That ruling of 2013 on who participates in fresh elections seems problematic.
If the petition is filed by the one who came second then only the two leading candidates participate in the fresh election!
If it is another party then all those who participated in the earlier petition are free to run.
I guess this other party means – even if the petition is by the one who was in position 3, or 4.
Take a situation where number two files a petition, then number 3 and 5 also file their own petitions. Ultimately those petitions would be consolidated then heard and determined together.
Now the NASA petition was also joined by Ekuru and Wainaina as interested parties. Doesn’t that mean they are also directly interested in the outcome and its benefits?
A little messy if you ask me.
IEBC has interpreted it one way, but SCORK should have clarified this as they delivered their one paragraph ruling on Sept 01st.
Isuni yilu yi maa me muyo - ni Mbisuu