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Case Brief · caselaw.co.ke
Supreme CourtAllowedPetition 7 of 2018

Mohamed Abdi Mahamud v Ahmed Abdullahi Mohammad & 4 others; Muktar (Intended Interested Party)

Supreme Court of Kenya
28 September 2018
500 words in judgment
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The bottom line

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A running mate can join an election petition if directly affected by the outcome.

What this practically means

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The Supreme Court allowed a deputy governor to join a case challenging the election that brought him to office. The court said the running mate has a direct stake in the result because his own position would be lost if the election is invalidated. This decision follows earlier rules that anyone with a clear legal interest in a case can ask to be part of it.

Executive summary

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This is a ruling on an application by Ahmed Ali Muktar, the running mate of the Appellant in the election for Governor of Wajir County and the Deputy Governor of the said County, seeking to be joined as an interested party in Petition No. 7 of 2018. The applicant argued that he has a direct and legitimate interest in the petition because he was the running mate of the Appellant and would suffer prejudice if not enjoined, as the outcome of the petition directly affects his position as Deputy Governor. The Supreme Court, by a unanimous decision, allowed the application. The court found that the applicant met the principles laid down in Trusted Society of Human Rights Alliance v Mumo Matemu and Francis Karioki Muruatetu & another v Republic, which require an interested party to have an identifiable stake in the matter. Specifically, the court held that the applicant, as the running mate and Deputy Governor, would be directly affected by the outcome of the petition in the event of invalidation of the declared results. The court made no order as to costs.

Questions the Court framed

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

  1. 1.Whether the Applicant qualifies to be joined as an interested party in Petition No. 7 of 2018

Key legal issues

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01

Whether the applicant has a legitimate interest to be joined as an interested party in the election petition.

Holding

The applicant, having been the running mate of the Appellant and the Deputy Governor of Wajir County, has a direct and identifiable stake in the matter and qualifies for joinder.

Reasoning

The court applied the criteria from Trusted Society of Human Rights Alliance v Mumo Matemu and Francis Karioki Muruatetu & another v Republic, which require an interested party to have an identifiable stake or legal interest in the proceedings. The applicant, as the running mate and Deputy Governor, would be directly affected if the election results were invalidated, as his own election as Deputy Governor would also be nullified. Therefore, he has a legitimate interest that warrants joinder.

Legal principles established

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  • A running mate has a direct and identifiable stake in the outcome of an election petition challenging the results.
  • To join as an interested party, a person must show a legal interest that will be affected by the case.
  • The court applied the criteria from Trusted Society v Mumo Matemu and Muruatetu cases.
  • Joinder is allowed even if the person was not an original party to the petition.
  • The court did not order any party to pay costs for the joinder application.
  • The decision was unanimous, meaning all judges agreed on the principle.

Court orders

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  1. 1.The Application is allowed

The bench

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

majority
Philomena Mbete Mwilu
P. M. MwiluDCJ
Currently serving
majority
majority
majority
Smokin Charles Wanjala
S. C. WanjalaSCJ
Currently serving
majority
Njoki Susanna Ndungu
S. N. NdunguSCJ
Currently serving
majority
Isaac Lenaola
I. LenaolaSCJ
Currently serving
majority
Jurisdiction invoked
Rule 25 of the Supreme Court Rules

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 Application is allowed
p. 3 Final orders
the applicant having been a running mate to the Appellant and the Deputy Governor, Wajir County, will be directly affected by the outcome of the Petition in the event of invalidation of the declared results.
p. 3 Interested party joinder criteria

Key timeline

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After the 2017 gubernatorial election
Ahmed Ali Muktar became Deputy Governor of Wajir County as running mate to the elected Governor.
2018
An election petition (No. 7 of 2018) was filed challenging the Governor's election.
Before the petition hearing
Muktar applied to join the petition as an interested party.
Ruling date
The Supreme Court allowed the application, permitting Muktar to join the case.

Practical implications

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For lawyers

Joinder strategy for running mates

When representing a running mate in an election petition, file a joinder application early. Cite the Trusted Society and Muruatetu principles. Show that invalidation of the governor's election will also remove the deputy, giving a direct legal stake. This ensures your client's right to be heard.

For businesses

Election stability affects county contracts

If you do business with a county government, monitor election petitions closely. A successful petition that removes both the governor and deputy governor can disrupt county leadership and contracts. The deputy governor's right to join the case means the challenge may take longer, but also gives more voices to the outcome.

For individuals

Know your stake as a running mate

If you are a running mate in a Kenyan election, you have a right to protect your position. If someone challenges the election results, you can ask the court to let you join the case. Show that the outcome directly affects you, for example, that you would lose your office. The Supreme Court has confirmed this right.

Frequently asked questions

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What is an interested party in a Kenyan election petition?+

An interested party is a person who is not the original petitioner or respondent but has a direct legal interest in the case. In election petitions, this includes candidates or running mates whose positions are at stake. The court allows them to join to present their side of the story.

Can a deputy governor join an election petition in Kenya?+

Yes. The Supreme Court ruled that a deputy governor who was a running mate to the governor has a direct stake in the outcome. If the governor's election is invalidated, the deputy also loses office. Therefore, the deputy can apply to join the petition as an interested party.

What criteria does the Supreme Court use for joinder in election cases?+

The court uses the principles from Trusted Society v Mumo Matemu and Francis Muruatetu cases. The applicant must show an identifiable stake or legal interest in the proceedings. For a running mate, the interest is that the petition's outcome directly affects their own election as deputy governor.

Does a running mate have a right to be heard in an election petition in Kenya?+

Yes, if the running mate can show a direct interest. The Supreme Court allowed a deputy governor to join and be heard because invalidation of the results would also nullify his own election. This right is not automatic but must be proven by showing the case affects him personally.

Cite this brief

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Cite this brief

Caselaw, "Mohamed Abdi Mahamud v Ahmed Abdullahi Mohammad & 4 others; Muktar (Intended Interested Party)", Case Analysis (2018). Petition 7 of 2018. Source: https://new.kenyalaw.orghttps://new.kenyalaw.org/akn/ke/judgment/kesc/2018/26/eng@2018-09-28

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