The High Court has dismissed a preliminary objection to have a petition filed by matatu owners trashed.
Justice Joseph Onguto dismissed the objection, saying the Constitution does not stop the court from awarding damages where the complainant adduced enough evidence.
The petition was filed by Agnes Wacera whose vehicle was burnt during recent anti-Independent Electoral and Boundaries Commission (IEBC) demos. The petition lists Opposition leaders Raila Odinga, Kalonzo Musyoka and Moses Wetang'ula as the key respondents.
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"The court has a jurisdiction to hear the matter where rights have been violated," said Onguto.
He further indicated that the application by the CORD principals lacked merit. The Opposition leaders were sued over destruction of property during anti-IEBC protests.
Through lawyer Anthony Oluoch, CORD officials had made a preliminary objection against Ms Wacera's petition claiming courts lack jurisdiction to hear the matter.
"The responsibility of maintaining law and order during legal demonstrations rests with the Inspector General of Police and the law enforcement agencies and not on the respondents," said Mr Oluoch.
Lawyer Wilfred Ogot, who represented the applicants, said the matter needed to proceed because the petitioners are business persons whose business are at risk.