Presidential Election Petition 4 of 2017

Case Metadata
Case Number:	Presidential Election Petition 4 of 2017
Parties:	Mue & another v Chairperson Independent Electoral and Boundaries Commission & 2 others; Maina (Applicant)
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, Mohammed Khadhar Ibrahim, Philomena Mbete Mwilu, Smokin Charles Wanjala, Njoki Susanna Ndungu
Citation:	Mue & another v Chairperson Independent Electoral and Boundaries Commission & 2 others; Maina (Applicant) (Presidential Election Petition 4 of 2017) [2017] KESC 6 (KLR) (Election Petitions) (14 November 2017) (Ruling)
Court Division:	Election Petitions
County:	Nairobi
Case Summary:	Considerations for one to be enjoined as an Interested Party in a Presidential Election Petition 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 Whether the Applicant had qualified to be enjoined as an interested party. Whether the Applicant had an identifiable stake in the petition and would be prejudiced if he was not enjoined as an interested party Held The Applicant had neither demonstrated that he had an identifiable stake in the petition nor had he demonstrated that he would be prejudiced if he was not enjoined as a party taking into account the issues he raised had already been addressed by the parties. The Applicant had not qualified to be joined as an interested party. The Applicant had not intended to make submissions before the Court that were not already presented by the rest of the parties.
Extract:	Cases Francis Karioko Muruatetu & Wilson Thirimbu Mwangi v Republic,Katiba Institute, Death Penalty Project, Kenya National Commission on Human Rights, International Commission of Jurists-Kenya Chapter, Legal Resources Foundation & Attorney General (Petition 15 & 16 of 2015; [2017] KESC 2 (KLR)) — Applied Mumo Matemu v Trusted Society of Human Rights Alliance, Attorney-General, Minister for Justice and Constitutional Affairs, Director of Public Prosecutions, Kenya Section of International Commission of Jurists & Kenya Human Rights Commission (Civil Application 29 of 2014; [2014] KESC 6 (KLR)) — Applied Statutes Constitution of Kenya, 2010 — Cited Supreme Court (Presidential Election Petition) Rules 2017 (No 7 of 20111) — Rule 4 (2) — Interpreted Supreme Court Rules — Rule 25 — Interpreted Advocates None mentioned
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

Case Metadata

Case Number:

Parties:

Mue & another v Chairperson Independent Electoral and Boundaries Commission & 2 others; Maina (Applicant)

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, Mohammed Khadhar Ibrahim, Philomena Mbete Mwilu, Smokin Charles Wanjala, Njoki Susanna Ndungu

Citation:

Mue & another v Chairperson Independent Electoral and Boundaries Commission & 2 others; Maina (Applicant) (Presidential Election Petition 4 of 2017) [2017] KESC 6 (KLR) (Election Petitions) (14 November 2017) (Ruling)

Court Division:

Election Petitions

County:

Nairobi

Case Summary:

Considerations for one to be enjoined as an Interested Party in a Presidential Election Petition

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

Whether the Applicant had qualified to be enjoined as an interested party.
Whether the Applicant had an identifiable stake in the petition and would be prejudiced if he was not enjoined as an interested party

Held

The Applicant had neither demonstrated that he had an identifiable stake in the petition nor had he demonstrated that he would be prejudiced if he was not enjoined as a party taking into account the issues he raised had already been addressed by the parties.
The Applicant had not qualified to be joined as an interested party. The Applicant had not intended to make submissions before the Court that were not already presented by the rest of the parties.

Extract:

Cases

Francis Karioko Muruatetu & Wilson Thirimbu Mwangi v Republic,Katiba Institute, Death Penalty Project, Kenya National Commission on Human Rights, International Commission of Jurists-Kenya Chapter, Legal Resources Foundation & Attorney General (Petition 15 & 16 of 2015; [2017] KESC 2 (KLR)) — Applied
Mumo Matemu v Trusted Society of Human Rights Alliance, Attorney-General, Minister for Justice and Constitutional Affairs, Director of Public Prosecutions, Kenya Section of International Commission of Jurists & Kenya Human Rights Commission (Civil Application 29 of 2014; [2014] KESC 6 (KLR)) — Applied

Statutes

Constitution of Kenya, 2010 — Cited
Supreme Court (Presidential Election Petition) Rules 2017 (No 7 of 20111) — Rule 4 (2) — Interpreted
Supreme Court Rules — Rule 25 — Interpreted

Advocates

None mentioned

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

Njonjo Mue & another v Chairperson Independent Electoral and Boundaries Commission & 3 others [2017] eKLR

Neutral citation: [2017] KESC 6 (KLR)

Republic of Kenya

In the Supreme Court of Kenya

Election Petitions

Presidential Election Petition 4 of 2017

DK Maraga, CJ & P, PM Mwilu, DCJ & V-P, MK Ibrahim, JB Ojwang, SC Wanjala, NS Ndungu & I Lenaola, SCJJ

November 14, 2017

Between

Njonjo Mue

1^st Petitioner

Khelef Khalifa

2^nd Petitioner

and

Chairperson Independent Electoral and Boundaries Commission

1^st Respondent

Independent Electoral and Boundaries Commission

2^nd Respondent

Uhuru Muigai Kenyatta

3^rd Respondent

and

Edward Kings Onyancha Maina

Applicant

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 November 11, 2017 and filed on November 13, 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 November 11, 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 October 26, 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.

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 MARAGACHIEF JUSTICE & PRESIDENT OF THE SUPREME COURT……………………………………………………P M MWILUDEPUTY CHIEF JUSTICE & VICE-PRESIDENT OF THE SUPREME COURT……………………………………………………J B OJWANGJUSTICE OF THE SUPREME COURT……………………………………………………S C WANJALAJUSTICE OF THE SUPREME COURT…………………………………………………………………S N NDUNGUJUSTICE OF THE SUPREME COURT…………………………………………………………………I LENAOLAJUSTICE OF THE SUPREME COURTI certify that this is a true copy of the originalREGISTRARSUPREME COURT OF KENYA

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