Judge Chacha Mwita has ruled that the High Court lacks jurisdiction to hear and determine Harun Mwau’s petition to block the presidential election.
Mwita said on Wednesday that issues raised fall within the jurisdiction of the Supreme Court.
The petitioner asked the High Court to stop IEBC from conducting the election without carrying out fresh nominations.
But through lawyer Tom Macharia, President Uhuru Kenyatta opposed the case saying it lacked merit.
He said the High Court has no jurisdiction to determine the matter and that it should be handled by the apex court.
The President also argued that the suspension of the poll is not contemplated by the Constitution and Elections Act.