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Supreme CourtOtherPetition 3, 4 & 5 of 2013 (Consolidated)

Kuria & 5 others v Hassan & 5 others (Petition 3, 4 & 5 of 2013 (Consolidated))

Supreme Court of Kenya
20 March 2013
1,007 words in judgment
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The bottom line

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Supreme Court ordered parties to stop debating election petition publicly and argue only in court.

What this practically means

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The Supreme Court of Kenya issued directions in the 2013 presidential election petitions. It ordered all parties, their supporters, and advisors to stop discussing the merits of the case outside the courtroom. Lawyers must warn clients that statements undermining the court's authority could have consequences. The media must report fairly, impartially, and responsibly, following the journalism code of conduct. The court also set a pre-trial schedule to manage the case efficiently.

Executive summary

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This judgment is a directions ruling by the Supreme Court of Kenya in three consolidated presidential election petitions challenging the validity of the March 4, 2013 presidential elections. The court, noting the immense public interest and extensive media coverage, issued pre-trial directions to ensure the efficient, effective, transparent, and impartial determination of the petitions. The court directed that all parties, their agents, supporters, and advisors must desist from prosecuting the merits of their cases outside the court. Advocates on record were charged with the responsibility of advising their clients about the consequences of conduct or statements that could undermine the court's authority. The media was directed to perform its functions in a fair, impartial, and responsible manner, strictly adhering to the code of conduct for journalism in Kenya. Additionally, the court ordered the preparation of a comprehensive checklist of documents for a pre-trial conference scheduled for March 25, 2013, with parties required to file responses by March 23, 2013. The ruling did not address the merits of the petitions but established procedural guidelines for their conduct.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.What was the role of advocates in relation to the conduct of their clients in presidential election petitions?
  2. 2.What was the role of the media in relation to their conduct in presidential election petitions?

Key legal issues

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01

What is the role of advocates in relation to the conduct of their clients in presidential election petitions?

Holding

Advocates on record have a responsibility to advise their clients about the consequences of conduct or statements that can undermine the authority of the court.

Reasoning

The court, being seized of the petitions, directed that parties and their agents must not prosecute the merits of their cases outside the court. To ensure compliance, the court placed a duty on advocates to counsel their clients on the implications of extra-judicial statements or conduct that could erode the court's authority, thereby preserving the integrity of the judicial process.

02

What is the role of the media in relation to their conduct in presidential election petitions?

Holding

The media must perform its functions in a fair, impartial and responsible manner, and strictly adhere to the code of conduct for the practice of journalism in Kenya.

Reasoning

Recognizing the immense public interest in presidential election petitions, the court acknowledged the media's constitutional mandate to inform the public. However, to ensure a fair trial and protect the integrity of the proceedings, the court directed that media coverage must be fair, impartial, and responsible, and must comply with the journalism code of conduct.

Legal principles established

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  • Parties must not argue the merits of a presidential election petition outside the court once the court is seized of the matter.
  • Advocates on record must advise clients about the consequences of conduct or statements that can undermine the court's authority.
  • Media must cover election petitions fairly, impartially, and responsibly, strictly adhering to the journalism code of conduct.
  • The court can issue pre-trial directions to ensure efficient, transparent, and impartial determination of election petitions.
  • All parties, agents, supporters, and advisors are bound by court directions to maintain the integrity of the judicial process.

Court orders

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  1. 1.The petitioners and respondents, and their agents, supporters or advisors are directed to desist from prosecuting the merits of their cases in any forum other than this court.
  2. 2.It is the responsibility of the advocates on record to advise their clients in these cases, about the consequences of conduct or statements that can undermine the authority of this court.
  3. 3.Media houses and individual journalists and commentators are to perform their functions in a fair, impartial and responsible manner, and strictly adhere to the code of conduct for the practice of journalism in Kenya at all times.
  4. 4.A comprehensive checklist of documents and relevant matter will be prepared and issued by the court to the advocates on record, in time for the pre-trial conference, scheduled to take place on the March 25, 2013.
  5. 5.Upon receipt of the said checklist, parties shall be required to prepare and file their responses in the Supreme Court registry on or before the March 23, 2013.

