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Supreme Court in Kenya limits number of lawyers per party to 4, cites Covid-19, space limitations

KENYA – The Supreme Court has issued guidelines regarding the representation of parties in the petition hearings for the presidential election scheduled to take place this week.

The Supreme Court Registrar Letizia Wachira stated in a statement dated August 29 that the guidelines were influenced by the Covid-19 protocols already in place, the space constraints, security, and time structures.

Raila Odinga and Martha Karua, who are listed as the first and second petitioners in the lawsuit, are to have four counsel members, according to Registrar Wachira’s directive.

The IEBC will have four counsels, along with William Ruto and Rigathi Gachagua, who are listed as the first and second respondents, respectively.

The third respondent, Wafula Chebukati, will have a single attorney, just like commissioners Juliana Cherera, Julius Nyang’aya, Francis Wanderi, and Irene Massit.

Both petitioners John Njoroge Kamau and David Kariuki Ngare will be represented by two attorneys.

Peter Kihika, Youth Advocacy Africa, and the team of Khelef Khalifa, George Osewe, Ruth Mumbi, and Grace Kamau will all be represented by two counsels each.

Additionally, the team made up of Julia Chege, Joseph Ndonga, and Simon Njenga will represent Okiya Omutatah, Nyakina Gisebe, Victor Okuna, and John Maina.

Each of the Amicus Curiae, also known as the Friends of the Court, including the LSK, Senior Bar Counsel, Attorney General, ICJ Kenya, John Walubengo, Joseph Sevilla, and Martin Mirero, will be represented by an attorney.

Additionally, according to Registrar Wachira, the counsel will be required to wear robes during the main hearing even though they are not necessary during the Pre-Trial conference.

This is happening as the Pre-Trial conference gets underway today, Tuesday, August 30, where the court will make decisions about how to conduct and adjudicate the full hearing on Wednesday.

Those who want to watch the proceedings should go to High Court No. 1 if they have access badges. Those who do not have access can watch the proceedings from the comfort of their own homes.

According to Chief Registrar of the Judiciary Anne Amadi, who spoke on Monday, there will also be a team of eleven observer judges from Commonwealth countries who are already in the country.

The team is led by Tanzania’s ex-Chief Justice Mohammed Othman, Malawi Court of Appeal Justice Ivy Kamanga, and Lesotho Supreme Court of Appeal Justice Moses Chinhengo.

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