Otieno & 2 others v Hassan & 5 others [2013] KESC 17 (KLR)

Otieno & 2 others v Hassan & 5 others (Petition 4 & 5 of 2013 (Consolidated)) [2013] KESC 17 (KLR) (25 March 2013) (Order)

GLADWELL WATHONI OTIENO & ANOTHER V AHMED ISSACK HASSAN & 3 OTHERS[2013]eKLR

Neutral citation: [2013] KESC 17 (KLR)

Republic of Kenya

In the Supreme Court of Kenya

Petition 4 & 5 of 2013 (Consolidated)

WM Mutunga, CJ & P, PK Tunoi, MK Ibrahim, JB Ojwang, SC Wanjala & N Ndungu, SCJJ

March 25, 2013

Between

Gladwell Wathoni Otieno

1st Petitioner

Zahid Rajan

2nd Petitioner

and

Ahmed Issack Hassan

1st Respondent

Independent Electoral And Boundaries Commission

2nd Respondent

Uhuru Kenyatta

3rd Respondent

William Samoei Ruto

4th Respondent

As consolidated with

Petition 5 of 2013

Between

Raila Odinga

Petitioner

and

Independent Electoral and Boundaries Commission

1st Respondent

Ahmed Issack Hassan

2nd Respondent

Uhuru Kenyatta

3rd Respondent

William Samoei Ruto

4th Respondent

Supreme Court declines to consider application by a non-party in the presidential election petition for failing to aid the trial process.

Reported by Moses Rotich

Held It emerged that the supplicant did not have party status in any of the petitions. There was no impression that the supplicant’s prayers will operate in aid of the trial process for the petitions before the court, which, it was apparent, had a clear urgency.

Orders The prayers in question were not entertained, but remitted to the Registrar for appropriate orders on Tuesday, March 26, 2013 at 9. 00 am.

Citations CasesNone referred toStatutesNone referred toAdvocatesNone mentioned

Order

Two Prayers by Nazlin Umar 1. It emerges that the supplicant does not have party status in any of the petitions herein. We do not gain the impression that the supplicant’s prayers will operate in aid of the trial process for the petitions before the court, which, it is apparent, have a clear urgency.

2. Consequently, we order that the prayers in question shall not be entertained now, but shall be remitted to the Registrar for appropriate orders on Tuesday, March 26, 2013 at 9. 00 am.

3. Orders accordingly.

DATED AND DELIVERED AT NAIROBI THIS 25TH DAY OF MARCH, 2013. .......................................W.M. MUTUNGACHIEF JUSTICE & PRESIDENT OF THE SUPREME COURT.......................................P.K. TUNOIJUSTICE OF THE SUPREME COURT.......................................J.B. OJWANGJUSTICE OF THE SUPREME COURT.......................................M.K. IBRAHIMJUSTICE OF THE SUPREME COURT.......................................S.C. WANJALAJUSTICE OF THE SUPREME COURT.......................................N.S. NDUNGUJUSTICE OF THE SUPREME COURTI certify that this is a true Copy of the original.REGISTRARSUPREME COURT OF KENYA