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)

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 & VP, MK Ibrahim, SC Wanjala, N Ndungu, I Lenaola & W Ouko, SCJJ August 29, 2022 Between Raila Odinga 1st Petitioner Martha Wangari Karua 2nd Petitioner and Independent Electoral and Boundaries Commission 1st Respondent Wanyonyi Wafula Chebukati 2nd Respondent Boya Molu 3rd Respondent Abdi Yakub Guliye 4th Respondent Juliana Whonge Cherera 5th Respondent Justus Nyangaya 6th Respondent Francis Wanderi 7th Respondent Irene Massit 8th Respondent William Samoei Ruto 9th Respondent and Juliues Orenge Interested Party No person may be admitted as an interested party in the presidential election petition. Reported by John Ribia **_Electoral Law_** _\- presidential election petition – parties – joinder application – application to be joined 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 person could be admitted as an interested party in a presidential election petition. Relevant provisions of the Law **Supreme Court (Presidential Election Petition) Rules 2017****Rule 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 1. 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 **Cases** None referred to**Statutes**** _Kenya_** Supreme Court (Presidential Election Petition) Rules, 2017 (cap 9B Sub Leg) rule 17A(4) - (Interpreted) 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](http://kenyalaw.org:8181/exist/kenyalex/sublegview.xql?subleg=No.%207%20of%202011), 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 KOOME****CHIEF JUSTICE & PRESIDENT OF THE SUPREME COURT****.......................................****P.M MWILU****DEPUTY CHIEF JUSTICE & DEPUTY PRESIDENT OF THE SUPREME COURT ****.......................................****M.K IBRAHIM****JUSTICE OF THE SUPREME COURT****.......................................****C. WANJALA****JUSTICE OF THE SUPREME COURT****.......................................****NJOKI NDUNGU****JUSTICE OF THE SUPREME COURT****.......................................****I. LENAOLA****JUSTICE OF THE SUPREME COURT****.......................................****W. OUKO****JUSTICE OF THE SUPREME COURT** _I certify that this is a true copy of the original_**REGISTRAR** _**SUPREME COURT OF KENYA**_