What you need to know:
- Mr Mwau wanted the fresh election suspended on grounds that the IEBC had not conducted fresh nominations.
- Mr Justice Chacha Mwita ruled that the issues raised in the petition fall squarely in the hands of the Supreme Court.
Businessman-cum-politician Harun Mwau on Wednesday failed to stop the repeat presidential election being held on Thursday after the High Court said it lacked jurisdiction to hear and determine the petition he had filed.
Mr Mwau wanted the fresh election suspended on grounds that the Independent Electoral and Boundaries Commission had not conducted fresh nominations.
Mr Justice Chacha Mwita ruled that the issues raised in the petition fall squarely in the hands of the Supreme Court as provided for in the Constitution.
“As the Supreme Court had also stated in its judgment, it has the mandate to analyse processes leading to the election and not just the final results.
"This court, therefore, lacks jurisdiction to deal with the matter raised,” Justice Mwita said.
The judge said all Supreme Court decisions were binding on the High Court and that Mr Mwau ought to have filed his case in the higher court.
Meanwhile, Nyanza politician Stephen Mwanga also failed to get orders stopping Siaya Governor Cornel Rasanga from issuing threats to voters who want to participate in the repeat poll.
High Court Judge John Mativo said Mr Mwanga had relied on media reports, which are not admissible in law.
The court found that he had not proved those were Mr Rasanga’s words.
Mr Mwanga was also faulted for rushing to court alleging threats to his life and seeking security, when he had not reported the incident to the police.
Separately, a request by Kandara MP Alice Wahome to have Nasa leaders and their supporters stopped from engaging in public demonstrations Thursday was declined after Justice Mativo held that demonstration is a right that is protected in law.