(Left - Right) Lady Justice Njoki S Ndungu, Justice (Prof) Jackton Boma Ojwang, Lady Justice Philomena Mbete Mwilu (Deputy Chief Justice), Justice David K Maraga (Chief Justice), Justice Mohammed K Ibrahim, Justice Dr Smokin C Wanjala and Justice Isaac Lenaola, August 26, 2017. [Photo|judiciary.go.ke]The Supreme Court has dismissed a request by a Bungoma voter, Benjamin Wafula Barasa, to be enjoined in the presidential petition case.In his application, Barasa sought the court's go ahead to be enjoined in the petition filed by the National Super Alliance (Nasa), as an interested party.But, Justice Isaac Leonala, one of the seven Supreme Court judges, termed the application as one that "lacks merit and is therefore dismissed without costs."During the Sunday evening sittings, Justice Njoki Ndung'u however allowed two presidential candidates in the August 8 polls, to be enjoined in the petition, as interested parties.Justice Njoki asked Thirdway Alliance presidential candidate Dr Ekuru Aukot and Independent Candidate Michael Wainaina, to file their applications by 8am, Monday August 28.
Aukot supports the petition, but Wainaina is dismissing it.Justice Mohammed Ibrahim also dismissed an application by lawyer Charlse Kanjama to be enjoined in the petition as an amicus curiae.At the same time, Chief Justice David Maraga allowed Attorney General Prof Githu Muigai's application as an amicus curiae.Muigai's acceptance deals a blow to Nasa, after it sought to block him from being allowed to be part of the petition proceedings, on ground that he sides with the governmentHowever, Maraga cautioned Muigai that his application is restricted to one issue only, that of Activist Maina Kiai.
The petition pre-trial conference kicked off Saturday August 26.