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|Case Number:||Presidential Election Petition 2 of 2017|
|Parties:||Mwau v Independent Electoral and Boundaries Commission & 2 others; Wamaya (Applicant)|
|Date Delivered:||14 Nov 2017|
|Court:||Supreme Court of Kenya|
|Judge(s):||David Kenani Maraga, Jackton Boma Ojwang, Isaac Lenaola, Mohammed Khadhar Ibrahim, Philomena Mbete Mwilu, Smokin Charles Wanjala, Njoki Susanna Ndungu|
|Citation:||Mwau v Independent Electoral and Boundaries Commission & 2 others; Wamaya (Applicant) (Presidential Election Petition 2 of 2017)  KESC 7 (KLR) (14 November 2017) (Ruling)|
Legal requirements to be enjoined as an interested party in Supreme Court Proceedings.
Ben Caleb Wamaya made an Application for joinder as an interested party in the Presidential Election Petition No. 2 of 2017. He contended that he was a registered voter, who wished to cast his vote in the October 26, 2017 repeat presidential election but he was denied his right to do so due to the unavailability of election staff and materials and the actions of the Police chasing away people from the polling station.
Relevant provisions of the law
The Supreme Court Rules, 2012;
Rule 25; Interventions;
(1) A person may at any time in any proceedings before the Court apply for leave to be joined as an interested party.
(2) an application under this rule shall include:-
(a) a description of the interested party;
(b) any prejudice that the interested party would suffer if the intervention was denied; and
(c) the grounds or submissions to be advanced by the person interested in the proceeding, their relevance to the proceedings and the reasons for believing that the submissions will be useful to the Court and different from those of the other parties.
(4) An application under this rule shall be determined on the basis of written submissions. Provided that the Court may, where the applicant is unrepresented, direct that submissions may not be made orally.
The Supreme Court (Presidential Election Petition) Rules, 2017;
Rule 4 (2);
4(2) Where there is no applicable provision in the Act or in these Rules, the procedures set out in the Supreme Court Rules, 2017 in so far as they are not inconsistent with the Act or these Rules, shall apply to an election petition.
|Case Outcome:||Petition dismissed|
|Disclaimer:||The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information|