Opposition leader Raila Odinga has received a major boost after the High Court dismissed a petition seeking to compel him to participate in the repeat election.
High Court Judge Chacha Mwita dismissed the petition filed by Pokot South MP David Pkosing seeking to have Mr Odinga and his running mate in the ballot on grounds that it did not meet the constitutional threshold.
"I'm not satisfied that the case submitted before me meets the threshold for a constitutional petition.
"The issues raised therein though coached as constitutional questions fall out of the mandate of this court," Justice Mwita ruled.
[caption caption="File image of NASA Leaders Raila Odinga and Kalonzo Musyoka in court"]
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The court made the ruling following a petition by Mr Pkosing seeking to compel Mr Odinga to take part in the repeat presidential election.
In the petition, Mr Pkosing argued that the former Prime Minister ought to comply with the Supreme Court decision that ordered for a fresh presidential election and that his threats to boycott the election be declared illegal.
Through lawyer Kibe Mungai, the MP explained that if the NASA leaders fail to participate in the poll, there will be a constitutional crisis that can plunge the country into uncertainty.
"Mr Raila Odinga being one of the candidates nominated to contest in the election is bound by the Supreme Court decision and cannot threaten to boycott the election. Any action to subvert or interfere with the elections is in contempt of the Supreme Court.
"The threats by NASA that fresh presidential election will not be held as scheduled may actually materialize in a significant number of constituencies and counties thereby putting Kenya’s constitutional order into jeopardy," the MP's petition read in part.
[caption caption="File image of Pokot South MP David Pkosing"]
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