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

majority
majority
majority
Smokin Charles Wanjala
S C WanjalaSCJ
Currently serving
majority
Njoki Susanna Ndungu
N S NdunguSCJ
Currently serving
majority
Jurisdiction invoked
Article 163(4)(a) of the Constitution of Kenya (presidential election petitions)
Consolidated with
Petition 4 of 2013, Petition 5 of 2013

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

The court is now fully seized of the petitions challenging the presidential elections. Towards this end, the petitioners and respondents, and their agents, supporters or advisors are directed to desist from prosecuting the merits of their cases in any forum other than this court.
p. 3 Conduct of parties in election petitions
It is the responsibility of the advocates on record to advise their clients in these cases, about the consequences of conduct or statements that can undermine the authority of this court.
p. 3 Role of advocates
While the media must, in keeping with its constitutional mandate, continue to keep the public informed about the progress of these petitions, media houses and individual journalists and commentators are to perform their functions in a fair, impartial and responsible manner.
p. 3 Role of the media
A comprehensive checklist of documents and relevant matter will be prepared and issued by the court to the advocates on record, in time for the pre-trial conference, scheduled to take place on the March 25, 2013.
p. 3 Pre-trial directions

Key timeline

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2013-03-04
Presidential elections held in Kenya.
March 2013
Consolidated election petitions filed challenging the election results.
March 2013
Supreme Court issues directions ruling in Kuria & 5 others v Hassan & 5 others.
2013-03-23
Deadline for parties to file responses to the court's checklist of documents.
2013-03-25
Pre-trial conference scheduled by the Supreme Court.

Practical implications

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For lawyers

Counsel clients on extra-judicial statements

You must proactively advise clients, their agents, and supporters not to publicly discuss the merits of an election petition once the court is seized. Failure to do so may lead to sanctions or undermine the court's authority. Include this warning in your retainer letter and repeat it orally during the proceedings.

For businesses

Media must follow strict reporting rules

Media houses and journalists covering election petitions must ensure all reporting is fair, impartial, and responsible. Adhere strictly to the Media Council of Kenya's code of conduct. Assign a dedicated legal advisor to review election-related content before publication to avoid court censure or contempt.

For individuals

Avoid public debate on petition merits

If you are a party, supporter, or advisor in a presidential election petition, do not make public statements, social media posts, or hold press conferences arguing the case. The court has ordered that all arguments must happen only in the courtroom. Violating this could lead to legal consequences.

Frequently asked questions

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Can I discuss a presidential election petition publicly in Kenya?+

No, once the Supreme Court is seized of a petition, parties, their agents, supporters, and advisors must not argue the merits of the case outside the courtroom. This includes public statements, media interviews, or social media posts.

What are the media rules for covering election petitions in Kenya?+

Media houses and journalists must report fairly, impartially, and responsibly. They must strictly follow the Media Council of Kenya's code of conduct. The Supreme Court can penalize biased or irresponsible reporting that undermines the integrity of the proceedings.

What happens if a lawyer or client undermines the Supreme Court's authority in Kenya?+

The court has directed that advocates must advise clients about the consequences of conduct or statements that could undermine its authority. If ignored, the court may take disciplinary action against the lawyer or hold the client in contempt.

Why did the Supreme Court issue directions in Kuria v Hassan in 2013?+

The court issued directions to manage the high public interest in the 2013 presidential election petitions. It aimed to ensure efficient, transparent, and impartial proceedings by stopping extra-judicial arguments, guiding lawyers, and regulating media coverage.

Cite this brief

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Cite this brief

Caselaw, "Kuria & 5 others v Hassan & 5 others (Petition 3, 4 & 5 of 2013 (Consolidated))", Case Analysis (2013). Petition 3, 4 & 5 of 2013 (Consolidated). Source: https://new.kenyalaw.orghttps://new.kenyalaw.org/akn/ke/judgment/kesc/2013/3/eng@2013-03-20

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.