Irene Masit suffers Blow in Case Against Military Chief Francis Ogolla
A petition that accused Chief of Defence Forces General Francis Ogolla and three others of attempting to tamper with the results of the 2022 presidential election was dismissed by High Court Judge Lawrence Nthiga Mugambi on Friday.
The military leader and two others were accused in a petition filed by former Independent Electoral Boundaries Commission (IEBC) commissioner Irene Masit that they paid the commissioners a visit at Bomas prior to the results being announced on August 9, 2022.
“It is stated that this delegation exerted pressure on the commissioners to change the outcome of the Presidential election,” reads part of the court documents.
Masit attempted to enjoin Ogolla and the two of them as interested parties in this lawsuit. She emphasised that it is vital that these individuals be included in the lawsuit so that they may further clarify the allegations.
The petition designated the tribunal of Justice Aggrey Muchelule as the initial respondent, followed by the Attorney General.
The tribunal argued, in response to the allegations, that the inclusion of the three individuals in question did not contribute to the resolution of the matters raised in the initial petition.
“The application is an ill attempt to impugn the legal appointments of the intended interested parties to their respective positions,” read part of the court documents.
The High Court judge, however, denied the petition, noting that Masit had failed to establish that Ogolla or either of the two officials were responsible for the alleged coercion.
Justice Nthiga rendered the decision that enjoining the three parties in the lawsuit would amount to a futile and speculative use of the court’s resources.
“In any case, the application in itself does not in the remotest sense meet the test of joinder. The Petitioner has not demonstrated how the orders she is seeking will affect the three named persons and hence the need to join them as interested parties in this Petition,” the judge ruled.
Masit is one of four IEBC commissioners who expressed disagreement with the outcomes declared by Wafula Chebukati, the former chairperson of the IEBC.
William Ruto was sworn in as Kenya’s fifth president by Chebukati subsequent to his victorious campaign against Raila Odinga.
While the announcement was being made, the four commissioners who subsequently resigned from Bomas and attended an independent press briefing presided over by Juliana Cherera. Francis Wanderi and Justus Nyang’aya were the others.
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Irene Masit suffers Blow in Case Against Military Chief Francis Ogolla
