Court Throws Out Case to Force Raila Participate in the Repeat Election

A petition seeking to have Super Alliance (NASA) leader Raila Odinga be forced take participate in the repeat presidential election set for Thursday has been dismissed by the High Court.

While dismissing the petition filed by Pokot South Member of Parliament David Pkosing, Justice Chacha Mwita on Tuesday ruled that issues raised by the petitioner can only be heard Supreme Court.

“This court has a limited jurisdiction in criminal and legal matters. According to Article 163 of the constitution, the High Court shall not have jurisdiction on matters of the Supreme Court,” said Justice Mwita.

The Judge said there was an ongoing presidential process in the country and if the MP's orders are granted, the court would be overstepping its jurisdiction.

He further said that no court can compel a citizen to exercise his/her constitutional right.

“No court can force a citizen or a person for that matter to exercise his/her fundamental rights. The citizen has a right to make political choices,” said Justice Mwita in his ruling.

In his petition before the court, Pkosing argued that NASA leaders, by withdrawing their candidature from the fresh election were seeking to capture the Presidency through a crisis, triggered by failure to conduct the repeat presidential election within 60 days as ordered by the Supreme Court.

He also submitted that there was a conspiracy to block the Independent Electoral and Boundaries Commission (IEBC) from conducting the fresh election, as currently established.

He also argued that if the October 26th election aborts by whatever means, Kenya would likely plunge into a constitutional crisis.