Supreme Court president, Martha Koome, barred Roots Party flagbearer, George Wajackoyah, from enjoining the presidential petition.
Koome, on Tuesday, August 30, ruled that the window for applications to join the proceedings was closed due to the time constraints facing the court.
“We have a long journey ahead of us. We do not have a petition under 140 challenging the election of the president-elect. We also do not have an application seeking to join the proceedings," Justice Koome ruled.
“Unfortunately, you cannot make an oral application at this late stage," she added.
Earlier on, Wajackoyah, who was appearing at the Supreme Court for the first time in his illustrious law career, had his speech cut short when he tried to address the pre-trial conference trial.
The presidential candidate had risen to address the court in an attempt to court the judges’ attention in regard to his application to be enjoined in the case.
However, Justice Isaac Lenaola interrupted and silenced him noting that the court had another issue to address at the moment.
“Prof Wajackoyah please, we have an issue on the floor, would you wait until we address this issue then we can come back to you,” interjected Justice Lenaola.
Wajackoyah was, nonetheless, accorded time to raise his grievances later into the proceedings where he once again appealed for a chance to enjoin the petition. He argued that his input into the case would be instrumental since he was one of the presidential candidates.
"The ball of contention is I am a presidential candidate, what I want to pray is that I can also be enjoined to speak through my counsel.
"In the absence of the honourable Raila Odinga and Honorable Ruto (William), I think that I am the most aggrieved person here. You should take cognisance that I have run for elections in this country," he pleaded with the court.
Justice Mohammed Ibrahim, however, reiterated the CJ's decision, maintaining that there was no room for admission of more parties in the case. According to Ibrahim, Wajackoyah had an opportunity to file a petition as a presidential candidate as provided for in Article 140 of the Constitution.
"I think one important thing must come out, that you were a presidential candidate. We give you all the accolades you deserve and Kenyans respect you too. However, if you are aggrieved you have a right under the law to file a petition challenging the validity. If you did not do that, you will have to bear the consequences," Justice Ibrahim remarked.
The court also referred to a similar case where Agano Party Presidential Candidate, Waihiga Mwaure, unsuccessfully requested to be enjoined in the case.
