The High court has thrown out a petition seeking to compel Opposition leader Raila Odinga to participate in Thursday's election.
Raila and
his running mate Kalonzo Musyoka withdrew, NASA saying IEBC has ignored their demands for changes including the removal of IEBC chief executive Ezra Chiloba.
But Pokot South MP David Pkosing
filed the case, arguing
Raila must comply with the Supreme Court order for a fresh presidential election following his petition.
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In his ruling on Tuesday,
justice Chacha Mwita said: "I am not satisfied that it reaches the threshold of a petition."
He added:
"...the issues in this petition do not
belong to this court.
This court is not
in charge of presidential elections
and cannot say anything on it.. it cannot extend its jurisdiction."
The judge added that the respondent (Raila) has a right to refuse to participate in the election and should not be forced to do so.
"It is is his right and can only be enjoyed
by him. No one, not even the court, can force one to exercise
their right...that will be a violation
of the person's right."
Through lawyer Kibe Mungai, the MP said the ODM leader's threats to boycott the election, if certain conditions are not met, is unlawful.
The lawyer argued that should the Opposition chief and Kalonzo make good their threat, there will be a constitutional crisis that could plunge the country into uncertainty.
President Uhuru Kenyatta and DP William Ruto of Jubilee Party have informed the IEBC of their readiness for the election.
This has been their message during campaigns across the country, during which they rebuked NASA leaders for their boycott but said they will continue to rule.
The other NASA principals are Musalia Mudavadi of ANC and Bungoma Senator Moses Wetang'ula who is Ford Kenya party leader.
Raila earlier clarified his instructions for voting day, saying his supporters should stay away, not demonstrate, in their push for reforms at IEBC.
"We have not told people to demonstrate on the polling day. We have not said that at all. We have told people to stay away," he told BBC.
"There are
two forces here; those who want to go on with sham elections irrespective of consequences and those who are saying 'no, its is not right to do it'."
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