BY JOHN WERU,NAIROBI,25TH OCT 2017-The High Court on Wednesday October 25th , declined to grant orders to block anti-IEBC demonstrations led by the National Super Alliance (NASA).
Justice John Mativo on Wednesday morning ruled that granting such orders, the court would be determining the case unconstitutionally since both the right to vote and demonstrate are guaranteed in the Constitution and must be balanced.“I must be certified that the application meets the legal facets. An applicant is supposed to demonstrate a good case, granting such orders is a matter of discretion which must be exercised judicially and in accordance with the law,” said Justice Mativo.
In the case, Kandara Member of Parliament Alice Wahome wanted the High Court to issue orders barring the opposition coalition from protesting or calling for further demonstrations.
The MP wanted NASA restrained from interfering with the presidential election set scheduled for Thursday, October 26.