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; Orenge (Interested Party)
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; Orenge (Interested Party) (Presidential Election Petition E005 of 2022) [2022] KESC 53 (KLR) (29 August 2022) (Ruling)
County:	Nairobi
Case Summary:	A natural person may 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 he intended to demonstrate electoral fraud arising from voters register on a sufficient scale. He contended that the voter fraud had the effect of a coup d’etat, protest or corruption of democracy. Issues Whether a natural person could be admitted as an interested party in the 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 shall not be allowed in a presidential election petition
Extract:	Statutes Supreme Court (Presidential Election Petition) Rules, 2017 — 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

Odinga & another v Independent Electoral and Boundaries Commission & 8 others; Orenge (Interested Party) (Presidential Election Petition E005 of 2022) [2022] KESC 53 (KLR) (29 August 2022) (Ruling)

Neutral citation: [2022] KESC 53 (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

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

and

Juliues Orenge

Interested Party

A natural person may 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 the 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 he intended to demonstrate electoral fraud arising from voters register on a sufficient scale. He contended that the voter fraud had the effect of a coup d’etat, protest or corruption of democracy.

Issues Whether a natural person could be admitted as an interested party in the 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 shall not be allowed in a presidential election petition

Application dismissed.

Orders No order as to costs.

Citations Statutes

Supreme Court (Presidential Election Petition) Rules, 2017 — Rule 17A(4) — Interpreted

AdvocatesNone mentioned

Ruling

1.Upon perusing the notice of motion application by the applicant, Julius Orenge, dated August 26, 2022 and filed on the even date, seeking to be enjoined in these proceedings as an interested party; and

2.Upon reading the supporting affidavit of Julius Orenge, a Kenyan citizen and a registered voter, sworn on August 26, 2022; and

3.Upon considering the grounds adduced by the applicant in support of the orders to be enjoined as an interested party, wherein he postulates that he shall demonstrate that in a National Election, successful electoral fraud arising from voters register on a sufficient scale can have the effect of a coup d’etat, protest or corruption of democracy; and

4.Considering that the relevant law in that regard to interested parties is rule 17A (4) of the Supreme Court (Presidential Election Petition) Rules, 2017, which provides that an application by any person as an interested party shall not be allowed in a presidential election Petition, we find as follows:

Orders:a.The application dated August 26, 2022 and filed on the same date seeking joinder of Julius Orenge as interested party to this petition is hereby dismissed.b.There shall be no orders as to costs.

5.It is so ordered.

DATED AND DELIVERED AT NAIROBI THIS 29TH DAY OF AUGUST 2022........................................M.K KOOMECHIEF JUSTICE & PRESIDENT OF THE SUPREME COURT.......................................P.M MWILU DEPUTY CHIEF JUSTICE & DEPUTY PRESIDENT OF THE SUPREME COURT .......................................M.K IBRAHIMJUSTICE OF THE SUPREME COURT.......................................C. WANJALA JUSTICE OF THE SUPREME COURT.......................................NJOKI NDUNGUJUSTICE OF THE SUPREME COURT.......................................I. LENAOLAJUSTICE OF THE SUPREME COURT.......................................W. OUKOJUSTICE OF THE SUPREME COURT I certify that this is a true copy of the originalREGISTRARSUPREME COURT OF KENYA

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