The High Court on Monday, March 27, declined to stop the ongoing Azimio la Umoja's demonstrations.
While delivering the verdict, Justice Hedwig Ong'undi ruled that the court did not have the authority to force police to ensure peaceful processions and assembly.
The petition was filed by former Nairobi Governor Mike Sonko, days before the countrywide mass action kicked off on March 20.
"It would therefore not be proper for these courts to appear to be setting out new regulations and policies which is not within its docket," Justice Ong'undi stated.
High Court further declined to issue orders to Inspector General of Police Japhet Koome to arrest the demonstrators noting that it did not have the authority to direct the Interior Cabinet Secretary Kithure Kindiki on who to arrest.
"It would therefore not be proper for these courts to appear to be setting out new regulations and policies which is not within its docket," added the judge.
On the matter of the illegality of the declaration of public holidays by the Azimio leader Raila Odinga, the court stated that the Interior CS and the Inspector General of the police would direct on the way forward.
Through his lawyer, Sonko argued that the weekly demonstrations caused disruptions and affected businesses across the country.
Sonko's petition additionally claimed that the Monday, March 20, protests were aimed at forcing President William Ruto out of office.
He also held that the mass protest would interfere with the schedule of the Muslim community as they observed Ramadhan.
"Kindly allow me with all due respect to ask you to show some respect to our Muslim brothers and sisters who will be observing the holy month of Ramadhan,” Sonko stated.
The ruling came as Azimio leader Raila Odinga led the second mass action on March 27 across the country.
During the protests held across the country, one person was shot dead and several others were left nursing injuries in Kisumu as anti-riot police officers engaged in running battles with the crowd.
Police IG on Sunday, March 26 banned the protests describing them illegal.
