NASA Presidential Candidate Raila Odinga has a right to choose if he will or will not participate in the repeat elections, the High Court has ruled.
On Tuesday, High Court Judge Chacha Mwita made the ruling in reference to a petition lodged by Pokot South MP David Pkosing.
Pkosing in his petition wanted the High Court to compel Raila to run against President Uhuru Kenyatta in the repeat poll.
He said Raila must comply with Supreme Court’s order for fresh polls since he was the petitioner in the case.
Through his lawyer Kibe Mungai, Pkosing said Raila’s withdrawal from the race was unlawful and could lead to a political crisis.
This crisis, argued the lawyer, would put the country into a wave of uncertainty.
Justice Mwita ruled that the argument by Pkosing did not reach 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 the judge as the Star quotes.
He said the court lacks jurisdiction to compel Raila to participate in the polls.
“It 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.”