Lawyers Set To Clash In Azimio Presidential Petition

From today and for the next 14 days, all eyes will be on the seven Supreme Court judges, who have until September 5 to decide whether or not the president-elect was legitimately elected.

Deputy President William Ruto was declared the winner of the presidential election, and the Supreme Court, led by Chief Justice Martha Koome, has 14 days to hear and rule on the case expected to be filed by Azimio la Umoja One Kenya Coalition Party candidate Raila Odinga, who has called Dr Ruto’s victory a nullity that should be overturned.

Chief Justice Martha Koome, Deputy Chief Justice Philomena Mwilu, and Justices Isaac Lenaola, Njoki Ndung’u, Smokin Wanjala, William Ouko, and Mohamed Ibrahim are among the seven judges expected to hear the election dispute.

Supreme Court judges (from left) Isaac Lenaola, Smokin Wanjala, Philomena Mwilu (Deputy Chief Justice), Martha Koome (Chief Justice), Mohamed Ibrahim, Njoki Ndung’u and William Ouko on March 31, 2022.

Since their appointment to the Supreme Court last year, Justice Koome and Supreme Court Judge William Ouko have never heard a presidential election dispute.

Justices Mwilu, Lenaola, and Wanjala served on the bench that overturned President Uhuru Kenyatta’s election victory in 2017.

As the biggest legal battle of the year begins today, both camps are lining up the country’s top legal minds and litigators for the do-or-die battle pitting Mr Odinga on one side against Dr Ruto and the Independent Electoral and Boundaries Commission (IEBC) and its chair Wafula Chebukati on the other.

It is unclear whether the four IEBC commissioners who disowned Mr Chebukati’s declared results—Juliana Cherera, Francis Wanderi, Irene Masit, and Justus Nyang’aya—will file a separate case or file supporting affidavits to support Mr Odinga’s case.

Among the lawyers set to represent Mr Odinga is former Director of Public Prosecutions (DPP) Phillip Murgor, Mr Pheroze Nowrojee, a seasoned constitutional and human rights lawyer, and Mr James Orengo, the Siaya governor-elect.

Lawyers Philip Murgor (left) James Orengo and Pheroze Nowrojee.

For the Kenya Kwanza Alliance’s Dr. Ruto has gone for President Kenyatta’s former lawyer Fred Ngatia and Mr. Ahmednassir Abdullahi.

Other lawyers in Dr Ruto’s corner are Mr Katwa Kigen and Prof Kithure Kindiki, his long-time advocates.

From left: Lawyers Katwa Kigen, Ahmednasir Abdullahi, Kithure Kindiki and Fred Ngatia.

IEBC, on its part, has tapped former Attorney-General Prof Githu Muigai to be the lead counsel in the anticipated petition. 

Prof Muigai will be working with lawyers Kamau Karori, Abdikadir Mohamed, Eric Gumbo, Wambua Kilonzo, Peter Wanyama, George Murugu, Mahat Somane, Cyprian Wekesa and Edwin Mukele. 

From left: IEBC legal team in the presidential petition Kamau Karori, Prof Githu Muigai and Eric Gumbo.

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