Kenya: AG Kihara Kariuki Says Not Opposed to Suit Challenging President-Elect Ruto's Win

28 August 2022

Nairobi — Attorney General Paul Kihara Kariuki says he does not intend to oppose the petitions filed at the Supreme Court seeking to nullify the August 9 presidential election results.

In his replying affidavit, Kihara indicated he does not intend to challenge the eight petitions that have already been filed at the apex court that seek to nullify the declaration of William Ruto as president-elect.

The Attorney General was listed as a respondent in a petition filed by Busia Senator-Elect Okiya Omtatah and Youth Advocacy Africa (YAA) and as an interested party in a petition filed by John Njoroge Ngari.

"Take notice that the Hon. Attorney General, the 9th respondent herein, pursuant to Rule 11(2) of Supreme Court Presidential Election Rules, 2017 which requires a party to indicate whether they intend to oppose the petition, hereby signifies to the honourable court that he does not intend to oppose the petition," read the suit.

This is unlike his predecessor Githu Muigai who opposed both the 2013 and 2017 presidential petitions that were filed at the Supreme Court to nullify the outcome of the elections.

The attorney general who is the legal advisor to the government can act as a friend of the court, Amicus curiae.

Muigai, the former Attorney General will head the legal team representing the Independent Electoral and Boundaries Commission (IEBC) and its chairman Wafula Chebukati in the petitions that have been filed at the Martha Koome-led court.

Apart from the petition filed by Azimio presidential candidate Raila Odinga, other petitioners include John Njoroge Kamau, Daniel Kariuki Ngari, Juliah Nyokabi, Khalef Khalifa, Okiya Omtatah, Youth Advocacy Africa and Reuben Kigame.

The Supreme Court is expected to rule on the Presidential election petition by 5 September.

The ruling will be determined by a bench of 7 judges of the Supreme Court. They include Chief Justice Martha Koome, Deputy Chief Justice Philomena Mwilu, William Ouko, Mohammed Ibrahim, Smokin Wanjala, Njoki Ndungu and Isaac Lenaola.

In his response to the petition filed by Azimio, President-Elect William Ruto urged the Supreme Court to dismiss Raila's petition as he is known to dispute all presidential election outcomes so as to force a handshake that will result in a coalition government.

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