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MOSES KIARIE KURIA & 2 OTHERS
V.
AHMED ISSACK HASSAN & ANOTHER

(2013) JELR 103687 (SC)

Supreme Court 25 Mar 2013 Kenya
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Case Details

Suit Number:Petition 3, 4 & 5 of 2013
Judges:W.M. MUTUNGA, P.K.TUNOI, M.K. IBRAHIM,J.B. OJWANG, S.C. WANJALA & N.S. NDUNGU
Other Citations:MOSES KIARIE KURIA & 2 OTHERS v. AHMED ISSACK HASSAN & ANOTHER[2013]eKLR

RULING

[1] Two applications were made before this Court earlier in the day, both seeking admission to the status of amicus curiae. The first was by the Attorney-General, while the second was by the Law Society of Kenya (LSK).

[2] The learned Attorney-General submitted that the importance of Presidential election, based on the terms of the Constitution of Kenya, 2010 justified the participation of his office as protector of the public interest, in the capacity of amicus curiae. The Attorney-General submitted that his office had no partisan interest in the matter, and would in any case limit itself to such role as the Court zx do no more than highlight legal questions, and in this way provide guidance to the Court.

[3] Most of the several counsel in the Petitions – Mr. Regeru, Mr. Abdullahi, Mr. Ngatia, Mr. Rebello, Mr. Kigen – supported the Attorney-General’s application. However, learned counsel for the petitioners, Mr. Oraro and Ms. Kilonzo opposed the application.

[3] While not doubting…

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