Mahamud v Mohammad & 3 others; Muktar (Intended Interested Party) [2018] KESC 26 (KLR)

Mahamud v Mohammad & 3 others; Muktar (Intended Interested Party) (Petition 7 of 2018) [2018] KESC 26 (KLR) (28 September 2018) (Ruling)

Mohamed Abdi Mahamud v Ahmed Abdullahi Mohammad & 4 others [2018] eKLR

Neutral citation: [2018] KESC 26 (KLR)

Republic of Kenya

In the Supreme Court of Kenya

Petition 7 of 2018

DK Maraga, CJ, PM Mwilu, DCJ & V-P, MK Ibrahim, JB Ojwang, SC Wanjala, NS Ndungu & I Lenaola, SCJJ

September 28, 2018

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

((An application for joinder as an interested party under Rule 25 of the Supreme Court Rules))

Ruling

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 & 5 Others, Supreme Court Petition No. 12 of 2013, [2015] eKLR and Francis Karioki Muruatetu & another v Republic & 5 others, Supreme Court Petition No. 15 & 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 inTrusted Society of Human Rights Alliance v Mumo Matemu & 5 Others, Supreme Court Petition No. 12 of 2013, [2015] eKLR andFrancis Karioki Muruatetu & another v Republic & 5 others, Supreme Court Petition No. 15 & 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. ..............................D. K. MARAGACHIEF JUSTICE & PRESIDENT OF THE SUPREME COURT..............................P. M. MWILUDEPUTY CHIEF JUSTICE & VICE-PRESIDENT OF THE SUPREME COURT..............................M.K IBRAHIMJUSTICE OF THE SUPREME COURT..............................J.B. OJWANGJUSTICE OF THE SUPREME COURT..............................S. C. WANJALAJUSTICE OF THE SUPREME COURT..............................S. N. NDUNGUJUSTICE OF THE SUPREME COURT..............................I. LENAOLAJUSTICE OF THE SUPREME COURTI certify that this is a true copy of the originalREGISTRARSUPREME COURT OF KENYA