NASA flag bearer Raila Odinga arrives for a political rally at the Kamukunji grounds in Nairobi, October 18, 2017. [Photo: The Star]
The High court has thrown out a petition seeking to compel Opposition leader Raila Odinga to participate in Thursday's election.In his ruling on Tuesday, justice Chacha Mwita said that he was not satisfied that it reaches the threshold of a petition."The issues in this petition do not belong to this court. This court is not in charge of presidential elections and cannot say anything on it. It cannot extend its jurisdiction," said Chacha as quoted by the Star.The judge also noted that the respondent (Raila) has a right to refuse to participate in the election and should not be forced to do so."It is is his right and can only be enjoyed by him. No one, not even the court, can force one to exercise their right. That will be a violation of the person's right."Raila and his running mate Kalonzo Musyoka withdrew saying that IEBC had ignored their demands for changes including the removal of IEBC chief executive Ezra Chiloba.Pokot South MP David Pkosing had filed the case, arguing Raila must comply with the Supreme Court order for a fresh presidential election following his petition.Through lawyer Kibe Mungai, the MP said the ODM leader's threats to boycott the election, if certain conditions are not met, is unlawful.