Supreme Court allows NASA to audit IEBC election materials
SEE ALSO :Obado and Ruto throw jab at RailaThe judges allowed Attorney General Githu Muigai to join the application as amicus curiae (friend of the court) despite opposition from NASA. Prof Muigai had a limited role in helping the court make a determination of the dispute within the 20 minutes he was allocated. “We have noticed that many issues the AG wants to submit on have already been mentioned by the other parties in the case. We will allow him to participate but only limited to one issue of advising the court on the effect of the Court of Appeal decision on tallying of presidential results,” said Maraga. The Law Society of Kenya was also allowed in as an amicus curiae, with the judges noting that the dispute was of great public interest touching on the people’s sovereignty, which justifies LSK's participation. Prof Michael Wainaina, an independent presidential candidate, was allowed to join as an interested party. The court ruled that having participated in the election, any outcome of the case will affect him, which justifies his inclusion.
SEE ALSO :The Uhuru-Raila 'secret' visits to ChinaProf Wainaina, in his application, opposed NASA’s case and is siding with the Independent Electoral and Boundaries Commission to defend President Uhuru Kenyatta’s win. Thirdway Alliance candidate Ekuru Aukot was also allowed to join as an interested party. Dr Aukot, in his application, supported the NASA case, saying his party’s audit of the election results revealed irregularities which made the elections a fraud. “Prof Wainaina and Dr Aukot actively participated in the elections and have a stake in the outcome of this petition. They are justified to join the petition as interested parties,” ruled the judges. Several other parties who had applied to be allowed to join were, however, unlucky as their applications were declined. They included lawyer Charles Kanjama, whose application was rejected on grounds that he has no expertise to bring to the case.
SEE ALSO :Why 2022 hopefuls are eyeing WesternOthers whose applications were denied were the Information Technology and Communication Association of Kenya, Mr Isaac Aluochie, and Mr Benjamin Wafula. -Additional reporting by Paul Ogemba