Former Gatundu South Member of Parliament Moses Kuria’s petition against Azimio’s flagbearer Raila Odinga has been struck out by the Supreme Court.
In a ruling delivered today, the court indicated that Kuria’s petition was not challenging the validity of a presidential election; and that the petitioners’ reliefs do not seek to invalidate the outcome of a presidential election.
The court further stated that because the petition was not brought pursuant to Article 140 of the Constitution, it was not time bound to be heard within 14 days.
“Upon considering the 1st and 2nd Respondents’ submissions dated 26th August, 2022 in support of their preliminary objection to the effect that pursuant to Article 163(3)(a) as read with Article 140 of the Constitution, the jurisdiction of this Court in a presidential election is confined to determination of the dispute on validity of a presidential election,” part of the ruling read.
The Apex court further ruled that Kuria’s petition does not challenge the validity of a presidential election.
“The substratum of the Petition does not challenge the validity of a presidential election; and that the petitioners’ reliefs do not seek to invalidate the outcome of a presidential election. They contend in the same vein, that because the petition is not brought pursuant to Article 140 of the Constitution, it is not time bound to be heard within 14 days as restated by this Court,” the supreme court says.
Kuria’s petition was meant to throw out Odinga’s presidential petition on grounds that he instigated violence at the Bomas of Kenya – the National Tallying Centre.
The Apex court also rejected an application by Deputy President William Ruto’s request to bar the Law Society of Kenya from being enjoined in the presidential election petition.
Additionally, the Supreme Court has rejected an application by Agano Party presidential candidate David Mwaure to be enjoined in Raila’s petition and an application by Ruto to bar individual IEBC commissioners from the petition.
While striking out Mwaure’s application, the Apex court argued that although he was among the four presidential candidates, he has not demonstrated the prejudice he will suffer if he was not enjoined in the presidential election petition.