The High Court has blocked efforts by three MPs—John Mbadi (Nominated), James Nyikal (Seme), and Wilberforce Oundo (Funyula)—to join a case brought by the Law Society of Kenya (LSK) challenging the deployment of military officers to quell protest unrest.
The MPs had sought to participate in the case as interested parties, claiming they possessed crucial information about how the deployment was authorized in Parliament on July 27.
They aimed to provide an insider’s account of the proceedings at the National Assembly, which they argued would assist the court in deciding the petition. However, their request to intervene in the case has been denied by the High Court.
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 Mugambi 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 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, Nyikal 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 Cabinet Secretary 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 eployment of KDF to assist police. It will not be necessary to have two separate petitions where they can be heard to gether. They are hereby con solidated,” Mugambi ruled.
