[Wafula Chebukati and President Uhuru Kenyatta in a past event. Lawyer Nelson Havi says High Court ruling by Chacha Mwita is a big blow to the two. Photo/Nation]
The High Court ruling that dismissed a case seeking to compel opposition leader Raila Odinga to participate in Thursday's poll may lead to cancellation of the results should polls take place, observes city lawyer Nelson Havi.
Pokot South MP David Pkosing had moved to the High Court arguing that Odinga had not formerly withdrawn from the presidential race, an argument that was disallowed by Chacha Mwita.
"The court ruled that it does not have jurisdictions to hear such cases adding that no one has powers to infringe into constitutional rights of someone else," Havi said.
With just a day to polls, Odinga maintains that he is not part of the elections despite IEBC including his name in the presidential ballot papers.
And it is this move that Havi argues could lead to a tough presidential petition should elections go on as planned.
"This ruling raises questions on the inclusion of other presidential candidates in the race by the same High Court. It does not have such jurisdictions.
"Also, Odinga can move to court to demand to know why he was included yet he had bolted out and this may severely affect IEBC and President Uhuru Kenyatta should he win," he further says.
Supreme Court is set to hear a case challenging Thursday's elections with three Kenyans claiming that IEBC is not ready for the polls.
The case is strongly backed by sentiments of chairman Wafula Chebukati who had indicated that he is not ready to deliver a free and fair poll given the political situation in Kenya.