The National Super Alliance (NASA) coalition has gotten a victory after a High Court dismissed an application by 12 Nakuru voters seeking to bar the opposition from interfering with the Independent Electoral and Boundaries Commission (IEBC).The Court declared that the demands made by the Opposition were not unlawful.
Last month, the 12 residents filed the case seeking a court injunction against the Opposition leaders who pushed for criminal litigation against some of the IEBC officials.
The petitioners have accused the NASA leaders of conspiring with IEBC Chairman Wafula Chebukati to tamper with the fresh poll through the formation a special project team which, in their view, is illegal.
IEBC is the only body mandated to conduct the fresh poll. It must be carried out by the commissioners who have been recruited and appointed in accordance with the Constitution, the petitioners stated in the court papers.
They further argued that should the special team be appointed, then the election will once again be plagued with irregularities and annulled leading to a constitutional crisis.
"Pending hearing and determination of this matter, we request this court to issue conservatory orders of injunction restraining Nasa affiliate parties and its leaders from removing the IEBC commissioners, members of the secretariat and electoral officials from office and replacing them," the petition read in part.
On Tuesday however, Mr Odinga withdrew from participating in the repeat presidential elections.
Following the surprise announcement, the Independent Electoral and Boundaries Commission (IEBC) issued a new statement explaining that following the withdrawal of the NASA presidential candidate, the Commission and the legal team are meeting and will communicate way forward.
