The High Court has ruled that NASA Presidential candidate Raila Odinga and his running mate Kalonzo Musyoka have the right to decide whether or not to participate in the Thursday presidential election as ordered by the Supreme Court.
Justice Chacha Mwita in reaching the decision ruled that no court has jurisdiction to force anyone to participate in any election or political position.
While dismissing the petition, Justice Mwita said the prayers sought by Pokot South Member of Parliament David Pkosing did not fall under the high court’s jurisdiction.
Justice Mwita further ruled that no court can force anyone to participate in any election or political position, adding that the duo were within their rights when they withdrew their candidature.
Meanwhile the High Court has dismissed a case in which activist Okiya Omutata was seeking for the establishment of a caretaker government.
Justice John Mativo in dismissing the petition on account of lack of jurisdiction said that although the petition raises substantial issues, they did not fall within the jurisdiction of the High Court.
Elsewhere, three voters have moved to the Supreme Court of Kenya seeking to stop the Independent Electoral and Boundaries Commission (IEBC) from conducting the fresh presidential election on Thursday, 26th October.
Khalef Khalifa, Samuel Mohochi and Gacheke Gachuhi sight lack of preparedness by the IEBC and also intimidation toward the IEBC employees which may lead to prejudiced outcome of the election.
IEBC commissioners, they argue, are serving partisan interests and Chairman Wafula Chebukati has publicly admitted that he cannot guarantee credible election.
They further argue that the withdrawal of Raila Odinga and Kalonzo Musyoka triggered the vacation of the fresh presidential election by operation of law.
They want the court to compel IEBC to ensure strict compliance to the parameters of a free, fair and credible election as stipulated in the law and an order compelling IEBC to conduct fresh nominations and issue notice of a new election date.
Chief Justice David Maraga has certified the application urgent and directed the petitioners to immediately file and serve their written submissions as the matter will be heard Wednesday tomorrow.