Case Metadata |
|
Case Number: | Presidential Election Petition 4 of 2017 |
---|---|
Parties: | Njonjo Mue & Khelef Khalifa v Chairperson Independent Electoral and Boundaries Commission, Independent Electoral and Boundaries Commission, Uhuru Muigai Kenyatta & Edward Kings Onyancha Maina [2017] eKLR |
Date Delivered: | 14 Nov 2017 |
Case Class: | Civil |
Court: | Supreme Court of Kenya |
Case Action: | Ruling |
Judge(s): | David Kenani Maraga, Jackton Boma Ojwang, Isaac Lenaola, Philomena Mbete Mwilu, Smokin C Wanjala, Susanna Njoki Ndungu |
Citation: | Njonjo Mue & another v Chairperson Independent Electoral and Boundaries Commission & 3 others [2017] eKLR |
Court Division: | Civil |
County: | Nairobi |
Case Summary: | Considerations for one to be enjoined as an Interested Party in a Presidential Election Petition Njonjo Mue & another v Chairperson Independent Electoral and Boundaries Commission & 3 others Presidential Election Petition No. 4 of 2017 Supreme Court of Kenya Maraga, CJ; Mwilu, DCJ; Ibrahim, Ojwang, Wanjala, Njoki & Lenaola, SCJJ November 14, 2017 Reported by Robai Nasike Sivikhe
Election Laws- presidential election petition- joinder of parties in a presidential election petition-application to be enjoined as an interested party in a presidential election petition- whether the Applicant had an identifiable stake in the petition and would be prejudiced if he was not enjoined as an interested party- whether the Applicant had qualified to be enjoined as an interested party. Civil Practise and Procedure- joinder of parties- application to be enjoined as an interested party in a presidential election petition- whether the Applicant had an identifiable stake in the petition and would be prejudiced if he was not enjoined as an interested party- whether the Applicant had qualified to be enjoined as an interested party.
Brief Facts Mr. Edward Kings Onyancha Maina made an application for joinder as an interested party in the Presidential Election Petition No. 4 of 2017. The Applicant contended that he was a Registered Voter, who cast his vote in the October 26, 2017 repeat Presidential election and that he was not consulted by the Petitioner before making the petition (No. 2 of 2017). According to the Applicant, the petition being sought had violated his freedoms and rights. The Applicant stated that grant of leave will enable him to ventilate, sustain, protect, promote, enforce and champion his freedoms and rights enshrined under the Constitution and the relevant law. The Applicant contented that he strongly feared that unless he was enjoined in the instant petition he stood to be violated as a voter in the event that the declared results were invalidated.
Issues
Held
Application dismissed. |
Extract: | East Africa Cases 1. Muruatetu, Francis Karioki & another v Republic & 5 others, Supreme Court Petition No 15 & 16 of 2015 (consolidated); [2016] – (Followed) 2. Trusted Society of Human Rights Alliance v Mumo Matemu & 5 others, Supreme Court Petition No 12 of 2013, [2015] Eklr – (Followed) East Africa Statutes 1. Supreme Court Rules, 2011 (Act No 7 of 2011 Sub Leg) rule 25 – (Interpreted) 2. Supreme Court (Presidential Election Petition) Rules 2017 (Act No 7 of 2011 Sub Leg) rule 4(2) – (Interpreted) |
Case Outcome: | Application 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 |
THE REPUBLIC OF KENYA
IN THE SUPREME COURT OF KENYA
(Coram: Maraga: CJ & President, Mwilu; DCJ & V-P, Ibrahim, Ojwang, Wanjala, Njoki & Lenaola, SCJJ)
PRESIDENTIAL ELECTION PETITION NO. 4 OF 2017
(APPLICATION FOR JOINDER AS INTERESTED PARTY)
BETWEEN
NJONJO MUE...................................................................................1ST PETITIONER
KHELEF KHALIFA..……....……......................................................2ND PETITONER
AND
THE CHAIRPERSON INDEPENDENT ELECTORAL
AND BOUNDARIES COMMISSION…………….…....………..1ST RESPONDENT
INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION……………………......………...2ND RESPONDENT
H.E UHURU MUIGAI KENYATTA.………..…………...………..3RD RESPONDENT
AND
EDWARD KINGS ONYANCHA MAINA ……....APPLICANT/ INTERESTED PARTY
RULING
(An application for joinder as an interested party under Rule 25 of the Supreme Court Rules, 2012 as read with Rule 4 (2) of the Supreme Court (Presidential Election Petition) Rules, 2017)
1. UPON perusing the application dated 11th November, 2017 and filed on 13th November, 2017 by Edward Kings Onyancha Maina for joinder as an interested party in the Presidential Election Petition No. 4 of 2017 and;
2. UPON reading: the affidavit of Mr. Edward Kings Onyancha Maina, a Kenyan citizen residing and working at Nakuru City and a registered Voter, sworn on the 11th November, 2017; and;
3. UPON considering the arguments made therein in which the applicant contends that he was a Registered Voter, who cast his vote in the 26th October, 2017 repeat Presidential election; that he was not consulted by the petitioner before making the petition (No. 2 of 2017); the petition seeks and does violate his freedoms and rights; that grant of leave will enable him to ventilate, sustain, protect, promote, enforce and champion his freedoms and rights enshrined under the Constitution and the relevant law; and, that he strongly fears that unless he is enjoined in the present petition he stands to be violated as a voter in the event that the declared results are invalidated.
4. The applicant has not demonstrated that he has an identifiable stake in the present petition neither has he demonstrated that he will be prejudiced if he is not enjoined as a party taking into account the issues he raises have already been addressed by the parties.
5. Having considered the application, by a unanimous decision of the Court, we find that the applicant does not qualify to be joined as an interested party and make the following orders under Rule 25 of the Supreme Court Rules as read with Rule 4(2) of the Supreme Court (Presidential Election Petition) Rules 2017.
6.
ORDERS |
REASONS
|
The application is disallowed. |
The application does not meet the principles laid out in Trusted Society of Human Rights Alliance v Mumo Matemu & 5 Others, Supreme Court Petition No. 12 of 2013, [2015] eKLR and Francis Karioki Muruatetu & another v Republic & 5 others, Supreme Court Petition No. 15 & 16 of 2015 (consolidated); [2016] eKLR in that the applicant does not intend make submissions before the Court that are not already presented by the rest of the parties. |
DATED and DELIVERED at NAIROBI this 14th Day of November, 2017.
…..………..…………………. ….……………………..............………
D. K. MARAGA P. M. MWILU
CHIEF JUSTICE & PRESIDENT DEPUTY CHIEF JUSTICE &
OF THE SUPREME COURT VICE-PRESIDENT OF THE SUPREME COURT
……………………………… ..............……………………........…..…
J.B. OJWANG S. C. WANJALA
JUSTICE OF THE SUPREME COURT JUSTICE OF THE SUPREME COURT
……………………………. ………….………………………….......
S. N. NDUNGU I. LENAOLA
JUSTICE OF THE SUPREME COURT JUSTICE OF THE SUPREME COURT
I certify that this is a true copy
of the original
REGISTRAR
SUPREME COURT OF KENYA