Mue & another v Chairperson of the Independent Electoral and Boundaries Commission & 3 others [2017] KESC 29 (KLR)

Mue & another v Chairperson of the Independent Electoral and Boundaries Commission & 3 others (Election Petition 4 of 2017) [2017] KESC 29 (KLR) (Election Petitions) (14 November 2017) (Ruling)

Njonjo Mue & another v Chairperson of the Independent Electoral and Boundaries Commission & 3 others [2017] eKLR

Neutral citation: [2017] KESC 29 (KLR)

Republic of Kenya

In the Supreme Court of Kenya

Election Petitions

Election Petition 4 of 2017

DK Maraga, CJ & P, PM Mwilu, DCJ & VP, JB Ojwang, SC Wanjala, N Ndungu & I Lenaola, SCJJ

November 14, 2017

Between

Njonjo Mue

1st Petitioner

Khelef Khalifa

2nd Petitioner

and

The Chairperson of the Independent Electoral and Boundaries Commission

1st Respondent

The Hon. The Attorney-General

2nd Respondent

H.E. Uhuru Muigai Kenyatta

3rd Respondent

National Super Alliance

4th Respondent

Supreme Court strikes out a party to a presidential election petition on grounds of having a common cause with other parties in the petition

Reported by Beryl Ikamari

Civil Practice and Procedure- parties to a suit - joinder of parties to a suit - whether it was appropriate to join a party with a common cause with other parties to a suit, including the petitioners, as a respondent - whether it was appropriate for a respondent which had such a common cause to be struck out.

Issues Whether a party which had a common cause with other parties to a presidential election petition, would be struck out as a party to the petition.

Held There was an intricate network of common cause which linked the 4th respondent, the National Super Alliance, to other parties in the petition. It was detrimental to the 3rd respondent who in view of the mode of joinder of the 4th respondent, would have no opportunity to safeguard his rightful interests in the electoral process. In the circumstances, it was appropriate to strike out the 4th respondent as a respondent in the petition.

4th respondent struck out.

Citations CasesNone referred toStatutesNone referred toAdvocatesNone mentioned

Ruling

1. An intricate network of common cause links the 4th respondent to the other parties to this petition, in a formation that is clearly detrimental to the 3rd respondent who, in view of the mode of joinder of the 4th 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 4th respondent must be struck out as a respondent in this petition.Orders accordingly.

DATED AND DELIVERED AT NAIROBI THIS 14TH DAY OF NOVEMBER, 2017. ……………………D. K. MARAGACHIEF JUSTICE & PRESIDENT OF THE SUPREME COURT……………………P. M. MWILUDEPUTY CHIEF JUSTICE & VICE PRESIDENT OF THE SUPREME COURT……………………J. B. OJWANGJUSTICE OF THE SUPREME COURT……………………S. C. WANJALAJUSTICE OF THE SUPREME COURT……………………NJOKI NDUNGUJUSTICE OF THE SUPREME COURT……………………I. LENAOLAJUSTICE OF THE SUPREME COURTI certify that this is a true copy of the original.REGISTRARSUPREME COURT OF KENYA