The High Court has quashed a petition that sought to have a caretaker government take over from President Uhuru Kenyatta should the repeat presidential election set for Thursday fail to be held.
In its ruling on Tuesday, the high court said that the jurisdiction to determine the formation of a caretaker government if the 60 days period to hold the fresh election ordered by the Supreme Court elapsed before the poll is held only lies with the Supreme Court.
Justice John Mativo therefore threw out the case filed by activist Okiya Omtatah, saying the high court does not handle matters related to Presidential election.
“I am constrained to rule that the substantial issues raised in the petition fall outside the powers of this court. Some of the disputes are not ripe for determination while other issues raised by the petitioner are grounds for challenging the results of a presidential election,” ruled Mativo.
However, the repeat Presidential election will proceed on Thursday after the Supreme Court failed to hear a case filed by three voters seeking for the postponement of the poll for lack of quorum.
Chief Justice David Maraga on Wednesday morning said the Supreme Court could not hear the matters as only two judges were available at that time.
For the apex court to hear a case, five of the seven judges must be present.
Omtatah has indicated he will move to the Supreme Court to further pursue his case.