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 & 8 others; Law Society of Kenya (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 & 8 others; Law Society of Kenya (Amicus Curiae) (Presidential Election Petition E005 of 2022) [2022] KESC 50 (KLR) (Election Petitions) (29 August 2022) (Ruling)
Court Division:	Election Petitions
County:	Nairobi
Case Summary:	The Law Society of Kenya joined as amicus curiae in the Presidential Election Petition Brief facts The instant application was filed by the Law Society of Kenya, seeking leave to be joined as amicus curiae in the Presidential Election Petition No. E005 of 2022. The application was brought 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. Issues What were the requirements to be met for a party to join a suit as an amicus curiae in a presidential election petition? Held On the basis of the contents of the amicus brief, the application satisfied the test established by the 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.
Extract:	Statutes None referred to 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 & 8 others; Law Society of Kenya (Amicus Curiae) (Presidential Election Petition E005 of 2022) [2022] KESC 50 (KLR) (Election Petitions) (29 August 2022) (Ruling)

Neutral citation: [2022] KESC 50 (KLR)

Republic of Kenya

In the Supreme Court of Kenya

Election Petitions

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

(Being an Application by the Law Society of Kenya for Leave to be admitted as Amicus 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)

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

Law Society of Kenya

Amicus Curiae

and

Law Society of Kenya

Amicus Curiae

The Law Society of Kenya joined as amicus curiae in the Presidential Election Petition

The Law Society of Kenya (LSK) in the instant application sought to be joined as an amicus curiae. The court allowed the application and held that LSK would not make oral submissions but rely solely on its written brief.

Reported by Kakai Toili

Civil Practice and Procedure – suits - parties to a suit - amicus curiae - requirements to be met for a party to join a suit as an amicus curiae 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 instant application was filed by the Law Society of Kenya, seeking leave to be joined as amicus curiae in the Presidential Election Petition No. E005 of 2022. The application was brought 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.

Issues What were the requirements to be met for a party to join a suit as an amicus curiae in a presidential election petition?

Held

On the basis of the contents of the amicus brief, the application satisfied the test established by the 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.

The applicant was admitted as an amicus curiae in Petition No. E005 of 2022; the amicus would not make oral submissions and would rely solely on its written brief.

Citations StatutesNone referred toAdvocatesNone mentioned

Ruling

1.This application is dated the August 27, 2022 and filed on the August 28, 2022 by the Law Society of Kenya, seeking leave to be joined as amicus curiae in the Presidential Election Petition No E005 of 2022. It is supported by the affidavit of Florence Wairimu Muturi, sworn on the August 27, 2022 and filed on the August 28, 2022. It is brought 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). The applicant has annexed an amicus Brief to its application for the court’s consideration.

2.We have considered the application, affidavit in support thereof, and the amicus 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 & 5 others, SC Petition No 15 &16 of 2015 (Consolidated): [2016] eKLR for admission of amici curiae; and the requirements of rule 17A(1) and (2) of the Supreme Court (Presidential Election Petition) Rules, 2017 and rule 19 of the Supreme Court Rules, 2020.

3.Consequently, the applicant is hereby admitted as an amicus curiae in Petition No E005 of 2022. The amicus will not make oral submissions and shall rely solely on its written brief.

DATED AND DELIVERED AT NAIROBI THIS 29^TH DAY OF AUGUST, 2022.................................................. M. K. KOOMECHIEF JUSTICE & PRESIDENT OF THE SUPREME COURT.................................................M. MWILUDEPUTY CHIEF JUSTICE & VICE-PRESIDENT OF THE SUPREME COURT .......................................................................M. K. IBRAHIM JUSTICE OF THE SUPREME COURT.....................................................................S. C. WANJALA JUSTICE OF THE SUPREME COURT..................................................................... NJOKI NDUNGUJUSTICE OF THE SUPREME COURT......................................................................I. LENAOLA JUSTICE OF THE SUPREME COURT...................................................................... W. OUKO......................................................................JUSTICE OF THE SUPREME COURTI certify that this is a true copy of the original REGISTRAR, SUPREME COURT OF KENYA

Case Content:		Subject:
Case Number:		Parties:
Judge:		Court:
	Delivery Date Range:
From:		To:

Case Search

Presidential Election Petition E005 of 2022

Case Metadata

Advocates

Please enter advanced search options