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BY EURIICE NZIOKA,NAIROBI,24TH OCT 2017-The high court has thrown out a case seeking to compel NASA leader Raila Odinga to take part in the repeat presidential election slated for Thursday this week.
The case had been filed by lawyers Kibe Muigai , Wambua Kilonzo and one other .However while issuing the ruling high court judge Chacha Mwita said no court can force anybody to perform his democratic duty of voting or participating in an election if they don’t want to do so.
He has also said that the case does not meet the constitutional threshold since the petitioners had said that the country must hold an election even if it was shambolic so as to prevent constitutional crisis.
Howver speaking after the ruling delivered at the Milimani law courts lawyer Kibe Muigai wanted the judge to set aside his judgement saying the parties have not been given a chance to file their questions on jurisdiction.
Muigai feels that the court did not do justice to petitioners he says the judgement was issued without considering the principle of fair hearing and judgement.
Meanwhile a petition in which three Kenyan voters want the Supreme Court to halt Thursday’s fresh presidential election will be heard on Wednesday.
This is after Chief Justice David Maraga admitted the matter and certified it as urgent.
“The matter is to be heard at 10am tomorrow notwithstanding that it may be a public holiday,” the directions issued by CJ Maraga say.
The CJ who is also the President of the Supreme Court directed the three petitioners to serve their written submissions along with the petition on the Independent Electoral and Boundaries Commission (IEBC) Chairman Wafula Chebukati, IEBC – who have been listed as the respondents – and all eight presidential candidates.
The CJ further directed Chebukati, IEBC and the eight presidential candidates to file their written responses by 8.30am Wednesday morning.