The High Court has rejected a request by Suba South MP John Mbadi and two others to intervene in a case filed by the Law Society of Kenya challenging the deployment of military officers.
Mbadi, Dr. James Nyikal, and Wilberforce Ojiambo sought to join the case as interested parties, claiming they possess detailed knowledge of how the deployment was authorized. They aimed to provide an insider perspective they believed would assist the court in deciding the petition. However, Justice Lawrence Mugambi declined their request, stating:
“In my view, their reasons don’t demonstrate any identifiable legal stake. I will therefore reject an application for joinder by the three members of Parliament.”
The court at the same time allowed the joinder of Kituo Cha Sheria and Kenya National Commission of Human Rights.
The judge in allowing the joinder of Kenya National Commission of Human Rights considered that it is charged with the responsibility to promote 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, the judge said:
“It’s a class of persons who should be given an opportunity to be heard.”
Justice Mugambi at the tail end of the proceedings consolidated the case filed by the LSK and another one filed by Mbadi, Nyikal and Wilberforce.
Apart from seeking to be enjoined in the LSK case as interested parties, Mbadi had also filed a petition similar to the one filed by LSK.
He sought to stop the implementation of 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 CJ 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.”
The case will be mentioned on 30 July for further directions.
