Could this be the strategic mistake that cost Raila the chance to lead the country?

In a detailed ruling on why President Uhuru Kenyatta’s victory in the repeat presidential election was upheld, the Supreme Court of Kenya confirmed that Raila Odinga’s withdrawal from the October 26 repeat poll cost him the opportunity to lead the country.

Chief Justice David Maraga, Deputy CJ Justice Philomena Mwilu, justices Smokin Wanjala, Isaac Lenaola, Njoki Ndung’u and Jackton Ojwang formed the six –bench panel that gave the ruling.

According to the judges, there was no way repeat elections could have been cancelled or postponed even though Raila announced his withdrawal publicly and even wrote a letter to the Independent Electoral and Boundaries Commission (IEBC).

They however noted that his withdrawal was legal and within his rights.

The court said withdrawal of a contender from the presidential election is not envisaged in the constitution but is contained in Regulation 52 of election guidelines.

The judges added that Regulation 52 was not valid to the case at hand since party nominations had been done in May and that the nullified August 8 poll was not as a result of this.

On withdrawal from the presidential race, the court held that a candidate who wanted to withdraw must have done so within three days after nomination – by notifying the IEBC Chairperson who is also the National Returning Officer.

Justice Smokin Wanjala confirmed that Raila Odinga’s withdrawal from the repeal poll constituted a substantive and legally effective withdrawal from the election. In addition, they said Raila’s move could not have amounted to dissolution of the election.

On credibility and fairness, the court ruled that the repeat poll met the necessary threshold vital in a presidential election.