1.Upon perusing the notice of motion dated August 26, 2022 and filed on August 27, 2022, pursuant to rule 2 and 17 of the Supreme Court (Presidential Petition) Rules 2017, seeking joinder of David Waihiga, the party leader of Agano Party as interested party; and
2.Upon reading the supporting affidavit of Mr David Waihiga Mwaure, the party leader of Agano Party sworn on August 26, 2022; and
3.Upon perusing the grounds adduced by the applicant in support of the orders to be enjoined as interested party that is, he was one of the four presidential candidates in the presidential election held on August 9, 2022 under the Agano Party Ticket; he actively participated in the said elections from the point of campaigns, casting of ballots, tallying and counting of ballot papers, up to the declaration at Bomas of Kenya; and the court needs to take his evidence into account to ensure that the final judgment of the court is based on available evidence; and
4.Noting that no party has filed a response to the application; and
6.Furthermore, none of the intended interested party’s averments demonstrate the prejudice he will suffer if he was not enjoined. It is also our finding, that the arguments he proposes to make can be adequately argued by other parties in the petition.
7.For the foregoing reasons, the final orders of the court are as follows:
Orders:a.The application dated August 26, 2022 and filed on August 27, 2022 seeking joinder of David Waihiga Mwaure as interested party to this petition is hereby dismissed.b.There shall be no orders as to costs.