Independent Electoral Commission of Kenya v Kiwanuka and Another (Application No.47 of 2022)
Independent Electoral Commission of Kenya v Kiwanuka and Another (Application No.47 of 2022) [2024] EACJ 13 (28 November 2024) (First Instance Division)
The Court held that intervention under Article 40 of the Treaty and Rule 59(4) of the Rules is discretionary and requires the Applicant to demonstrate a direct, immediate, and substantial interest in the proceedings that is not already represented by existing parties. The Independent Electoral and Boundaries Commission of Kenya's interest was found to be tangential and duplicative of the Attorney General's, as the 2nd Respondent already adequately represents the interests of Kenyan government institutions. The Applicant failed to show that its intervention would add unique insights or was ind…
Source excerpt
- Intervention Threshold
- Standing Of State Organs
- Treaty Interpretation
- Election Disputes
- Joinder Of Parties