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Supreme Court to rule on AG, LSK enjoinment in petition

Monday, March 25, 2013 - 00:00 -- BY EUGENE OKUMU
Supreme Court Judges:  (From left) Lady Justice Njoki Ndungu, Justice Philip Kiptoo Tunoi, Justice (Dr) Willy Munywoki Mutunga, Justice (Dr) Smokin Wanjala, Justice (Prof) J B Ojwang and Justice Mohamed Khadhar Ibrahim.
Supreme Court Judges: (From left) Lady Justice Njoki Ndungu, Justice Philip Kiptoo Tunoi, Justice (Dr) Willy Munywoki Mutunga, Justice (Dr) Smokin Wanjala, Justice (Prof) J B Ojwang and Justice Mohamed Khadhar Ibrahim.

The Supreme Court is set to rule on whether to allow the applications of the Attorney General Githu Muigai and the Law Society of Kenya to be enjoined in the Cord petition, challenging the election of Uhuru Kenyatta,  as Amicus Curiae, Friends of the Court.

In the status conference hearing convened this morning at the Supreme Court chambers, the judges heard from Cord and Africog, who are petitioners in the case, raise their objections to allowing the AG and the LSK to be enjoined in the petition.

The AG and the Law Society of Kenya had applied to be enjoined on grounds of clarifying matters of law that would be challenging to either parties, whether the petitioners, the respondents, or the judges.

The AG argued that he would be appearing as a non-partisan contributor to the proceedings, and would only be limited to the contentious constitutional issues. He also added that his contribution would however be made at the discretion of the bench.

Senior counsel George Oraro who is representing Raila Odinga in the petition however contradicted the AG's submission saying that in instances where the Amicus Curiae has been invoked, it has been at the request of the court.

"The AG was not invited, but rather he applied to be enjoined," said Oraro who further added that Muigai had misinterpreted the circumstances under which his contributions may be welcome.

Oraro added that in order for Muigai’s application to be considered he would have to submit the nature of his research and whatever legal difficulties that the court was facing.

All the respondents, Isaack Hassan, the Independent Electoral and Boundaries Commission (IEBC) and the Jubilee duo of Uhuru Kenyatta and William Ruto, through their lawyers raised no objection on the enjoinment of Mugai to the case.

All the petitioners and respondents however objected to the LSK joining the case citing that the body had stated that it was conducting an audit of the elections which essentially meant it would be joining the case with a bias beforehand. The court will rule on whether the AG and the LSK can join the petition. The session will resume this afternoon at 3pm.