Presidential Election Petition E003 of 2022

Case Metadata
Case Number:	Presidential Election Petition E003 of 2022
Parties:	Khelef Khalifa & 3 others v Independent Electoral and Boundaries Commission & 3 others
Date Delivered:	30 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:	Khelef Khalifa & 3 others v Independent Electoral and Boundaries Commission & 3 others (Presidential Election Petition E003 of 2022) [2022] KESC 49 (KLR) (Election Petitions) (30 August 2022) (Ruling)
Court Division:	Election Petitions
County:	Nairobi
Case Summary:	Attorney General was not wrongfully enjoined as a party in the presidential election petition. Brief facts The 3^rd respondent filed the application in which he sought leave to strike out the name of the Attorney General in petition No. E003 of 2022 on grounds of misjoinder. Issues Whether the Office of the Attorney General was wrongfully enjoined as a party in the presidential election petition. Held The application was filed out of time. It was incompetent and an abuse of the court process. In any event, the court had determined the issue in the said application in its ruling delivered on the August 29, 2022 in Petition E002 of 2022.
Extract:	Statutes Supreme Court (Presidential Election Petition) Rules, 2017 (Act No. 7 of 2011) — Rule 17 — 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

Case Metadata

Case Number:

Parties:

Khelef Khalifa & 3 others v Independent Electoral and Boundaries Commission & 3 others

Date Delivered:

30 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:

Khelef Khalifa & 3 others v Independent Electoral and Boundaries Commission & 3 others (Presidential Election Petition E003 of 2022) [2022] KESC 49 (KLR) (Election Petitions) (30 August 2022) (Ruling)

Court Division:

Election Petitions

County:

Nairobi

Case Summary:

Attorney General was not wrongfully enjoined as a party in the presidential election petition.

Brief facts

The 3^rd respondent filed the application in which he sought leave to strike out the name of the Attorney General in petition No. E003 of 2022 on grounds of misjoinder.

Issues

Whether the Office of the Attorney General was wrongfully enjoined as a party in the presidential election petition.

Held

The application was filed out of time. It was incompetent and an abuse of the court process. In any event, the court had determined the issue in the said application in its ruling delivered on the August 29, 2022 in Petition E002 of 2022.

Extract:

Statutes

Supreme Court (Presidential Election Petition) Rules, 2017 (Act No. 7 of 2011) — Rule 17 — 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

Neutral citation: [2022] KESC 49 (KLR)

Republic of Kenya

In the Supreme Court of Kenya

Election Petitions

Presidential Election Petition E003 of 2022

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

August 30, 2022

Between

Khelef Khalifa

1^st Petitioner

Grace Kamau

2^nd Petitioner

Ruth Mumbi

3^rd Petitioner

Grace Kamau

4^th Petitioner

and

Independent Electoral and Boundaries Commission

1^st Respondent

Chairperson of the Independent Electoral and Boundaries Commission

2^nd Respondent

William Ruto

3^rd Respondent

Attorney General

4^th Respondent

(Being an application by the 3rd respondent to strike out the name of the Attorney General in Petition E003 of 2022.)

Attorney General was not wrongfully enjoined as a party in the presidential election petition.

Reported by John Ribia

Civil Practice and Procedure – parties to a suit – parties to a presidential election petition – Office of the Attorney General – whether the Office of the Attorney General was wrongfully named as a party in a presidential election petition – Supreme Court (Presidential Election Petition) Rules, 2017, rule 17.

Brief facts The 3^rd respondent filed the application in which he sought leave to strike out the name of the Attorney General in petition No. E003 of 2022 on grounds of misjoinder.

Issues Whether the Office of the Attorney General was wrongfully enjoined as a party in the presidential election petition.

Held

The application was filed out of time. It was incompetent and an abuse of the court process. In any event, the court had determined the issue in the said application in its ruling delivered on the August 29, 2022 in Petition E002 of 2022.

Application dismissed.

Citations Statutes

Supreme Court (Presidential Election Petition) Rules, 2017 (Act No. 7 of 2011) — Rule 17 — Interpreted

AdvocatesNone mentioned

Ruling

1.This application is dated the August 27, 2022 and filed on the August 29, 2022 by William Samoei Ruto, (the 3^rd respondent). He seeks leave to strike out the name of the Attorney General in Petition No E003 of 2022 on grounds of misjoinder. It is supported by the affidavit of William Samoei Ruto, sworn on the 27^th August, 2022 and filed on the August 29, 2022. It is brought pursuant to rule 17 of the Supreme Court (Presidential Election Petition) Rules, 2017.

2.We have considered the application, affidavit in support, as well as the petitioners’ replying affidavit and submissions in opposition thereto. We find that the application, which was filed on the August 29, 2022 at 4:45 pm was filed out of time, is therefore incompetent and an abuse of the court process. In any event, the court has determined the issue in the said application in its ruling delivered on the August 29, 2022 in Petition E002 of 2022.

3.Consequently, the application is hereby dismissed with no orders as to costs.

DATED AND DELIVERED AT NAIROBI THIS 30TH DAY OF AUGUST, 2022..................................M. K. KOOME CHIEF JUSTICE & PRESIDENT OF THE SUPREME COURT.................................P. M. MWILUDEPUTY CHIEF JUSTICE & VICE-PRESIDENT OF THE SUPREME COURT.................................M. K. IBRAHIM JUSTICE OF THE SUPREME COURT .................................S. C. WANJALAJUSTICE OF THE SUPREME COURT.................................NJOKI NDUNGUJUSTICE OF THE SUPREME COURT.................................I. LENAOLA JUSTICE OF THE SUPREME COURT.................................W. OUKOJUSTICE OF THE SUPREME COURTI certify that this is a true copy of the originalREGISTRAR,SUPREME COURT OF KENYA

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