The High Court on Friday, July 5, 2024, thwarted plans by three MPs John Mbadi, James Nyakal, and Wilberforce Oundo to participate in a case by LSK challenging the the deployment of military officers to quell protest chaos.
Mbadi, Nyakal, and Oundo had sought to be allowed to be enjoined in the case as interested parties saying they had crucial information on how the deployment was approved in Parliament on July 27, 2024.
They wanted to give an insider perspective of what transpired at the National Assembly which they said would be helpful to the court to determine the petition.
But Justice Lawrence Mugambi declined the plea by the three MPs saying they had not tendered justifiable reasons to be allowed to participate in the case.
” In my view, their reasons do not demonstrate any identifiable legal stake in the proceedings and will therefore reject the application for joinder for the three MPs,” Mugambi ruled.
The Judge, however, allowed the joinder of Kituo Cha Sheria and Kenya National Commission of Human Rights.
While allowing the joinder of KNCHR, Justice stated that he considered the fact that the commission is charged with the responsibility to promote the observance of human rights in the country.
“In my view, they have a definite constitutional mandate that disclosed a clear stake in this proceedings,” he said.
For Kituo Cha Sheria, the Judge stated that it is in the public knowledge that it is a civil society organization that for many years stood for the rights of the valuable in society.
“I equally find that they represent a class of persons to be allowed to be heard in this petition,” Mugambi added.
Further, the court considered the proceedings consolidated two separate cases filed by the LSK and another filed by Mbadi, Nyakal, and Oundo citing they raise similar issues.
Apart from seeking to be enjoined in the LSK case as interested parties, Mbadi had also filed a petition similar to one filed by LSK.
He sought to stop the implementation of CS Adan Duale’s gazette notice on the deployment of the military officers to assist Kenya police and for the court to consider referring the matter to Chief Justice Martha Koome to empanel a bench.
“The two petitions challenge one issue which is the deployment of KDF to assist police. It will not be necessary to have two separate petitions where they can be heard together. They are hereby consolidated,” Mugambi ruled.
The case will be mentioned on 30 July for further directions.
