The High Court has made a final ruling on Human Rights activist Okiya Omtatah's case seeking the formation of a caretaker government.
Justice John Mativo on Tuesday dismissed the case filed by the activist citing that he lacked jurisdiction to rule on the matter.
He added that the matter falls within the Supreme Court.
[caption caption="Activist Okiyah Omtatah"]
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"While raising the question of jurisdiction suo moto (on its own motion), I drew the parties’ attention to the Supreme Court of Kenya Advisory opinion Number 2 of 2012 where the Supreme Court addressed the entire question concerning presidential elections belongs to the Supreme Court’s jurisdiction or whether its power is limited by the express language of Article 140 of the Constitution,” Justice Mativo stated.
After the ruling, Mr Omtatah told Kenyans.co.ke that he would take his case to the highest court in the land-(The Supreme Court) for determination.
Meanwhile, Chief Justice David Maraga certified a case by three voters seeking to stop the repeat poll as urgent. He directed that the case would be heard on Wednesday at 10 am.
Advocate Harun Ndubi, who was representing the petitioners, stated that the Supreme Court had included all the presidential candidates as respondents in the petition.
Read Also: IEBC Taken to Supreme Court 1 Day to Election
Last month, a leader affiliated to the National Super Alliance (NASA) proposed for the formation of a government led by National Assembly Speaker Justin Muturi.
Former Nyamira Senator Kennedy Mong'are wanted the country to form a caretaker government instead of holding a presidential election in October.
Mr Mong'are argued that the IEBC was facing various issues and would not be able to organize an election within the days stipulated by the law.
He stated that the Speaker should, therefore, take over the government as the caretaker as dictated by the Constitution.
[caption caption="High Court Judge John Mativo"]
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