The Supreme Court has thrown out a petition filed by former Gatundu South MP Moses Kuria, saying it lacks jurisdiction over the matter.
Kuria was seeking to have the petition by Azimio presidential candidate Raila Odinga challenging president-elect William Ruto’s victory dismissed over claims that he was behind the chaos witnessed at the Bomas of Kenya before the declaration of presidential results on August 15th.
The court further struck out an application by Ruto to have the Law Society of Kenya barred from appearing as Amicus Curiae (friend of the court) in the petition against his win.
During a pre-trial conference held on Tuesday, the apex court consolidated the seven presidential election petitions, with Odinga as the main petitioner and Ruto as the first respondent.
Odinga, Ruto and the IEBC were allowed to have a maximum of four lawyers each while the IEBC commissioners will have one each. Other petitioners will have two lawyers each.
The court declined to strike out an application seeking to bar the six IEBC Commissioners and Attorney General from participating in the suit.
Applications by Agano Party of Kenya presidential candidate Waihiga Mwaure, Milton Oriku, and Julius Orenge to be joined as interested parties were also dismissed.
The court also allowed an application to admit on record the replying affidavits of IEBC commissioners Juliana Cherera, Justus Nyang’aya, Francis Wanderi and Irene Masit.
The International Commission of Jurists Kenya was allowed to appear as Amicus Curiae but will only make written submissions.
