Cord
to snub court proceedings initiated by Jubilee on protests to evict IEBC commissioners.
The Opposition said it would not participate in the case following Justice Isaac Lenaola's last Friday against breaking into or storming IEBC offices.
The judge extended the orders on Thursday for the case to proceed to full hearing, with or without their participation.
Lenaola noted that the party has been served and is aware of the ongoing proceedings.
“I direct the matter to proceed to hearing on May 26 before Justice Joseph Onguto,” he ruled.
The order last Friday bars Cord principals and their supporters from "breaking into, storming, forcibly opening the doors or blocking such access to the IEBC commissioner’s and IEBC staff premises”.
It further restrained them from accessing premises of residence of IEBC commissioners and warned that whoever wants to challenge the constitutional mandate of the IEBC should follow the law in lodging complaints.
Lawyers James Orengo and Paul Mwangi who represented Cord last week, agreed to participate in Thursday's proceedings. But they retreated following the orders and are yet to file their response.
But Orengo said: “The orders amount to nothing because we have not told anyone we are going to break the law,”
“With great respect for the court, it is wrong to issue orders without hearing all parties. We take this with great exception. As representatives of Cord, we will not take part in these proceedings and we live the judgment to the court."
Lenaola said his orders were very clear on people's have rights to demonstrate but noted that this should be done peacefully.
“People can demonstrate and picket but do so without the use of force, arms, or break the law," he said.
by MPs Ferdinand Waititu (Kabete), Moses Kuria (Gatundu South), Kimani Ichung’wa (Kikuyu), Alice Ng’ang’a (Thika Town), and Dennis Waweru (Dagoretti South).
Waititu's lawyer, Harrison Kinyanjui, said he will pursue contempt proceedings against Cord if they go ahead with the planned demos.
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In response to the suit, the IEBC asked the court to weigh the political rights of the Jubilee MPs against Cord’s right to assemble, demonstrate or picket.