Presidential Election Petition E005 of 2022

Case Metadata
Case Number:	Presidential Election Petition E005 of 2022
Parties:	Odinga & another v Independent Electoral and Boundaries Commission & 7 others; Walubengo & 2 others (Amicus Curiae)
Date Delivered:	29 Aug 2022
Case Class:
Court:	Supreme Court of Kenya
Case Action:	Ruling
Judge(s):	Martha Karambu Koome, Isaac Lenaola, Mohammed Khadhar Ibrahim, William Ouko, Philomena Mbete Mwilu, Smokin Charles Wanjala, Njoki Susanna Ndungu
Citation:	Odinga & another v Independent Electoral and Boundaries Commission & 7 others; Walubengo & 2 others (Amicus Curiae) (Presidential Election Petition E005 of 2022) [2022] KESC 44 (KLR) (29 August 2022) (Ruling)
County:	Nairobi
Case Summary:	Amicus curiae admitted in the Presidential Election Petition 2022. Brief facts John Walubengo, Dr. Joseph Sevilla and Martin Mirero, sought leave to be joined as amici curiae in the Presidential Election Petition No. E005 of 2022. Issues Whether the applicants met the standard set in Trusted Society of Human Rights Alliance v Mumo Matemo & 5 others [2015] eKLR and Francis Muruatetu & another v Republic & 5 others [2016] eKLR to be admitted as amici curiae. Held The contents of the said amici brief satisfied the test established by the instant court in Trusted Society of Human Rights Alliance v Mumo Matemo & 5 others [2015] eKLR and Francis Muruatetu & another v Republic & 5 others [2016] eKLR for admission of amici curiae; and the requirements of rule 17 A (1) and (2) of the Supreme Court (Presidential Election Petition) Rules, 2017 and rule 19 of the Supreme Court Rules, 2020.
Extract:	Cases Francis Muruatetu & another v Republic and 5 Others (SC Petition No. 15 & 16 of 2015 (Consolidated), [2016] eKLR) — Followed Trusted Society of Human Rights Alliance v Mumo Matemo & 5 others (SC Petition No 12 of 2013; [2015] eKLR) — Explained Statutes Constitution of Kenya, 2010 — Article 10, 22, 28, 38, 140, 159, 163 — Interpreted Supreme Court Act (No 7 of 2011) — Section 3A, 12 — Interpreted Supreme Court (Presidential Election Petition) Rules, 2017 (No 7 of 2011 Sub leg) — Rule 17A — Interpreted Supreme Court Rules, 2020 — Rule 19 — Interpreted Advocates None mentioned
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

Odinga & another v Independent Electoral and Boundaries Commission & 7 others; Walubengo & 2 others (Amicus Curiae) (Presidential Election Petition E005 of 2022) [2022] KESC 44 (KLR) (29 August 2022) (Ruling)

Neutral citation: [2022] KESC 44 (KLR)

Republic of Kenya

In the Supreme Court of Kenya

Presidential Election Petition E005 of 2022

MK Koome, CJ & P, PM Mwilu, DCJ & V-P, MK Ibrahim, SC Wanjala, NS Ndungu, I Lenaola & W Ouko, SCJJ

August 29, 2022

Between

Raila Amolo Odinga

1^st Petitioner

Martha Wangari Karua

2^nd Petitioner

and

Independent Electoral and Boundaries Commission

1^st Respondent

Wanyonyi Wafula Chebukati

2^nd Respondent

Boya Molu

3^rd Respondent

Prof Abdi Yakub Guliye

4^th Respondent

Juliana Whonge Cherera

5^th Respondent

Justus Nyang'aya

6^th Respondent

Irene Massit

7^th Respondent

William Samoei Ruto

8^th Respondent

and

John Walubengo

Amicus Curiae

Martin Mirero

Amicus Curiae

Dr Joseph Sevilla

Amicus Curiae

(Being an Application by John Walubengo, Dr. Joseph Sevilla and Martin Mirero for Leave to be admitted as Amici Curiae pursuant to Rule 17A (1) and(2)of the Supreme Court (Presidential Election Petition) Rules, 2017 and Rule 19 of the Supreme Court Rules, 2020)

Amicus curiae admitted in the Presidential Election Petition 2022.

Applicants have to meet the standard set in Trusted Society of Human Rights Alliance v Mumo Matemo & 5 others [2015] eKLR and Francis Muruatetu & another v Republic & 5 others [2016] eKLR to be admitted as amici curiae in a presidential election petition.

