Kenya: Supreme Court Declines to Enjoin Mwaure in Presidential Petition

Nairobi — The Supreme Court has struck out an application by Agano Party’s David Mwaure seeking to be enjoined in the Presidential petition challenging President-Elect William Ruto’s victory.

In a ruling delivered on Tuesday, the court stated that, that no party had filed a response to Mwaure’s application.

The court also indicated that considering the provisions of Rule 17A (4) of the Supreme Court (Presidential Petition) Rules 2017, which provide that an application by any person as an interested party shall not be allowed in a presidential election petition.

“Furthermore, none of the intended interested party’s averments demonstrate the prejudice he will suffer if he was not enjoined. It is also our finding, that the arguments he proposes to make can be adequately argued by other parties in the suit,” part of the ruling read.

Mwaure who was one of the Presidential Candidates was seeking to be enjoined in the 2022 Presidential Petition as an interested party to testify against the petition filed by Raila Odinga.

Azimio La Umoja one Kenya flagbearer Raila Odinga wants the Supreme Court to overturn President Elect William Ruto’s win.

In an Affidavit submitted at the Apex Court, Mwaure stated that contrary to what the four dissenting commissioners indicated that they were excluded during verification of the results at the National Tallying center, he and his agents noticed that all the commissioners took part in verification of forms 34As.

“With all the agents literally, hawk eyed all the ballot papers were placed on the table and sorted in their presence at the polling stations. As I sat at the Bomas of Kenya, I noticed all the commissioners of IEBC who would, upon receipt of the original 34A countercheck whether the same were in tandem with form 34A already sent electronically and upon verifying, they would then publicly declare the results,” Mwaure stated.

He further pointed out that all those present at the Bomas of Kenya including local and international observers, agreed that the final tallying and verification process was being conducted in a transparent manner.

“Indeed, it is upon realizing that Agano party had genuinely lost the election and that the Kenya Kwanza had genuinely won the presidential election that Agano party publicly conceded,” he said.

Mwaure goes on to ask the Supreme Court should dismiss Odinga’s petition pointing out it is full of allegations which do not warrant a repeat of the presidential polls.

“That even if there are certain minor arithmetic errors which are not admitted}, it is appropriate to appreciate the fact that the conduct of an election is a very rigorous and highly involving process. In a manner of speaking in particular the officials of the IEBC and for that matter a number of agents did not sleep from the night of 8th of August to 15th of August when the election results, we declared,” he stated.

“Under such tough conditions, any human being is bound to make a mistake or two and I state that of small mistakes let not the will of the people of Kenya be upset by this Honorable Court.”


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