, NAIROBI, Kenya, Jun 20 – The High Court has dismissed a preliminary objection filed by CORD leaders to have a petition filed by a matatu owner whose vehicle was burnt during recent anti-Independent Electoral and Boundaries Commission (IEBC) demonstrations struck out.
While dismissing the application, Justice Joseph Onguto stated that the Constitution does not stop the court from awarding damages where identified, though that depends on evidence produced.
He stated that the court has the jurisdiction to hear the matter where rights have been violated, the petitioner blames the respondents for the loss or seeks to criminalize respondents’ supporters action.
He further indicated that the application by the CORD Principals lacked in merit as preliminary objection is not set out and dismissed it.
The CORD leaders had through their lawyers Antony Oluoch and Haroun Ndubi earlier stated that the petitioners had not produced any document to place any of the respondents as directly responsible for the burning of the vehicle.
They also contended that the petitioners, Agnes Wacera and Prime Tancity SACCO had not shown that any right has been bridged.
They argued that the petitioner failed to describe those who are alleged to have burnt the vehicle since they were not in uniform hence cannot be concluded to have been CORD supporters.
The case will now proceed for full hearing on June 29.