Supreme Court: Ruto's New Demands Against LSK, IEBC Commissioners, Cherera

President-elect, William Ruto has now called for the removal of the Law Society of Kenya (LSK) from the presidential election petition at the Supreme Court of Kenya.

In a new affidavit filed by Ruto's lawyer, Abraham Kithure Kindiki, the president-elect wants the lawyers' lobby struck out of the petition because Martha Karua is its member and also a former leader and therefore cannot be neutral.

“The applicant has misrepresented material facts by pleading that the LSK has no connection to any party in this matter, which is FALSE, as the LSK is connected to Karua,” Ruto’s affidavit reads in part.

“The rules of natural justice forbid the grant of the Application to the extent that the Karua is a prominent member and past leader of the applicant, which strips the Applicant requirement of independence and impartiality."

Ruto further argued that by allowing the LSK to join the case as an amicus curiae (friend of the court), the court would risk breaking the rules of the friends of the court.

He also argued that not only does the addition of LSK obscure the matter more than clarify, but it would also add little value to the outcome of the court. 

“The society wants to be joined as a neutral party because of the public interest involved in the dispute surrounding the presidential election,” the society said in the application filed by Kililo Advocates while seeking to join in challenging the declaration of Ruto as president-elect.

Ruto also called for the Independent Electoral and Boundaries Commission (IEBC) commissioners to be removed as respondents in the case, including vice-chair Juliana Cherera.

The other commissioners who were named as respondents in the Raila petition include Abdi Guliye, Boya Molu, Justus Nyang'aya, Francis Wanderi and Irene Massit.

The call for their removal stemmed from the fact that they were named as individuals instead of the whole commission, which was mandated to handle the elections.

“The timeline to respond is for all respondents to file responses at the same time. Consequently, the 9th Respondent (Ruto) will be denied any opportunity to answer the second-tier accusations made by the 3rd to 6th Respondents.

"The 9th Respondent’s right to a fair trial as conferred under Article 25 (C) will be irreversibly compromised," read the Kindiki affidavit as quoted by The Standard.

Raila, in the petition, is demanding for a run-off ordered by the Supreme Court or to be declared the president-elect (through the commencement of a recount).

Supreme Court judges set to hear presidential election petitions. /CITIZEN DIGITAL