Reported by John Ribia

Civil Practice and Procedure – parties to a suit – joinder application – application to be enjoined as amicus curiae - circumstances when a party can be admitted as amicus – what principles should a court consider in an application to be enjoined as an amicus curiae – Supreme Court (Presidential Election Petition) Rules 2017, rule 17A(1) and (2); Supreme Court Rules, 2020 rule 19(1)

Brief facts John Walubengo, Dr. Joseph Sevilla and Martin Mirero, sought leave to be joined as amici curiae in the Presidential Election Petition No. E005 of 2022.

Issues Whether the applicants met the standard set in Trusted Society of Human Rights Alliance v Mumo Matemo & 5 others [2015] eKLR and Francis Muruatetu & another v Republic & 5 others [2016] eKLR to be admitted as amici curiae.

Held

The contents of the said amici brief satisfied the test established by the instant court in Trusted Society of Human Rights Alliance v Mumo Matemo & 5 others [2015] eKLR and Francis Muruatetu & another v Republic & 5 others [2016] eKLR for admission of amici curiae; and the requirements of rule 17 A (1) and (2) of the Supreme Court (Presidential Election Petition) Rules, 2017 and rule 19 of the Supreme Court Rules, 2020.

Application allowed.

Orders Applicants admitted as amici curiae. The amici will not make oral submissions and shall rely solely on their written Brief.

Citations Cases

Francis Muruatetu & another v Republic and 5 Others (SC Petition No. 15 & 16 of 2015 (Consolidated), [2016] eKLR) — Followed
Trusted Society of Human Rights Alliance v Mumo Matemo & 5 others (SC Petition No 12 of 2013; [2015] eKLR) — Explained

Statutes

Constitution of Kenya, 2010 — Article 10, 22, 28, 38, 140, 159, 163 — Interpreted
Supreme Court Act (No 7 of 2011) — Section 3A, 12 — Interpreted
Supreme Court (Presidential Election Petition) Rules, 2017 (No 7 of 2011 Sub leg) — Rule 17A — Interpreted
Supreme Court Rules, 2020 — Rule 19 — Interpreted

AdvocatesNone mentioned

Ruling

1.This application is dated the August 28, 2022 and filed on even date by John Walubengo, Dr Joseph Sevilla and Martin Mirero, seeking leave to be joined as amici curiae in the Presidential Election Petition No E005 of 2022. It is supported by the affidavit of John Walubengo, sworn on the August 28, 2022 and filed on the August 28, 2022. It is brought pursuant to articles 10, 22, 38, 140, 159 and 163 of the Constitution; sections 3A and 12 of the Supreme Court Act, 2011; and rule 17A of the Supreme Court (Presidential Election Petition) Rules, 2017. The applicants have annexed an Amici Brief to their application for the court’s consideration.

2.We have considered the application, affidavit in support thereof, and the amici Brief thereto. On the basis of the contents of the said Brief, we are satisfied that the application satisfies the test established by this court in Trusted Society of Human Rights Alliance v Mumo Matemo & 5 others, SC Petition No 12 of 2013; [2015] eKLR and Francis Muruatetu & another v Republic and 5 others, SC Petition No 15 & 16 of 2015 (Consolidated): [2016] eKLR for admission of Amici Curiae; and the requirements of rule 17 A (1) and (2) of the Supreme Court (Presidential Election Petition) Rules, 2017 and rule 19 of the Supreme Court Rules, 2020.

3.Consequently, the applicants are hereby admitted as amici curiae in Petition No E005 of 2022. The amici will not make oral submissions and shall rely solely on their written Brief.

DATED AND DELIVERED AT NAIROBI THIS 29TH DAY OF AUGUST, 2022.M. K. KOOME ........................................CHIEF JUSTICE & PRESIDENT OF THE SUPREME COURTP. M. MWILU........................................DEPUTY CHIEF JUSTICE & VICE-PRESIDENT OF THE SUPREME COURTM. K. IBRAHIM ........................................JUSTICE OF THE SUPREME COURT S. C. WANJALA........................................JUSTICE OF THE SUPREME COURTNJOKI NDUNGU........................................JUSTICE OF THE SUPREME COURTI. LENAOLA........................................JUSTICE OF THE SUPREME COURT W. OUKO........................................JUSTICE OF THE SUPREME COURTI certify that this is a true copy of the originalREGISTRAR,SUPREME COURT OF KENYA

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