BY EURIDICE NZIOKA,NAIROBI,14TH NOV 2017-The national super Alliance (NASA) leader Raila Odinga is a happy man after the Supreme Court on Tuesday November 14, threw out a petition filed in court seeking his prosecution for boycotting the October 26 repeat presidential poll .
A civil society organization and Pokot South MP David Pkosing had wanted the court to charge Odinga with treason.
The two sides including International Institute of Governance held that a move by Raila to boycott the election amounted to sabotage.
Pkosing also wanted the Supreme Court to legitimise President Uhuru Kenyatta’s victory by declaring that he was legally elected.
But judges on Tuesday dismissed the petition saying it did not challenge the declaration of Uhuru and William Ruto as president and deputy president elect respectively.
“The matter does not fall under the purview of presidential petitions,” the Chief Justice said.
“If this court looses focus and succumbs to pressure to allow all petitions, it will not be able to determine them within stipulated timelines. We decline to grant the prayers but the matter will be heard after the determination of the two petitions before us,” he added.
The court has said it will rule on the presidential election petition by Monday.
It dismissed NASA and Jubilee’s prayers seeking to join the case, and expunged IEBC memos from the petition proceedings.The court plans to continue with its sitting to hear two more important matters before actual hearing of the petition challenging president Kenyatta’s win can commence.