By Wahome Thuku
Nairobi, Kenya: The Attorney General has been allowed to join three petitions challenging the outcome of the March 4 presidential elections.
The court observed the AG is the custodian of legal instruments of executive and plays main role in operationalising the Constitution.
“These considerations have led the court to conclude it would be improper to exclude him. Admitting him would not be prejudicial to the interest of the parties,” said Judge Jackton Ojwang in the ruling.
The court, however, rejected a similar application by Law Society of Kenya (LSK) following claims that it had taken a partisan position.
“My appearance is not to be involved in the controversies but to guide the court on the legal questions. It’s the norm, not exception where serious controversial legal questions are raised, the court would like to hear the thinking and research of AG,” the AG had earlier submitted.
“The Government is not a party in petitions and does not desire to be. The AG cannot impose himself in the case. It’s with leave of the court. Even the latitude of the friendship is made at the discretion of the court,” he added.
Valid or invalid
But the application was opposed by lawyers George Oraro appearing for Prime Minister Raila Odinga and Kethi Kilonzo representing petitioners Gladwell Otieno and Zahid Rajan. They argued that the election petitions were not civil proceedings in nature hence not the kind of cases the AG should be enjoined in.
The other parties supported the application.
Ms Kilonzo said the ultimate question would be whether the declaration of winner is valid or invalid, adding that the petition rules only provide for petitioners and respondents.
Kilonzo said the Independent Electoral and Boundaries Commission was bound to be neutral in the proceedings and it should be the friend of the court.
