LSK, ICJ and three scholars join as friends of the court

LSK President Eric Theuri. [Kelly Ayodi, Standard]

The Supreme Court has allowed the Law Society of Kenya to join the petitions challenging the presidential election as amicus curiae (friend of the court).

The seven judges also allowed the International Commission of Jurists (ICJ) Kenya to participate in the proceedings.

They ruled that the two organisations have expertise that will help the court to reach a just finding in the dispute over declaration of Deputy President William Ruto as president-elect.

“We have considered the application by LSK and are satisfied that they have met the threshold for being admitted as amicus curiae. We are satisfied that they are a neutral party to the dispute and will only submit on matters relating to law on presidential election,” ruled the judges.

On the ICJ-Kenya application, the judges ruled that the organisation has not shown any bias towards any side and that they have relevant experience that will guide the court in making its decision.

The organisation had, in its application, stated that it will restrict its submissions to constitutional principles on election technology, criminal issues in election dispute, the role of the commission and its chairperson and what reliefs the court can issue in a presidential dispute.

Judges Martha Koome, Philomena Mwilu, Mohamed Ibrahim, Smokin Wanjala, Njoki Ndung'u, Isaac Lenaola and William Ouko further allowed the application of three law scholars – John Walubengo, Dr Joseph Sevilla and Martin Mirero – to be joined as amici curiae.

LSK had in its application argued that it has the expertise and materials that will help the apex court to reach a just decision on the disputed presidential election results.

“The society wants to be joined as neutral party because of the public interest involved in the dispute surrounding presidential election,” the society said.