The Supreme Court has struck out a petition by former Gatundu South MP Moses Kuria seeking to bar Azimio la Umoja leaders from contesting the presidential election results.
Judges Martha Koome, Philomena Mwilu, Mohamed Ibrahim, Smokin Wanjala, Njoki Ndungu, Isaac Lenaola and William Ouko ruled that Kuria’s petition had no substance since it did not challenge the outcome of the presidential election.
“His petition as framed, and though filed in the manner of a presidential election petition, is not in fact seeking to challenge the declaration of William Ruto as the president-elect. Our jurisdiction is limited to hearing and determining disputes relating to the presidential election,” ruled the judges.
They added that the former MP had not even named Ruto as a party to the petition yet it his election being contested and that the remedies Kuria was seeking are alien to those contemplated in the Constitution and in law regarding whether the election of the president-elect is valid.
David Mwaure, the Agano Party candidate, suffered the same fate when the apex court dismissed his application to be joined in the case by Raila Odinga and Martha Karua challenging the presidential election.
The judges ruled that Waihiga’s application to be joined as interested party lacked merit since he had not demonstrated any prejudice he will suffer if locked out of the case.
“The court had previously made a determination that any person claiming to be an interested party shall not be allowed in a presidential election petition. The arguments he proposes to make can be adequately addressed by the other parties,” ruled the judges.
Meanwhile, Roots Party presidential candidate George Wajackoyah suffered a similar fate when his attempts to be joined to the petitions were rejected by the judges.
According to the judges, Wajackoya and Waihiga had a chance to file their own petitions challenging the presidential election if they were aggrieved by the results but failed to take advantage within the given timeline.
Milton Nyakundi and Julius Orenge, who wanted to be enjoined, were also dismissed on account that they had no interest that can help the court in determining the dispute.
In Kuria's application, the former MP argued that Raila, through his chief agent Saitabao ole Kanchory, caused chaos at the National Tallying Centre in Bomas of Kenya and should not have audience before the apex court.
Kuria stated that Raila’s agents attacked Independent Electoral and Boundaries Commission chairman Wafula Chebukati shortly before he announced Ruto as president-elect which makes him unsuitable to challenge the results.