THE REPUBLIC OF KENYA
IN THE SUPREME COURT OF KENYA
(Coram: Maraga (CJ and President), Mwilu (DCJ and V-P), Ibrahim, Ojwang, Wanjala, Njoki and Lenaola, SCJJ)
PETITION NO.7 OF 2018
(APPLICATION FOR JOINDER AS INTERESTED PARTY)
BETWEEN
HON.MOHAMED ABDI MAHAMUD......................................................APPELLANT
AND
AHMED ABDULLAHI MOHAMMAD........................................1ST RESPONDENT
AHMED MUHUMED ABDI............................................................2ND RESPONDENT
GICHOHI GATUMA PATRICK....................................................3RD RESPONDENT
INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION......................................................4TH RESPONDENT
AND
AHMED ALI MUKTAR...............INTENDED INTERESTED PARTY/APPLICANT
RULING
(An application for joinder as an interested party under Rule 25 of the Supreme Court Rules)
1. UPON perusing the Application dated 7th June, 2018 and filed on 8th June, 2018 by Ahmed Ali Muktar, for joinder as an interested party in Petition No. 7 of 2018 and;
2. UPON reading: the Affidavit of Mr. Ahmed Ali Muktar, the running mate of the Appellant in the election for Governor of Wajir County and the Deputy Governor of the said County, sworn on the 7th June, 2018; and;
3. UPON considering the arguments made for the Applicant in which it is contended that the applicant has direct and legitimate interest in the present petition; he was a running mate of the Appellant in the election for Governor of Wajir County which is the subject of the present petition; he will suffer prejudice if he is not enjoined as a party in the proceedings; the Appellant was nominated and elected with the Interested Party; he shall advance submissions that are relevant and useful to the petition and which will be different from those of the other parties that have a direct bearing on the current proceedings and the ultimate outcome; and, that he will be directly affected by the outcome of this petition; and;
4. UPON considering the Applicant will be prejudiced if not enjoined and that he has an identifiable stake in the matter in line with the criteria laid down in Trusted Society of Human Rights Alliance v. Mumo Matemu and 5 Others, Supreme Court Petition No. 12 of 2013, [2015] eKLR and Francis Karioki Muruatetu and another v. Republic and 5 others, Supreme Court Petition No. 15 and 16 of 2015 (consolidated); [2016] eKLR
5. Having considered the Application, by a unanimous decision of the Court, we find that the Applicant qualifies to be joined as an interested party and make the following orders under Rule 25 of the Supreme Court Rules.
6. ORDERS
REASONS
The application is allowed.
The application meets the principles laid out in Trusted Society of Human Rights Alliance v. Mumo Matemu and 5 Others, Supreme Court Petition No. 12 of 2013, [2015] eKLR and Francis Karioki Muruatetu and another v. Republic and 5 others, Supreme Court Petition No. 15 and 16 of 2015 (consolidated); [2016] eKLR in that the applicant having been a running mate to the Appellant and the Deputy Governor, Wajir County, will be directly affected by the outcome of the Petition in the event of invalidation of the declared results.
DATED and DELIVERED at NAIROBI this 28th Day of September, 2018.
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D. K. MARAGA P. M. MWILU
CHIEF JUSTICE and PRESIDENT DEPUTY CHIEF JUSTICE and
OF THE SUPREME COURT VICE-PRESIDENT OF THE SUPREME COURT
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M.K IBRAHIM J.B. OJWANG
JUSTICE OF THE SUPREME COURT JUSTICE OF THE SUPREME COURT
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S. C. WANJALA S. N. NDUNGU
JUSTICE OF THE SUPREME COURT JUSTICE OF THE SUPREME COURT
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I. LENAOLA
JUSTICE OF THE SUPREME COURT
I certify that this is a true copy of the original
REGISTRAR
SUPREME COURT OF KENYA