High court has dismissed a petition seeking to stop Siaya Governor Cornel Rasanga from threatening voters not to cast their votes tomorrow in the repeat presidential elections set for tomorrow.
While delivering the ruling, justice John Mativo said that nothing bars him from hearing and determining the matter.
However, he said that the petitioner, Stephen Okoth Mwanga who is the Jubilee Coordinator in Siaya and Kisumu Counties has failed to prove his case to the required standards.
The respondent had argued that the petition should have been filed in the nearest High Court for instance Kisumu or Siaya since the events occurred in Siaya county.
The judge ruled that no sufficient explanation was given as to why the petition was filed in Nairobi.
“This is not a matter of hearing jurisdiction rather a territorial jurisdiction.” Mativo ruled.
Through lawyer Njuru Kihara, the petitioner told the court that they failed to file the case in Kisumu and Siaya because there are chaos in those county therefore making them unable to access the courts.
However, the judge had said that time does not allow transfer of the petition while dismissing will be too drastic and will deny the petitioner a fair hearing.
Through his lawyer, Rasanga told the court that the petition lacked merit as there are available remedies and other laws to handle the matter.
In the petition, the coordinator wanted the High Court to restrain the governor from threatening, blocking, interfering and frustrating voters from accessing concern polling station and the right of his principal party to supervise and oversee the voting on Oct 26.
He argued that Rasanga and other agents working with him have expressed and is in record stating that he will refuse and reject, harm and violently stop him and people from his political party from voting on Thursday.