Blow to Irene Masit in Case Against Military Chief Francis Ogolla.
Blow to Irene Masit in Case Against Military Chief Francis Ogolla: High Court Judge Lawrence Nthiga Mugambi on Friday dismissed a petition accusing Chief of Defence Forces General Francis Ogolla and three others of attempting to interfere with the outcome of the 2022 presidential election.
In a petition filed by Irene Masit, the former Independent Electoral Boundaries Commission (IEBC) commissioner, the military boss and two others were accused of visiting the commissioners at Bomas before the announcement of the results 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 sought to have Ogolla and the two enjoined in this suit as interested parties. She highlighted that including these individuals in the suit is important for them to clarify the allegations
In the petition, Justice Aggrey Muchelule’s tribunal was listed as the 1st respondent while the Attorney General was the second.
In response to the allegations, the tribunal argued that including the three served no purpose in the determination of the issues raised in the initial petition
The High Court judge while dismissing the petition, added that Masit failed to prove that the alleged coercion was made by Ogolla or any of the two officials.
Justice Nthiga ruled that if the three were enjoined in the suit, it would be engaging the court in unproductive and speculative action.
“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.
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