The High Court has dismissed a case seeking to bar National Super Alliance (NASA) supporters from demonstrating on election day.
Judge Chacha Mwita ruled that the two rights of voting and demonstrating must be balanced.
The case had been filed by Kandara MP Alice Wahome who asked the court to restrain the opposition from interfering with the repeat presidential election.
[caption caption="Kandara MP Alice Wahome"]
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Last week, NASA flag bearer Raila Odinga declared that the opposition would hold countrywide demonstrations on October 26.
Odinga announced that NASA would continue to push IEBC to meet its demands before holding any election.
He claimed that resignation of IEBC Commissioner Roselyn Akombe was an indication there was interference within the commission by State House.
President Uhuru Kenyatta, however, warned of stern action against anyone who will attempt to disrupt the repeat election.
On Tuesday, the NASA leader, however, changed his earlier tune instructing his supporters not to demonstrate during the Thursday exercise.
He instructed the opposition supporters to boycott election claiming the Independent Electoral and Boundaries Commission (IEBC) cannot deliver a credible poll on the specific date.
The opposition has been holding countrywide demos in a bid to push for the removal of IEBC CEO Ezra Chiloba and other officials who are accused of bungling the August elections.
[caption caption="National Super Alliance (NASA) Flag bearer Raila Odinga in Kamukunji"]
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