The Supreme Court has thrown out a petition by former Gatundu South MP Moses Kuria seeking to block Raila Odinga’s presidential election petition.
Supreme Court orders Sh1M refund to Moses Kuria, here's why
Moses Kuria was seeking to block Raila Odinga’s presidential election petition.
The court held that it does not have jurisdiction to determine the petition as it is not challenging the declaration of Ruto as President-elect.
The court also ordered that Kuria be refunded his Sh1 million deposit which was paid while filing his petition.
Together with former Mbeere South MP Geoffrey King'ang'i, the head of the Chama Cha Kazi party, petitioned the Supreme Court to dismiss Odinga's petition because he engaged in electoral malpractices and chaos at Bomas of Kenya.
Ruto, through his lawyers, argued that IEBC chair Wafula Chebukati is the only person from the commission who should be allowed to represent the team in the case.
He claimed that some of the commissioners were acting as Azimio la Umoja One Kenya alliance’s proxies in the case and should be listed as petitioners instead of being clustered as respondents.
“In the true sense, Mr Molu, Prof Guliye, Ms Cherera, and Mr Nyang’aya are second tier petitioners so enjoined to enable the petitioners to have another set of petitioners albeit classified as respondents,” lawyer Kithure Kindiki told the court.
The court also rejected Ruto’s application to bar the Law Society of Kenya from participating in the election.
The Supreme Court also rejected an application by Agano Party leader David Mwaure to be enjoined in the case.
Ruto contended that the LSK cannot be neutral in the dispute since Martha Karua, the petitioner is a member of the party and a former leader.
The society had applied to be joined as an amicus curiae in the case, asserting that it had the expertise to assist the Supreme Court in reaching a fair ruling.
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