Cord loses bid to stop lawsuit

The Coalition for Reforms and Democracy (Cord) principals have lost a bid to stop a case in which a woman has sued them after her vehicle was burnt during protests to remove the electoral body.

Through lawyer Antonny Oluoch, Raila Odinga, Kalonzo Musyoka and Moses Wetang'ula, listed as the sued parties, had objected to the suit filed by Agnes Macharia and Prime City Transporters Sacco and wanted it stopped from proceeding.

Ms Macharia wants to be compensated for damage she claims was caused by Cord supporters on June 6 during demonstrations in Nairobi calling for the overhaul of the Independent Electoral and Boundaries Commission (IEBC).

However, the three argued that the incident was of a criminal nature and, therefore, cannot be handled by a constitutional court.

But High Court Judge Joseph Onguto ruled that his court has the jurisdiction to hear and determine the matter.

“There is a likelihood that these are genuine grievances and this court has the jurisdiction to hear and determine matters in which rights have been violated; the preliminary objection is hereby dismissed,” Justice Onguto ruled.

The judge said the Cord leaders’ arguments lacked merit.

The opposition leaders maintained that they were wrongly listed in the suit because they had no direct liability for the burning of the public service vehicle registration number KCE 441E, arguing that issues of security belong to the police.

“The responsibility of maintaining law and order for any individual or classes of people including during legal demonstrations rests with the Inspector-General and other law enforcement agencies, not Mr Odinga, Mr Kalonzo or Mr Wetangula,” Mr Oluoch said during the hearing.

Further, Ms Macharia and Prime City Transporters Sacco, through their lawyer Wilfred Ogot Lusi, want Cord leaders barred from holding further protests, arguing that they endanger people's lives and property.

Also, she claims her matatu driver and conductor were beaten up.

After the incident, Nairobi matatu operators held a demo and marched to President Uhuru Kenyatta’s Harambee House office, where they handed over a petition before proceeding to Mr Odinga’s Upper Hill office, where they dumped the shell of the burnt-up matatu.

In solidarity with the businesswoman, Jubilee MPs and Kameme FM listeners contributed Sh3 million to help her purchase a new matatu. One of the legislators who expressed interest in the funds drive is Kieni MP Kanini Kega.

The single mother is striving to raise Sh5 million

Cord has called off the protests to allow more time for preliminary talks with Jubilee MPs on how to revamp the IEBC.

Justice Onguto said he would determine the merits of the case and whether the court would award the complainant compensation after a further hearing on June 29.