MPs seek to be enjoined in KDF deployment case

The Attorney General opposed their joinder saying criteria had not been met

In Summary
  • Through advocate Kevin Wakwaya, Mbadi, Dr James Nyikal and Wilberforce Ojiambo told the court that they are in an intricate position of having knowledge on how the deployment was approved.
Kenya Defence Forces officials patrol along Moi avenue in Nairobi on June 27, 2024
Kenya Defence Forces officials patrol along Moi avenue in Nairobi on June 27, 2024
Image: KEITH MUSEKE

Suba South MP John Mbadi is seeking to be allowed to participate in a case filed by the Law Society of Kenya challenging the deployment of military officers.

Through advocate Kevin Wakwaya, Mbadi, Dr James Nyikal and Wilberforce Ojiambo told the court that they are in an intricate position of knowing how the deployment was approved.

Their participation they said is key as they know it was done in accordance with the law.

"This is what we will be advancing. Whether deployment complied with the constitution and whether approval was done in accordance with the constitution," they said through their advocate.

In a brief rejoinder, the Attorney General opposed their joinder saying criteria had not been met.

Emmanuel Bitta, the Principal State Counsel-Office of the Attorney General said their application to participate as interested parties must be made formally and must also indicate what case they are going to advance

"The party making the application must demonstrate what specific prejudice they will suffer if they've not joined the proceedings," he said.

Justice Lawrence Mugambi will rule on the same at 3pm.

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