Harun Mwau's Petition to Stop October 26th Repeat Election Dismissed by High Court

The High Court on Wednesday quashed a petition seeking to postpone the October 26th repeat presidential election.

Former Kilome MP Harun Mwau had lodged the petition seeking for postponement of the repeat election on grounds that political parties did not conduct fresh nominations for presidential candidates.

Reading the ruling, Justice Chacha Mwita said the court lacked constitutional jurisdiction to hear matters raised in the petition.

Judge Chacha said that matters raised in Mwau's case touched on the presidential election and only the Supreme Court has the constitutional mandate to handle petitions pertaining a presidential election.

“The petitioner referred to orders of the Supreme Court which annulled the August 8 presidential election. The issues of the case touch on presidential election and therefore should only be dealt with by the Supreme Court,” said Justice Mwita.

The judge cited that article 163 (3)(A) of the constitution, which gives the original jurisdiction to hear issues of presidential election to the Supreme Court.

This comes hours after a petition filed at the Supreme Court by three voters seeking for postponement of the fresh election failed to proceed as the court could not raise the required quorum.