President-elect William Ruto has suffered a major setback after the supreme court declined his last-minute bid to have all the electoral commission’s commissioners barred from participating in the petitions challenging his win.
The seven judges of the Supreme Court led by Chief Justice Martha Koome threw out the application by Ruto seeking to have the six commissioners attached to the Independent Electoral and Boundaries Commission (IEBC) as respondents in the petition filed by Azimio la Umoja – One Kenya coalition party presidential contender, Raila Odinga.
Ruto wanted commissioners including Vice-Chair Juliana Cherera struck off as respondents.
The other commissioners who were named as respondents in the Raila petition include Abdi Guliye, Boya Molu, Justus Nyang’aya, Francis Wanderi and Irene Massit.
The Kenya Kwanza Alliance leader wanted only the commission and its chairman Wafula Chebukati to participate in the petition.
Ruto argued that the commissioners should not be named individually since the election was not conducted by individuals.
Ruto wanted the four commissioners, who disowned the results as announced by the IEBC chair removed, from participating in the proceedings on grounds that they are proxies of Odinga and their participation is aimed to advance his case.
Court declines Ruto’s request to have AG removed from presidential petition
The judges also declined Ruto’s request to have Attorney General Kihara Kariuki barred from participating in the presidential election petition.
“Regarding the application to strike out the 13th respondent(Attorney General) from Petition E002, it is also not lost on us that the said respondent is the Attorney General of the Republic of Kenya. The holder of such an office has more capacity than any other litigant in this Country to fend off any attempts to join him in proceedings to which he ought not to be a party. As the Attorney General, he does not need the aid of the 9th respondent (Ruto) to accomplish such a routine task, ” ruled the seven judges of the Supreme Court.
Ruto sought to have the AG removed as a respondent in the presidential election petition saying he has no role in the matter unless the court allowed him to participate as the friend of the court.
He argues that the Supreme Court (Presidential Election) Rules, 2017 do not envisage the AG as a respondent in a Petition challenging the Presidential Election.
