The High Court has kicked out a petition by former Kilome MP Harun Mwau seeking to stop IEBC from conducting the repeat presidential poll.
Justice Chacha Mwita ruled that the court had no jurisdiction to stop the election from taking place as planned.
The Judge noted that the Supreme Court had jurisdiction to determine any matter concerning the presidential election.
Mr Mwau had filed the case under a certificate of urgency accusing the electoral body of conducting an election contrary to the Constitution.
[caption caption="Former Kilome MP Harun Mwau"]
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The former MP argued that after the Court nullified the August 8 election, IEBC should have organized fresh nominations before conducting the upcoming poll.
“It is clear that the respondents are seeking to waive provisions of the Constitution and the law which they have no power to do, and as a matter of course if the fresh presidential elections are allowed to proceed as the respondents intend, the Supreme Court will invalidate the same,” the petition read in part.
Elsewhere, the Supreme Court was unable to hear a case on the postponement of the Presidential Election on Wednesday morning due to lack of quorum.
The case had been filed by Director at Muslim for Human Rights Khelef Khalifa, Executive Director at the International Commission of Jurists Samuel Mohochi and former Mathare Parliamentary Candidate Gacheke Gachihi.
Chief Justice David Maraga divulged that five of the judges were unavailable to sit leaving only Justice Isaac Lenaola and him to hear the case.
Maraga, therefore, ruled that the matter would be adjourned to a date to be determined later.
[caption caption="Chief Justice David Maraga"]
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