Kenya Law: 2022 Presidential Petition

Presidential Election Petition 2022
Judgements – Presidential Election Petition
No.	Case Number	Judgement	Neutral Citation	Court Decision
1.	Presidential Election Petition E005, E001, E002, E003, E004, E007 & E008 of 2022 (Consolidated)	Abridged Judgement	Odinga & 16 others v Ruto & 10 others; Law Society of Kenya & 4 others (Amicus Curiae) (Presidential Election Petition E005, E001, E002, E003, E004, E007 & E008 of 2022 (Consolidated)) [2022] KESC 54 (KLR) (Election Petitions) (5 September 2022) (Judgment)	Despite petitioners in a presidential election petition having made numerous averments pointing to possible irregularities and illegalities, the pointed illegalities and irregularities have to be of such magnitude as to affect the final result of the presidential election.
2	Presidential Election Petition E005, E001, E002, E003, E004, E007 & E008 of 2022 (Consolidated)	Full Judgement	Odinga & 16 others v Ruto & 10 others; Law Society of Kenya & 4 others (Amicus Curiae) (Presidential Election Petition E005, E001, E002, E003, E004, E007 & E008 of 2022 (Consolidated)) [2022] KESC 56 (KLR) (Election Petitions) (26 September 2022) (Judgment)	Despite petitioners in a presidential election petition having made numerous averments pointing to possible irregularities and illegalities, the pointed illegalities and irregularities have to be of such magnitude as to affect the final result of the presidential election.
Preliminary Applications – Presidential Election Petition
No.	Case Number	Applicant(s)	Neutral Citation	Court Decision
1.	Presidential Election Petition E005 of 2022	Law Society of Kenya	Odinga & another v Independent Electoral and Boundaries Commission & 8 others; Law Society of Kenya (Amicus Curiae) (Presidential Election Petition E005 of 2022) [2022] KESC 50 (KLR) (Election Petitions) (29 August 2022) (Ruling)	The Law Society of Kenya (LSK) in the instant application sought to be joined as an amicus curiae. The court allowed the application and held that LSK was not make oral submissions but rely solely on its written brief.
2.	Presidential Election Petition 1 of 2022	Benjamin Barasa Wafula	Wafula v Raila Amollo Odinga, Flag Bearer for Azimio La Umoja One Kenya Alliance & 5 others; Royal Media (Media Television) & 4 others (Subsequent Party) (Presidential Election Petition 1 of 2022) [2022] KESC 51 (KLR) (Election Petitions) (30 August 2022) (Ruling)	The applicant filed the instant application seeking to prosecute a draft preliminary objection and counterclaim as a pauper. While dismissing the application, the court noted that the applicant was not a petitioner and/or had not been sued as a respondent in any of the presidential election petitions before the court. The court further noted that the applicant had also not sought to participate as a friend of the court.
3.	(Presidential Election Petition E003 of 2022	William Samoei Ruto	Khelef Khalifa & 3 others v Independent Electoral and Boundaries Commission & 3 others (Presidential Election Petition E003 of 2022) [2022] KESC 49 (KLR) (Election Petitions) (30 August 2022) (Ruling)	The application sought an order that declared that the Attorney General was wrongfully enjoined as a party in the Presidential Election Petition. The court held that Attorney General was not wrongfully enjoined as a party in the presidential election petition.
4.	Presidential Election Petition 5 of 2020	William Samoei Ruto	Odinga & another v Independent Electoral and Boundaries Commission & 8 others (Presidential Election Petition 5 of 2020) [2022] KESC 47 (KLR) (Election Petitions) (29 August 2022) (Ruling)	The applicant sought for the court to strike out the affidavits by John Mark Githongo, Martin E Papa and Benson Wesongo that were sworn in support of the petition. The court held that affidavits contained factual contestations which had been responded to substantively by the IEBC and by the 9th respondent. The court had to consider the totality of the evidence before it and as guided by the rules of evidence be able to discern the probative value and evidentiary threshold of each of the evidence adduced by each party. The application was dismissed.
5.	Presidential Election Petition E005 of 2022	Julianna Whonge Cherera	Odinga & another v Independent Electoral and Boundaries Commission & 8 others (Presidential Election Petition E005 of 2022) [2022] KESC 48 (KLR) (29 August 2022) (Ruling)	The applicants sought the admission of their replying affidavits and argued that some of the respondents in their replying affidavits had alleged that they attended a meeting with a delegation from the National Security Advisory Committee (NSAC) to subvert the will of the people. The court held that it was fair and just, considering the serious nature of the allegations and implications of the same, that the applicants ought to be given the opportunity to be heard regarding the same.
