Nairobi — The Law Society of Kenya (LSK) is seeking to be admitted as a friend to the court (Amicus Curiae), in the presidential petitions that have been filed at the Supreme Court of Kenya (SCOK).
In an affidavit that has listed the Azimio La Umoja-One Kenya coalition flag bearer Raila Odinga and his running mate Martha Karua as petitioners and all the commissioners of the Independent Electoral and Boundaries Commission (IEBC) in addition to the president-elect William Ruto as respondents, the body wants to be part of the petition based on its expertise, experience and knowledge relevant to the determination of the petition.
"The Law Society of Kenya (LSK) seeks admission as amicus curiae under Rule 17A of the Supreme Court (Presidential Election Petition) Rules, 2017 and Rule 19 of the Supreme Court Rules, 2020. The LSK's application sustains its statutory mandate under section 4 of the Law Society of Kenya Act, 2014 to assist the courts, the government and the public in all matters relating to the law," read the affidavit.
The body further cites the presidential election petitions as a matter of great public interest and a constitutional application that touches on citizens' sovereignty, national value, political rights and electoral rights as well.
If admitted to the petition as Amicus curia, LSK intends to address three key questions; meaning and utility of the standard of proof in election petitions, interpretation of Article 86 and 138(4) (a) and (b) on the meaning of "all the votes cast" and the interpretation of Article 138 (3) (c) and 10 on the respective roles of the IEBC Commission and its chairperson in presidential elections.
Article 86 and Article 138 of the 2010 Constitution are on voting and procedure in presidential elections respectively.
Article 138 (3) (c) states "after counting the votes in the polling stations, the Independent Electoral and Boundaries Commission shall tally and verify the count and declare the results.
It further states "(4) A candidate shall be declared elected as President if the candidate receives (a) more than half of all the votes cast in the election; and (b) at least twenty-five per cent of the votes cast in each of more than half of the counties."
The LSK indicates that if admitted as Amicus, the court would benefit from hearing and querying well-informed views from it as it comes from a position of neutrality and fidelity to the law.
