, NAIROBI, Kenya, Oct 24 – The High Court on Tuesday dismissed a case in which human rights activist Okiya Omtatah was seeking the formation of a caretaker government.
Justice John Mativo said he had no jurisdiction to hear the matter because it touches on the fresh presidential election, which he noted falls within the opinion rendered by the Supreme Court.
“While raising the question of jurisdiction suo moto (on its own motion), I drew the parties’ attention to the Supreme Court of Kenya Advisory opinion Number 2 of 2012 where the Supreme Court addressed the entire question concerning presidential elections belongs to the Supreme Court’s jurisdiction or whether its power is limited by the express language of Article 140 of the Constitution.”
In his petition, Omtatah had argued that the country requires a caretaker government before a fresh election is held after another 60 days.
He proposed that Chief Justice David Maraga should be appointed the head the country or that both NASA and Jubilee appoint a team with equal numbers to run it.
Mativo also ruled that the Supreme Court would be better placed to give an opinion on NASA leader Raila Odinga’s decision to withdraw from the contest noting that it is not provided for under the Constitution.
Omtatah’s application followed the announcement by Odinga and his running mate Kalonzo Musyoka that they will not participate at the fresh election because the Independent Electoral Boundaries Commission (IEBC) has failed to undertake basic reforms to ensure credible elections.
Omtatah says he will now file the petition at the Supreme Court.