The High Court has declined to issue orders seeking to bar anti-IEBC protests called by NASA on election day.
While making the ruling on Wednesday morning, high court judge Justice John Mativo said that granting the orders to block the demonstrations would be unconstitutional since the rights to vote and protest are both guaranteed in the Constitution.
“I must be certified that the application meets the legal facets. An applicant is supposed to demonstrate a good case, granting such orders is a matter of discretion which must be exercised judicially and in accordance with the law,” said Justice Mativo.
The judge further ruled that it is upon the relevant authorities to manage the demonstrations since it is guaranteed in the constitution.
Kandara Member of Parliament Alice Wahome had filed the case and was seeking orders from the High Court to bar the opposition coalition from staging the anti-IEBC demos or calling for further protests.
Filed under the certificate of urgency, the MP argued that the opposition outfit be restrained from holding the protests on Thursday, October 26th since it would interfere with the presidential election process.
Nasa had earlier indicated that it would stage nationwide protests on election day, although its leader Raila Odinga in an interview with BBC on Tuesday denied instructing supporters to demonstrate during the poll and instead urged them to stay at home.