AG Paul Kariuki: I will not oppose petitions seeking to nullify William Ruto’s victory
Attorney-General Paul Kihara Kariuki.
Attorney-General Paul Kihara Kariuki has filed a notice at the Supreme Court indicating that he will not be opposing the eight petitions seeking to nullify the August 9 presidential election in what is a first in Kenya’s polls history.
While Mr Kariuki was not the office holder in 2013 and 2017, his predecessors opposed all petitions that sought to nullify election results in both years.
In 2017, there were two presidential elections that attracted nullification petitions from Prof Githu Muigai, who was then the Attorney-General.
Prof Muigai was in both years admitted to the presidential petitions as Amicus curiae, the legal lingo for a friend of the court. A friend of the court is allowed to submit to judges on points of law that could assist in reaching a judgment. While Mr Kariuki’s office will not oppose the petitions, in court it does not mean that the Attorney-General will support the calls for election nullification.
He can opt to remain neutral in court, and only offer legal opinions that could contribute to the determination judges offer.
Under Kenyan law, all parties to such petitions are required to declare whether they will support or oppose the motion being presided over by judges.
“Take notice that the Hon. Attorney General, the 9th respondent herein, pursuant to Rule 11(2) of Supreme Court Presidential Election Rules, 2017 which requires a party to indicate whether they intend to oppose the petition, hereby signifies to the honourable court that he does not intend to oppose the petition,” Solicitor-General Kennedy Ogeto says on behalf of Mr Kariuki in the petition filed by Busia Senator-Elect Okiya Omtatah.
The Attorney-General has been listed as a respondent in petitions by Mr Omtatah and Youth Advocacy Africa, and an interested party by John Njoroge.
Azimio coalition candidate Raila Odinga and his running mate Martha Karua have, however, not listed Mr Kariuki in their suit.
Mr Ogeto yesterday said that the Attorney-General will oppose the petition filed by former Gatundu South MP Moses Kuria, which seeks to block the Supreme Court from declaring Mr Odinga the winner of the election.
Mr Kuria argues that on account of violence allegedly instigated by members of Mr Odinga’s Azimio la Umoja One Kenya Alliance, Mr Odinga should be held directly responsible and blocked from being declared president even if a recount shows that he won.
Mr Ogeto said that the Attorney General will challenge the Supreme Court’s authority to hear the case.
