NASA leader Raila Odingas plan to oust Uhuru Kenyatta from the presidency has suffered set back after the Supreme Court excluded his team from being part of the petition.

The unanimous decision by the Supreme Court gives the Jubilee party much needed confidence in the wake of the party’s disputed win in two consecutive elections.

The justices gave a brief ruling and said they would give detailed information later on. "we find that NASA cannot be sustained as a respondent in this matter. In view of the limited time, the court will give detailed reasons for this decision on notice,” Justice Otunga read.

The ruling also follows heavy criticism of President Kenyatta’s remarks after the same court ruled against him in the first petition which overturned his August 8 election win.

The president referred to the Supreme Court judges as “thieves” His remarks were taken as a direct attack on the judiciary.

The president had asked the court to exclude Raila Odinga from the petition on the basis of their boycott of the October 26 election. The Jubilee team argued that NASA had no interest in seeking to have the election invalidated after they boycotted the elections.

NASA was not the only looser after the court also ruled that the petition by Institute for Democratic Governance to censure Raila Odinga and Kalonzo Musyoka was not urgent and therefore would be heard at a different date.

“This petition does not challenge the election of the president-elect, it is therefore not a time bound petition under Article 140 of the constitution that we must hear within 14 days”