The Law Society of Kenya (LSK) on Sunday, August 28, 2022, filed an application at the Supreme Court seeking to participate in the eight petitions challenging President-elect William Ruto's win.
In its application, LSK through Kililo and Kililo Advocates seeks to be admitted into the proceedings as friends of the court.
This, according to them will enable them to assist the court, the government, and the public in all matters relating to the law.
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"The LSK seeks admission as amicus curiae under rule 17A of the Supreme Court (Presidential Election Petition) Rules, 2017 and Rule 19 of the supreme court Rules, 2020," the court papers reads in parts.
The lawyers' lobby group expressed that if allowed to participate in the hearing scheduled for Tuesday, August 30, they intend to assist the court in addressing the questions of law, a move they believe will facilitate the seven judges of the Apex court led by Chief Justice Martha Koome.
"We have raised three issues we believe will assist the court in the determination of these serious issues raised in the petitions," LSK said.
Among the issues listed include a determination of the standard of proof in the dispute, the concise meaning of all votes cast and the quorum of the Independent Electoral and Boundaries Commission (IEBC) intentionally focused on how the commission is properly vested in terms of managing, verifying, tallying and declaration of the presidential election results.
"All in all, the LSK's joinder in the petition will enrich the discourse through its amicus brief whilst adhering to the guiding principles for amicus curiae as cited in the case of Mumo Matemu and Muruatetu. We request that the application be allowed as prayed, "LSK stated.
The lobby group further stated that it has been involved in constitutional and legal reforms and is therefore familiar with Kenya's electoral history - a factor relevant to the wholistic determination of the petition.
"The LSK stems from a position of neutrality and fidelity to the law and seeks to assist the court with the interpretation and application of relevant constitutional principles, Kenyan jurisprudence and comparative foreign law," the court papers added.
However, LSK clarified that it has no connection to either party in the presidential election dispute lodged by Azimio leader Raila Odinga, his running mate Martha Karua and seven others.
The lawyers' lobby group's move comes a day after the IEBC and its commissioners filed their responses to the matters.
