"We have said many times that ODM will not go to court because of the manner in which the judges are appointed. They are President Kibaki's appointees", said ODM leader Raila Odinga.
Addressing the AU summit in Addis Ababa, President Kibaki maintained that the election dispute can be addressed by courts.
Analysts have warned that this latest war of words is likely to derail the Kofi Annan mediation talks that have reached a crucial stage.
Last month ODM protested against a statement read by President Mwai Kibaki in which he claimed that he was the 'duly elected' President.
The mediation talks are aimed at ending the political impasse that has engulfed the country since December 27 polls that have led to a 'systematic' slaughter of people based on their ethnic affiliation.
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burial of violence victim photo galleryKeywords: kenya_elections