Presidential Election Petition E005 of 2022

Case Metadata
Case Number:	Presidential Election Petition E005 of 2022
Parties:	Raila Odinga & another v Independent Electoral and Boundaries Commission & 9 others
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:	Raila Odinga & another v Independent Electoral and Boundaries Commission & 9 others (Presidential Election Petition E005 of 2022) [2022] KESC 45 (KLR) (29 August 2022) (Ruling)
County:	Nairobi
Case Summary:	A natural person can not be admitted as an interested party in the Presidential Election Petition. Brief facts The applicant sought to be enjoined as an interested party in the presidential election petition on grounds that that he had an inherent interest in the outcome of the petition as it raised fundamental issues which were integral to the protection of his rights as enshrined under articles 10, 38, 73,81, 86 and 140 of the Constitution; and that he had substantial issues to raise about the legitimacy of Forms 34A and Forms 34B which were central to petition. No party filed a response to the petition. Issues Whether a natural person could be admitted as an interested party in a presidential election petition. Relevant provisions of the law The Supreme Court (Presidential Election Petition) Rules 2017, Rule 17A(4) 17A. Third party applications (1) A person seeking to be admitted as a friend of the Court may apply for admission at the close of pleadings. (2) An application made under sub-rule (1) shall include a friend of the court brief setting out the person's expertise and reasons for requesting the admission. (3) The Court may deliver a ruling by way of electronic communication to the applicant. (4) An application by any person to join the petition as an interested party shall not be allowed. Held Rule 17A (4) of the Supreme Court (Presidential Election Petition) Rules, 2017 provided that an application by any person as an interested party could not be allowed in a presidential election petition.
Extract:	Statutes Constitution of Kenya, 2010 — Article 10,38,73,81,86,140 — Interpreted Supreme Court (Presidential Petition) Rules 2017 (Act No 7 of 2011) — Rule 17A(4) — 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

Raila Odinga & another v Independent Electoral and Boundaries Commission & 9 others (Presidential Election Petition E005 of 2022) [2022] KESC 45 (KLR) (29 August 2022) (Ruling)

Neutral citation: [2022] KESC 45 (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 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 Nyangaya

6^th Respondent

Francis Wanderi

7^th Respondent

Irene Massit

8^th Respondent

William Samoei Ruto

9^th Respondent

Milton Nyakundi Oriku

10^th Respondent

A natural person can not be admitted as an interested party in the Presidential Election Petition.

An application by any person to join the presidential election petition as an interested party shall not be allowed.

Reported by John Ribia

Civil Practice and Procedure – parties to a suit – joinder application – application to be enjoined as an interested party – category of persons that may be enjoined as an interested party - whether a natural person could be admitted as an interested party in a presidential election petition - Supreme Court Rules, 2020, rule 19; Supreme Court (Presidential Election Petition) Rules, 2017, rules 17A(1) and (2)

Brief facts The applicant sought to be enjoined as an interested party in the presidential election petition on grounds that that he had an inherent interest in the outcome of the petition as it raised fundamental issues which were integral to the protection of his rights as enshrined under articles 10, 38, 73,81, 86 and 140 of the Constitution; and that he had substantial issues to raise about the legitimacy of Forms 34A and Forms 34B which were central to petition. No party filed a response to the petition.

Issues Whether a natural person could be admitted as an interested party in a presidential election petition.

Relevant provisions of the Law The Supreme Court (Presidential Election Petition) Rules 2017, Rule 17A(4)17A. Third party applications(1) A person seeking to be admitted as a friend of the Court may apply for admission at the close of pleadings.(2) An application made under sub-rule (1) shall include a friend of the court brief setting out the person's expertise and reasons for requesting the admission.(3) The Court may deliver a ruling by way of electronic communication to the applicant.(4) An application by any person to join the petition as an interested party shall not be allowed.

Held

Rule 17A (4) of the Supreme Court (Presidential Election Petition) Rules, 2017 provided that an application by any person as an interested party could not be allowed in a presidential election petition.

Application dismissed.

Orders No order as to costs.

Citations Statutes

Constitution of Kenya, 2010 — Article 10,38,73,81,86,140 — Interpreted
Supreme Court (Presidential Petition) Rules 2017 (Act No 7 of 2011) — Rule 17A(4) — Interpreted

AdvocatesNone mentioned

Ruling

1.Upon perusing the notice of motion application by Milton Nyakundi Oriku, the applicant, dated August 23, 2022 and filed on August 28, 2022, seeking to be enjoined in these proceedings as an interested party; and

2.Upon reading the supporting affidavit sworn on August 23, 2022, of the said Milton Nyakundi Oriku, a Kenyan citizen, who is a registered voter and works as a journalist; and

3.Upon considering the said application together with his written submissions dated August 23, 2022 and filed on August 28, 2022, wherein the applicant argues that he has an inherent interest in the outcome of the petition as it raises fundamental issues which are integral to the protection of his rights as enshrined under articles 10, 38, 73,81, 86 and 140 of the Constitution; and that he has substantial issues to raise about the legitimacy of Forms 34A and Forms 34B which are central to Petition; and

4.Noting that no party has filed a response to the application; and

5.We note that the relevant law in this regard is rule 17A (4) of the Supreme Court (Presidential Petition) Rules 2017, which provides that an application by any person as an interested party shall not be allowed in a presidential election petition.

6.Havingcarefully considered the application, responses and submissions by the respective parties herein, we find no merit in the application. We accordingly, dismiss it.

Orders:a.The application dated August 23, 2022 and filed on August 28, 2022 seeking joinder of Milton Nyakundi Oriku as interested party to this petition is hereby dismissed.b.There shall be no orders as to costs.

7.It is so ordered.

DATED AND DELIVERED AT NAIROBI THIS 29^TH DAY OF AUGUST 2022............................M.K KOOMECHIEF JUSTICE & PRESIDENT OF THE SUPREME COURT.......................P.M MWILUDEPUTY CHIEF JUSTICE & DEPUTY PRESIDENT OF THE SUPREME COURT JUSTICE OF THE SUPREME COURT...........................M.K IBRAHIMJUSTICE OF THE SUPREME COURT............................C. WANJALAJUSTICE OF THE SUPREME.................................NJOKI NDUNGUJUSTICE OF THE SUPREME COURT.........................I. LENAOLAJUSTICE OF THE SUPREME COURT...................W. OUKOJUSTICE OF THE SUPREME COURTI certify that this is a true copy of the originalRegistrarSupreme Court of Kenya

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