[Raila Odinga in a past event. High Court in Nairobi has dismissed a case in which an MP wanted him compelled to run for polls. Photo/Nation]
Opposition leader Raila Odinga is within his constitutional rights for opting out of the Thursday's presidential race, a Nairobi Court has ruled.
In a shocking move, Odinga bolted out of the race citing lack of reforms within the IEBC in which he demanded removal of certain officials he accuses of bungling August elections.
And a case filled by Pokot South MP David Pkosing has been thrown out by High Court judge Chacha mwita citing 'lack of merit'.
"While this court has not jurisdiction to hear such matters, it is however important to note that the rights of someone to take part or not is guaranteed by the constitution," Mwita said.
He further noted:"The prayers before me are hereby dismissed with no costs to all parties concerned."
The new development could be detrimental to IEBC given that it included Odinga's name even after his unexpected withdrawal from Thursday's race.
Leaders allied to President Uhuru Kenyatta's Jubilee party have been pleading with Odinga to take part in the polls.
While it is not clear of what Odinga will tell the nation on Wednesday, legal experts argue that his withdrawal was within the law despite claims that he did not sign Form 24A.