By JV Owiti
SUPREME COURT RULING ON VARIOUS APPLICATIONS
Application 1 – By Benjamin Barasa Wafula seeking joinder as an Interested Party
Application considered lacks merit and is accordingly dismissed
Application 2– By Michael Mwaura Maina to be joined as Amicus Curiae
Doesn’t meet criteria to join as amicus. Joined as interested party having been a vandudate. Application allowed. Applicant to file submissons limited to 5 pages by tomorrow 8.00 a
Application 3 – By Ekuru Aukot to be joined as Interested Party.
Applicaton allowed as the applicant has identifiable stake having been a candidate in the contested elections. The applicant to file a report and submissions by 8.00 am tomorrow and serve parties. Submissions deemed as properly filed and to be served!
Applicaton No. 4 – By 3rd Respondent to Strike out Documents and Annextures by the Petitioner
Application is solely based on the ground that documents were filed out of time contrary to rules 10 and 12. Documents are in support and in relation to the petition. Documents had already been referred to in documents filed within time. Applicant has not claimed or demonstrated that the documents shall change the character of the Petition. Documents shall not prejudice the Respondents and does not limit the court’s time. Although the documents were not filed in accordance of the rules, the court has, in the interest of justice, retained them (the documents) vide the court’s inherent jurisdiction. The documents to be filed and served by 9.00 am in the morning.
Applications No. 6 and 7 – By Petitioner to expunge documents by the Respondents
Documents were filed within time. Dismissed. Costs to abide in the course.
Application No. 8 – By Aluoch seeking joinder as Interested Party.
Application dismissed as no prejudice would be caused on the Applicant if the orders paryed for are denied.
Application No. 9 – by Counsel Charles Kanjama to be joined as Amicus Curiae
The jurisprudence as regards admission as amicus is settled. The court is unconvinced that the applicant has expertise in technology. Application is dismissed!
Application No. 10 – By ICTA to be joined as Amicus Curiae
Applicant does not meet criteria for admission as amicus. Application dismissed!
Application No. 11 – By LSK to be joined as Amicus Curiae
Nothing can be of greatest public interest than the issue of exercise of their right to vote. Applicant has made a case. Application allowed. LSK joined as amicus curiae.
Application No. 12 – By AG Githu Muigai to be joined as Amicus Curiae
Application allowed but limited to one issue, that of the effect of the jurisprudence initiated in Maina Kiae and 3 Others.
