Court dismisses case to force Raila contest in repeat poll

The High Court has dismissed a petition seeking to have National Super Alliance leader Raila Odinga take part in the repeat presidential election scheduled for Thursday, October 26.

Justice Chacha Mwita on Tuesday afternoon ruled that issues raised by Pokot South MP David Pkosing fall under the jurisdiction of the 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 acknowledged that there is an active and critical ongoing presidential process in the country and if Pkosing’s orders are granted, the court will be going overboard in determining the question of validity of the same process way beyond its jurisdiction.

According to the judge, IEBC has done what the Supreme Court directed them to do and if there’s a contempt of court by the NASA principals – who withdrew from the election – the Supreme Court can deal with the matter.

Justice Mwita further stated: “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.”

The petitioner can, however, move to the Supreme Court to have the matter addressed.

Pkosing moved to court arguing that NASA leaders are seeking to secure power through a crisis, triggered by failure to hold the fresh presidential election within 60 days as directed by the Supreme Court.

The MP said he is apprehensive that there is political conspiracy to prevent the Independent Electoral and Boundaries Commission (IEBC), as presently established, from conducting the fresh presidential elections.

According to him, if the fresh presidential election that slated for October 26 aborts by whatever means, Kenya is likely to plunge into a constitutional crisis.