The High Court has dismissed a petition seeking to compel National Super Alliance (Nasa) leader Raila Odinga to take part in the Thursday repeat presidential election.
Justice Chacha Mwita on Tuesday ruled that the High Court lacks jurisdiction on the matter.
"It must be noted that this court is not in charge of a presidential election, no court can force a citizen to exercise his right to make political choice," ruled Justice Mativo.
In the case, Pokot South MP David Pkosing had argued that Mr Odinga must comply with the Supreme Court decision that ordered a fresh presidential election.
His threats to boycott the election if certain conditions are not met, Mr Pkosing said, will be unlawful.
According to the legislator's lawyer Kibe Mungai, he is taking the dispute to the Supreme Court.