[2017] KESC 29 (KLR)
The Supreme Court held that the National Super Alliance, as the 4th respondent, was so closely aligned in interest with other parties to the petition that its continued presence as a respondent would be detrimental to the 3rd respondent, who would be deprived of the opportunity to safeguard his rightful interests in...
Source-derived case information.
- Citation
- [2017] KESC 29 (KLR)
- Parties
- Applicant: Njonjo Mue; Applicant: Khelef Khalifa; Respondent: Chairperson of the Independent Electoral and Boundaries Commission; Respondent: The Hon. The Attorney-General; Respondent: H.E. Uhuru Muigai Kenyatta; Respondent: National Super Alliance
- Court
- Supreme Court
- Court Station
- Supreme Court of Kenya
- Jurisdiction
- Kenya
- Case Number
- Election Petition 4 of 2017
- Procedural Posture
- Election Petition / Ruling on Joinder and Striking Out of Party
- Outcome
- 4th respondent struck out as a party to the petition.
- Judges
- DK Maraga, PM Mwilu, JB Ojwang, SC Wanjala, N Ndungu, I Lenaola
- Legal Topics
- Joinder of Parties, Striking Out Parties, Common Cause in Litigation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Njonjo Mue
Applicant
Khelef Khalifa
Applicant
Chairperson of the Independent Electoral and Boundaries Commission
Respondent
The Hon. The Attorney-General
Respondent
H.E. Uhuru Muigai Kenyatta
Respondent
National Super Alliance
Respondent
Procedural Posture
Election Petition / Ruling on Joinder and Striking Out of Party
Legal Issues
- 1 Whether it was appropriate to join a party with a common cause with other parties to a suit, including the petitioners, as a respondent.
- 2 Whether a party which had a common cause with other parties to a presidential election petition should be struck out as a party to the petition.
Ratio Decidendi
The Supreme Court held that the National Super Alliance, as the 4th respondent, was so closely aligned in interest with other parties to the petition that its continued presence as a respondent would be detrimental to the 3rd respondent, who would be deprived of the opportunity to safeguard his rightful interests in the electoral process. The court found that the mode of joinder of the 4th respondent created an intricate network of common cause, which was not appropriate in the context of a presidential election petition. Consequently, the court ordered that the 4th respondent be struck out as a party to the petition.
Court Disposition
4th respondent struck out as a party to the petition.
Orders
- The 4th respondent, National Super Alliance, is struck out as a respondent in the petition.
Full Case Text
Judgment text and source record
34 paragraphs
Mue & another v Chairperson of the Independent Electoral and Boundaries Commission & 3 others (Election Petition 4 of 2017) [2017] KESC 29 (KLR) (Election Petitions) (14 November 2017) (Ruling)
Njonjo Mue & another v Chairperson of the Independent Electoral and Boundaries Commission & 3 others [2017] eKLR
Neutral citation: [2017] KESC 29 (KLR)
Republic of Kenya
In the Supreme Court of Kenya
Election Petitions
Election Petition 4 of 2017
DK Maraga, CJ & P, PM Mwilu, DCJ & VP, JB Ojwang, SC Wanjala, N Ndungu & I Lenaola, SCJJ
November 14, 2017
Between
Njonjo Mue
1st Petitioner
Khelef Khalifa
2nd Petitioner
and
The Chairperson of the Independent Electoral and Boundaries Commission
1st Respondent
The Hon. The Attorney-General
2nd Respondent
H.E. Uhuru Muigai Kenyatta
3rd Respondent
National Super Alliance
4th Respondent
Supreme Court strikes out a party to a presidential election petition on grounds of having a common cause with other parties in the petition
Reported by Beryl Ikamari
Civil Practice and Procedure- parties to a suit - joinder of parties to a suit - whether it was appropriate to join a party with a common cause with other parties to a suit, including the petitioners, as a respondent - whether it was appropriate for a respondent which had such a common cause to be struck out.
Issues Whether a party which had a common cause with other parties to a presidential election petition, would be struck out as a party to the petition.
Held There was an intricate network of common cause which linked the 4th respondent, the National Super Alliance, to other parties in the petition. It was detrimental to the 3rd respondent who in view of the mode of joinder of the 4th respondent, would have no opportunity to safeguard his rightful interests in the electoral process. In the circumstances, it was appropriate to strike out the 4th respondent as a respondent in the petition.
4th respondent struck out.
Citations CasesNone referred toStatutesNone referred toAdvocatesNone mentioned
Ruling
1. An intricate network of common cause links the 4th respondent to the other parties to this petition, in a formation that is clearly detrimental to the 3rd respondent who, in view of the mode of joinder of the 4th respondent, will have no opportunity to safeguard his rightful interests in the electoral process – a subject which is, quite significantly, one of the most important public interest.
2. In the circumstances, the 4th respondent must be struck out as a respondent in this petition.Orders accordingly.
DATED AND DELIVERED AT NAIROBI THIS 14TH DAY OF NOVEMBER, 2017. ……………………D. K. MARAGACHIEF JUSTICE & PRESIDENT OF THE SUPREME COURT……………………P. M. MWILUDEPUTY CHIEF JUSTICE & VICE PRESIDENT OF THE SUPREME COURT……………………J. B. OJWANGJUSTICE OF THE SUPREME COURT……………………S. C. WANJALAJUSTICE OF THE SUPREME COURT……………………NJOKI NDUNGUJUSTICE OF THE SUPREME COURT……………………I. LENAOLAJUSTICE OF THE SUPREME COURTI certify that this is a true copy of the original.REGISTRARSUPREME COURT OF KENYA