The new details suggest that Odinga did not sign the necessary documents.
Celebrated Political analyst Mutahi Ngunyi, however, states that the statement from Odinga was a political act that did not have any legal meaning.
Ngunyi stated that an official withdrawal would have required the NASA leader to sign form 24A which was not done.
“Raila did not withdraw. It was a sick joke. He did not sign form 24A. Had to wait for Aukot ruling before signing 24A. Raila is in the race!,” Ngunyi tweeted.
According to the Elections Act, a candidate who seeks to withdraw after the nominations have taken place would be required to sign a certain prescribed form 24 A.
“A candidate who has been nominated may withdraw his or her candidature by delivering to the respective returning officer a notice to that effect in Form 24A not later than three days after nomination,” rule 52 (1)of the Election Regulations amended in 2017 stated.
In his press conference, Odinga stated that he had signed by way of a letter to IEBC Chairman Wafula Chebukati, who is also the returning officer in the presidential elections.
It is not clear if the provisions would apply in the scenario of a repeat election where there were no nominations, but if that was to be the case, the withdrawal will be a nullity and hence elections to be carried out on 26th October.
Ngunyi’s observation came at the same time that High Court judge John Mativo ruled that Ekuru Aukot be allowed to participate in the repeat election.