Coming up for Delivery of Ruling on: Wednesday 27th November, 2024
Lodged on: 07th March, 2024
Articles: 40 of the Treaty for the Establishment of the East African Community
Rules: 53(2) (1) of the East African Court of Justice Rules of Procedure.
Subject Matter: Application be joined as an Intervener
The Application is based on grounds that the Applicant/Intended Intervener has a direct and immediate interest in relation to Reference No. 39 of 2022 between Male H. Mabirizi K. Kiwanuka and the Attorney General of the Republic of Kenya. The Reference is in relation the presidential elections held on 9th August 2022 and the results announced on 15th August 2022.
The Applicant states that itis best placed to respond to the several allegations made against it in the Reference and that for the court to effectively and completely adjudicate upon and settle all the questions involved in the Reference, it be joined as an Intervener.
The Applicant seeks orders that it be granted leave to intervene in the Reference and that costs incidental to this application abide the results of the case.
The 1st Respondent opposes the Application on grounds that the Court lacks jurisdiction to entertain it in respect to the person who has applied become an Intervener. That the Applicant who is part of the Government of Kenya has no capacity to approach this Court since it can only be represented by the 2nd Respondent, that’s the Attorney General of Kenya. that Since actions of the Applicant are attributable to the 2nd Respondent. That allowing them will give the 2nd Respondent multiple platforms to oppose the Reference.
The 2nd Respondent did not oppose the Application and prays that the Court allows the Applicant to intervene.
The application was heard in open court on 25ht September and the Court will be delivering its ruling on 27th November, 2024.
This is a document produced by the Registry to assist in understanding forthcoming matters before the Court. It does not bind the Court. For authoritative Decisions, Judgments and general information about the Court please visit https://www.eacj.org Contact: Registrar, East African Court of Justice, P.O. Box 1096 Arusha, Tanzania Tel: +255 27 2506093 Fax: +255 27 27 2509493 Email: eacj@eachq.org