NAIROBI, Kenya’s electoral commission is yet to announce whether or not it will declare a victor in the repeat Presidential Elections held on Oct 26 while votes from four counties are still outstanding.

However, the the ruling Jubilee party of President Uhuru Kenyatta says the Constitution allows for the announcement of the winner even though more than 1.7 million registered voters did not have a chance to cast their ballots on Oct 26.

The four counties in Western Kenya, which are opposition strongholds, were denied the right to vote due to election-related violence.

Over 5,000 polling stations in western Kenya did not open last Thursday as a result of protests. Despite this, Jubilee Secretary-General Raphael Tuju says the results from the affected counties would not have any effect on the national results.

Forty per cent turnout is expected in a repeat election, especially when one of the main contenders has actually pulled out They did not participate in the elections out of their own will, said Tuju here Sunday.

The leader of the opposition national Super Alliance (NASA), Raila Odinga, however, maintains that the polls which he boycotted were illegitimate and therefore the electoral commission cannot declare any of the seven presidential candidates as the victor.

Currently, according the tally by the Independent Electoral and Boundaries Commission (IEBC), Kenyatta is leading with over 95 per cent of the votes. The voter turnout was less than 40 per cent of registered voters.

Odinga says he is still open to have a dialogue with Kenyatta. He says if Kenyatta commits to a fresh credible and fair polls, he would accept the results whatever the outcome.

In an interview with the South African Broadcasting Corporation (SABC) correspondent, Sara Kimani, Odinga also criticised the international observers tasked with monitoring the polls, saying both observer missions as well as the diplomatic community failed to exercise their duties.

However, Tuju dismissed the suggestion that the observers were biased towards the ruling party. He said observers do not, and cannot have influence of the voting process and the results of both the Aug 8 and Oct 26 presidential elections were indicative of the will of the Kenyan people.

Meanwhile, Amnesty International has accused Kenyan police of using excessive force during protests in the country’s western region, the stronghold of Odinga. At least four people are confirmed dead in western Kenya following violent clashes between police and Odinga supporters opposing the fresh presidential election.