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Raila can’t be forced to take part in repeat election, court rules

NASA leader Raila Odinga does not have to participate in tomorrow’s poll if he chooses not to, a court ruled yesterday.

This ended another of the litany of cases filed on the repeat presidential election.

Justice Chacha Mwita dismissed the case filed by Pokot South MP David Pkosing, saying the court lacks jurisdiction to handle the issues raised.

The Jubilee MP had told cthe ourt that Raila should be made to comply with the September 1 Supreme Court’s decision that ordered the IEBC to conduct a fresh election within 60 days.

 Further, he had argued that Raila’s threats to boycott the election if certain conditions are not met, was unlawful.
Pkosing told the judge that all candidates are bound by the Supreme Court decision and failure to participate in the election amounts to treason.

The judge said the issues fall under the jurisdiction of the Supreme Court and that is where the politician should have taken his case.

“It must be noted that this court is not in charge of presidential election,” Justice Mwita ruled.

“No court can force a citizen or person to exercise his right to make political choice.”

Pkosing, through lawyer Kibe Mungai, had expressed concern the threats by Raila and his running mate Kalonzo Musyoka poses a constitutional crisis that can plunge the country into uncertainty.

Among the orders he sought are a declaration that any action by the politicians or any of the NASA principals to stop the repeat presidential election is an act of treason and they should be held accountable should anything happen.

The MP had also told the court Raila’s threats to subvert or interfere with the election is in contempt of the Supreme Court decision.

“The threats by NASA that fresh presidential election will not be held as scheduled may actually materialise in a significant number of constituencies and counties, thereby putting Kenya’s constitutional order into jeopardy,” Mungai had argued.

The Jubilee MP said he will move to the Supreme Court.

Raila did not respond to the suit and it was determined without his participation.

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