NJONJO MUE & KHELEF KHALIFA V. CHAIRPERSON OF THE INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION,ATTORNEY-GENERAL ,UHURU MUIGAI KENYATTA & NATIONAL SUPER ALLIANCE

REPUBLIC OF KENYA

IN THE SUPREME COURT OF KENYA AT NAIROBI

(Coram: Maraga, CJ and P; Mwilu, DCJ and V-P; Ojwang, Wanjala, Njoki and Lenaola, SCJJ)

PRESIDENTIAL ELECTION PETITION NO. 4 OF 2017

–BETWEEN–

1. NJONJO MUE

2. KHELEF KHALIFA.......................................................PETITIONERS

AND

1. THE CHAIRPERSON OF THE INDEPENDENT ELECTORAL AND

BOUNDARIES COMMISSION..................................RESPONDENTS

2. THE HON. THE ATTORNEY-GENERAL

3. H.E. UHURU MUIGAI KENYATTA

4. NATIONAL SUPER ALLIANCE

RULING [IN SUMMARY]

[1] An intricate network of common cause links the 4^th respondent to the other parties to this petition, in a formation that is clearly detrimental to the 3^rd respondent who, in view of the mode of joinder of the 4^th respondent, will have no opportunity to safeguard his rightful interests in the electoral process – a subject which is, quite significantly, one of the most important public interest.

[2] In the circumstances, the 4^th respondent must be struck out as a responden…