6.	(Presidential Election Petition E005 of 2022	David Waihiga	Odinga & another v Independent Electoral and Boundaries Commission & 8 others; Waihiga (Intended Interested Party) (Presidential Election Petition E005 of 2022) [2022] KESC 52 (KLR) (29 August 2022) (Ruling)	The applicant, who was a presidential candidate in the August 9, 2022 presidential election, filed the instant application seeking joinder as an interested party. The court pointed out that rule 17A(4) of the Supreme Court (Presidential Election Petition) Rules 2017, provided that an application by any person as an interested party would not be allowed in a presidential election petition. The court further held that none of the intended interested party’s averments demonstrated the prejudice he would suffer if he was not enjoined and that the arguments the applicant proposed to make could be adequately argued by other parties in the petition.
7.	Presidential Election Petition E005 of 2022	Kenyan Section of The International Commission of Jurists (ICJ) Kenya	Raila Odinga & another v Independent Electoral and Boundaries Commission & 9 others (Presidential Election Petition E005 of 2022) [2022] KESC 46 (KLR) (Election Petitions) (29 August 2022) (Ruling)	The applicant successfully applied to be enjoined as amicus curiae (a friend of the court).
8.	Presidential Election Petition E005 of 2022	Juliues Orenge	Odinga & another v Independent Electoral and Boundaries Commission & 8 others; Orenge (Interested Party) (Presidential Election Petition E005 of 2022) [2022] KESC 53 (KLR) (29 August 2022) (Ruling)	The applicant applied to be enjoined as an interested party. The application was dismissed.
9.	Presidential Election Petition E005 of 2022	Milton Nyakundi Oriku	Raila Odinga & another v Independent Electoral and Boundaries Commission & 9 others (Presidential Election Petition E005 of 2022) [2022] KESC 45 (KLR) (29 August 2022) (Ruling)	The applicant applied to be enjoined as an interested party. The application was dismissed.
10.	Election Petition E002, E003 & E005 of 2022 (Consolidated)	Youth Advocacy Africa (YAA) and Peter Kirika	Youth Advocacy for Africa (YAA) & 7 others v Independent Electoral and Boundaries Commission & 17 others (Election Petition E002, E003 & E005 of 2022 (Consolidated)) [2022] KESC 42 (KLR) (Election Petitions) (30 August 2022) (Ruling)	This was a successful application for inspection and scrutiny of the ballot boxes of the following polling stations: Nandi Hills and Sinendeti Primary School in Nandi. Belgut, Kapsuser and Chepkutum Primary Schools in Kericho County. Jomvi, Mikindani and Ministry of Water Tanks Polling Stations in Mombasa County. Mvita, Majengo and Mvita Primary Schools in Mombasa County. Tinderet CONMO, in Nandi County. Jarok, Gathanji and Kiheo Primary School Polling in Nyandarua County. EBC was compelled to give the applicants supervised access to any server(s) at the National Tallying Centre for storing and transmitting voting information and which were forensically imaged to capture a copy of the Form 34C which was the total votes cast.
11.	Presidential Election Petition E005 of 2022	John Walubengo Martin Mirero Dr. Joseph Sevilla	Odinga & another v Independent Electoral and Boundaries Commission & 7 others; Walubengo & 2 others (Amicus Curiae) (Presidential Election Petition E005 of 2022) [2022] KESC 44 (KLR) (29 August 2022) (Ruling)	The applicant successfully applied to be enjoined as amicus curiae (a friend of the court).
12.	Presidential Election Petition E005, E002 & E004 of 2022 (Consolidated)	William Samoei Ruto	Odinga & 4 others v Independent Electoral Boundaries Commission & 7 others (Presidential Election Petition E005, E002 & E004 of 2022 (Consolidated)) [2022] KESC 43 (KLR) (29 August 2022) (Ruling)	In an application seeking for the court to strike out the 4 commissioners that termed tallying and verification process as opaque, the court held that Inclusion of IEBC Commissioners as respondents in the Presidential Election Petition did not violate section 15 of the IEBC Act which insulated them from being personally liable for any acts done in good faith in execution of the IEBC’s powers.