Justice Joseph Onguto has ruled that the demonstrators are exercising their democratic right under the Constitution and must be allowed to picket.
The Judge has now ordered the Inspector General of Police Joseph Boinnet to ensure law and order is maintained throughout the protests as opposed to blocking the demonstrators.
He made the ruling in a case lodged by Gatundu South MP Moses Kuria and four other Jubilee legislators who had wanted the protests stopped.
The judge said he was not convinced that the demonstrations constitute an illegality on grounds that they are causing an inconvenience to the general public.
“They are within their rights to picket, demonstrate and express their opinions. The police are therefore required not to abdicate their duty and should ensure law and order is maintained,’’ the judge declared.
According to the MPs, the move by the CORD is in violation of the Constitution to the extent that they are seeking to unlawfully force the IEBC commissioners to leave office prematurely.
It is their argument that the opposition and others who may be seeking the ouster of IEBC commissioners are unequivocally bound by Article 91 of the Constitution as Political Parties not to engage in acts of sabotage of the Constitution.
Hundreds of youths have begun their protests from Kibera and are heading to Nairobi Central Business District. They have disrupted traffic flow on the busy Ngong Road.
In the lakeside city of Kisumu businesses have been brought to a standstill with anti-IEBC protesters who lit bonfires in most roads leading into the city.
Meanwhile, three people have been shot by police, two dead.