The Parliament in Kenya on Wednesday 11th, October 2017 passed an amendment to the country's election laws allowing one of the contenders in a repeat of a presidential election to be declared a victor in case the other candidate withdrew from the rerun.
National Super Alliance Presidential candidate Raila Odinga will be on the October 26 presidential ballot paper despite announcing on Tuesday that he had withdrawn from the repeat poll, the electoral commission has stated.
The commission said it understood the anxiety surrounding the electoral procedure - earlier, eight people were hurt after Kenyan police fired teargas in running battles with opposition protesters who burned tyres and lobbed stones.
"We have said and we continue to say that we will not participate in the elections if the environment is not conducive for a free and fair election", Odinga said.
In a statement on Wednesday evening, the electoral commission said the former Prime Minister is still in the contest despite announcing he had bowed out.
He says his withdrawal legally forces election officials to begin the entire process from scratch - a move that leaves more time for his reform demands to be met.
However, the Supreme Court has previously ruled that only the petitioner and respondent in the case challenging the election outcome should stand in a rerun, and this decision is likely to stand.
This follows yesterday's high court ruling that the October 26 election was a fresh poll and not a run off.
Odinga is counting on a ruling by the Supreme Court after 2013 elections - in which he failed to have the result overturned - which sought to clarify what happens if an election is invalidated.
The law sets out that if a candidate withdraws from a repeat presidential election in future, the other would win automatically.