You've until midday to join poll cases against Uhuru Kenyatta

Monday November 13 2017

Njonjo Mue.

Mr Njonjo Mue at the Supreme Court of Kenya on November 6, 2017. He filed a petition against the October 26 presidential election, a few minutes to the deadline. Interested parties seeking to join the three election petitions pending at the Supreme Court have until midday on November 13, 2017 to file their applications. PHOTO | SAM KIPLAGAT | NATION MEDIA GROUP 

By SAM KIPLAGAT
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Parties seeking to join the three election petitions pending at the Supreme Court have until midday to file their applications.

So far, Thirdway Alliance leader Ekuru Aukot has filed his application stating that he has direct and legitimate interest in the petition, having participated in the repeat poll.

NOMINATIONS

Dr Aukot adds that the petition is principally on whether there ought to have been fresh nominations before holding the fresh elections.

A directive issued by Chief Justice David Maraga last Wednesday also stated that any party seeking to join the case as an amicus should file their application by 5pm on Monday.

The submissions of the amici will also be limited to five pages.

During the last petition against the august 8 poll, the court allowed the Attorney General and the Law Society of Kenya to join the case as amicus curiae (friend of the court).

The petitioners, the CJ added, should then file and serve their written submissions by 5pm on Monday. He said the submissions shall be limited to 30 pages.

POLL PETITIONS

The three petitions include one filed by Njonjo Mue together with Khelef Khalifa and another by former assistant Minister Harun Mwau.

Both cases are contesting the October 26 poll, arguing that the withdrawal of Nasa’s Raila Odinga from the election meant that it was void.

The petitions also accuse the Independent Electoral and Boundaries Commission (IEBC) for failing to subject the candidates to fresh nominations after the August 8 poll was invalidated.

But in response, President Uhuru Kenyatta and IEBC state that there was no need of fresh nominations because the court only invalidated the declaration of the results and not the nominations, which were conducted in March.

NASA

A third case filed by the Institute for Democratic Governance seeks to find National Super Alliance (Nasa) leaders Raila Odinga, Kalonzo Musyoka, Musalia Mudavadi as well Senators James Orengo and Moses Wetang’ula liable for damages and loss ahead of the poll.

The organisation, through lawyer Kioko Kilukumi, accuses Nasa leaders of engaging in serious electoral malpractices and irregularities during the repeat poll. They accuse the Nasa leaders of violating the rights of the citizens and they want the court to find them unfit to hold public office under Chapter 6 and Article 137 of the constitution.

It is not clear whether the parties will meet today for interlocutory applications and framing of issues. The matter is usually handled by the Registrar of the Supreme Court.