Allowed and disallowed applications by the Supreme Court in Raila Odinga’s petition
Supreme Court has allowed and disallowed applications filed in Raila Odinga’s petition seeking to nullify presidential results.
President-elect William Ruto’s bid to prevent the Law Society of Kenya (LSK) from being enjoined in the 2022 election petition was one of three requests that the Supreme Court dismissed.
Additionally, the court dismissed the case brought by former Gatundu South MP Moses Kuria and former Mbeere South MP Geoffrey King’ang’I, who asked the top court to dismiss Mr. Odinga’s lawsuit on the grounds that he had engaged in electoral fraud.
According to the court, Kuria’s petition was not within the court’s jurisdiction because it neither sought to challenge William Ruto’s declaration as president-elect nor named Ruto as a party to the petition.
“Indeed, Hon. William Ruto, is not even named as a party to the petition and the remedies sought are alien to those contemplated in the Constitution and in law, whether the election of the President-elect is valid,” the ruling reads in part.
“In view of the foregoing, the petitioners are therefore entitled to a refund of Kshs. 1,000,000/- deposited as security for costs paid upon lodging of the petition,”
David Mwaure, the leader of the Agano party, also requested to be enjoined in the lawsuit, but the supreme court denied his request.
The request by Ruto’s camp to exclude certain Independent Electoral and Boundaries Commission (IEBC) commissioners from the petition was also denied.
Meanwhile, the Supreme Court allowed the application by John Walubengo, Dr. Joseph Sevilla, and Martin Mirero seeking leave to be joined in the petition as amici curiae.
Also allowed was the application to admit on record the replying affidavits of Juliana Cherera, Justus Nyangaya, Francis Wanderi, and Irene Masit.
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