NAIROBI, Kenya, Aug 30 – The Supreme Court has released guidelines on the legal minds allowed in the court during the hearing of the presidential petition for the petitioners and respondents.
Only four lawyers will be allowed to represent Raila Odinga and co-petitioner Martha Karua (petitioner), Independent Electoral and Boundaries Commission (respondents) and William Ruto, Rigathi Gachagua (respondents).
Senior Counsels James Orengo, Pheroze Nowrojee, Philip Murgor and Okong’o Omogeni will be the lead counsels in the Supreme Court petition filed by Odinga against President-Elect William Ruto.
Ruto’s legal team will be led by Senior Counsel Fred Ngatia, Kioko Kilukumi, and Prof. Kithure Kindiki.
The Wafula Chebukati led commission which contains seven commissioners who have individually filed submissions and affidavits will only be presented by one legal counsel during the hearing of the petition.
Supreme Court allowed the affidavits of four dissenting Independent Electoral and Boundaries Commission (IEBC) commissioners in the petition against President-Elect William Ruto’s victory.
The rest of the petitions challenging the validity of the presidential outcome and pushing for the nullification of the results will be presented by two lawyers each in the presidential petition.
The other petitioners are John Njoroge Kamau, four activists led by Khelef Khalif, Youth Advocacy Africa and Peter Kirika, David Kariuki Ngari, Busia Senator Okiya Omtatah and citizens Juliah Nyokabi Chege and two others.
Those enjoined in the case as friends of the court (amicus curiae) and interested parties will only be represented by one legal counsel in the presidential petition.
In the latest developments, the LSK will be admitted to the case as Amicus Curiae- friend of the court alongside the International Court of Justice (ICJ).
John Walubengo, Joseph Sevilla and Martin Mirero have also been allowed in the petition hearing as amicus curiae.
The Attorney General Paul Kihara has also been enjoined in the case despite application by president elect William Ruto to have him struck out.
Chief Registrar of Judiciary Anne Amadi noted that due to limited space and the Corona Virus restriction the battery of lawyers appointed by each team will not be allowed in court.
“You saw that the parties had large teams and the numbers will have to be restricted because the space cannot be able to accommodate them,” she said.
“We don’t have to have issues with crowd management during the hearing..Each team will have about four lawyers.”
The Chief Registrar of Judiciary said that all the seven judges will be present for the hearing and determination of the petitions.
This is unlike in 2017 where a 6 judge bench heard and determined the petition after Justice Ibrahim Mohamed opted out due to health challenges.
“This time round we expected all the seven judges to participate and be present for the petition,” Amadi said.
Already, a High-Level Panel of Eminent African Jurists has arrived in Kenya to observe the proceedings of the presidential election petition at the Supreme Court.
The Jurists are Members of the Africa Judges and Jurists Forum (AJJF).
The 2022 Trial Observation Mission is headed by the Rtd Chief Justice of Tanzania Mohammed Chande Othman.
Other delegation members include Lady Justice Lillian Tibatemwa-Ekirikubinza of the Supreme Court of Uganda, Lady Justice Ivy Kamanga from Supreme Court of Appeal of Malawi, Justice Moses Chinhengo from Court of Appeal, Lesotho, and Justice Henry Boissie Mbha, President Electoral Court of South Africa.
The eminent jurists will attend all Supreme Court hearings, monitor and document the presidential election petition based on International human rights standards of fair trial standards, analyse the role and independence of the Judiciary in examining the electoral disputes and review the socio-political climate in the run-up to the Petition.
At the end of the trial observation, the observers will develop a comprehensive report aiming at contributing to a more professional, independent, impartial, and accountable Judiciary, a more independent legal profession, and better adherence to the rule of law and international legal standards concerning the resolution of electoral disputes.
The Observation Mission will include bilateral meetings before the hearings with the Parties to the Petition, including the Independent Electoral and Boundaries Commission (IEBC), the Office of the Director of Public Prosecution (ODPP), and the Attorney General.
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