High Court declines to stop NASA anti-IEBC demos


Form Four student shot dead in Kisumu anti-IEBC demos
NASA supporters take to the streets on Monday, October 16, 2017 to demand electoral reform at the IEBC. PHOTO: ALLAN OBIERO

The High Court has declined to grant orders to block anti-IEBC demonstrations led by the National Super Alliance (NASA).

Justice John Mativo on Wednesday morning ruled that granting such orders, the court would be determining the case unconstitutionally since both the right to vote and demonstrate are guaranteed in the Constitution and must be balanced.

“I must be certified that the application meets the legal facets. An applicant is supposed to demonstrate a good case, granting such orders is a matter of discretion which must be exercised judicially and in accordance with the law,” said Justice Mativo.

Justice Mativo further said that since demonstrations are guaranteed and protected by the constitution, the relevant authorities are supposed to handle the demonstrations.

In the case, Kandara Member of Parliament Alice Wahome wanted the High Court to issue orders barring the opposition coalition from protesting or calling for further demonstrations.

In a certificate of urgency, the legislator wanted NASA restrained from interfering with the presidential election set scheduled for Thursday, October 26.

The National Super Alliance (NASA) has insisted that its supporters will stage countrywide demonstrations today and tomorrow (October 26).

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