Four seek to join presidential poll petitions as ‘friends of court’

The Supreme Court is expected to make its first sitting today (Monday) after receiving several applications seeking to join the petition filed by Azimio leader Raila Odinga contesting William Ruto’s election.

Those requesting the court to be allowed to participate in the proceedings are Attorney General Kihara Kariuki, the Law Society of Kenya (LSK), Agano presidential candidate David Mwaure and Roots Party flagbearer George Wajackoyah.

In a notice filed in court, Kihara says he will not be opposing the eight petitions seeking to invalidate Ruto’s win, but will be opposing the petition filed by former Gatundu South MP Moses Kuria seeking to strike out Raila’s petition.

The AG has also sought to be enjoined as a friend of the court so as to submit to the seven judges — led by Chief Justice Martha Koome — the points of law that could assist in reaching a just decision.

Unlike in 2013 and 2017 when his predecessor Githu Muigai opposed all the petitions contesting President Uhuru Kenyatta’s re-election, the AG is supporting all the petitions challenging Ruto’s win.

On its side, LSK wants to be admitted in the proceedings as friends of the court so as to assist the court, the government and the public on matters relating to the law.

“We have raised three issues we believe will assist the court in determination of these serious issues raised in the petitions,” said LSK.

The issues include a determination of the standard of proof in the dispute, the concise meaning of all votes cast and the quorum of the IEBC in managing, verifying, tallying and declaration of the presidential election results.

“The LSK’s joinder in the petition will enrich the discourse through its amicus brief while adhering to the guiding principles cited in the case of Mumo Matemu and Muruatetu…” reads the papers that LSK filed through Kililo and Kililo Advocates.

Meanwhile, Mwaure wants to be enjoined as an interested party to testify against the petition filed by Raila. Mwaure conceded defeat before the presidential election results were declared and supported President-Elect William Ruto.

In an affidavit submitted at the court, he opposes claims by four dissenting IEBC commissioners that they were excluded from the tallying and verification of ballots.

The four commissioners are Juliana Cherera, Francis Wanderi, Irene Masit and Justus Nyangaya.

Wajackoyah wants to be enjoined as an interested party to the petition filed by Raila. In his court papers, he supports the petition by Azimio and seeks nullification of the presidential election.

Eight petitions have been filed at the Supreme Court, with the seven-judge bench set to hear the cases starting today and determine the case by September 5.

 In their affidavits, they say IEBC chairman Wafula Chebukati ran a one-man show.

But Mwaure says that while at the National Tallying Centre, all the commissioners took part in verification of forms 34As.

“As I sat at the Bomas of Kenya, I noticed all the commissioners of IEBC who would, upon receipt of the original 34A counter-check whether the same were in tandem with form 34A already sent electronically and upon verifying, they would then publicly declare the results,” Mwaure stated.

He further pointed out that all those present at the Bomas of Kenya including local and International observers, agreed that the final tallying and verification process was being conducted in a transparent manner.

“Indeed, it is upon realizing that Agano party had genuinely lost the election and that the Kenya Kwanza had genuinely won the presidential election that Agano party publicly conceded,” he said.

Mwaure goes on to ask the Supreme Court should dismiss Raila’s petition pointing out it is full of allegations which do not warrant a repeat of the presidential polls.

Wajackoyah also wants to be enjoined as an interested party to the petition filed by Odinga.

In his court papers teh presidential candidate supports the petition by Azimio and also seeks a nullification of the presidential poll.

“l will suffer prejudice if not joined as a party in these proceedings. Wajakoyah says in the application.

Eight petitions have been filed at the Supreme Court with the seven-judge- bench set to hear the cases starting today and determine the case by September 5.

The lobby group adds that it has been involved in constitutional and legal reforms and is therefore familiar with Kenya’s electoral history — a factor relevant to the wholistic determination of the petition.

“The LSK stems from a position of neutrality and fidelity to the law and seeks to assist the court with the interpretation and application of relevant constitutional principles, Kenyan jurisprudence and comparative foreign law,” reads the paper in part.

But LSK clarifies that it has no connection to any party in the dispute lodged by Azimio leader Raila Odinga, running mate Martha Karua, and seven others.