But the Chama Cha Kazi party leader in his petition had urged the apex court to throw out Odinga’s suit on grounds that he was involved in election malpractices.
Kuria had further accused Raila Odinga and his agents of deliberately causing chaos in a bid to obstruct IEBC Chairman Wafula Chebukati from executing his lawful duty in respect of the Presidential election.
However, on Tuesday, August 30, the Supreme Court rejected three applications including that of former Gatundu South MP Moses Kuria.
The court further directed that Moses Kuria be refunded his KSh 1 million deposit.
In a petition filed jointly with Geoffrey Muturi, Kuria accused Raila Odinga’s Chief agent Setiabo Ole Kanchori of causing a scene by shouting “this place is a crime scene” at the Bomas tallying center an announcement that he says subsequently led to interference with the verification area.
“An order directing the Director of Criminal Investigations in conjunction with Director of Public prosecutions to commence investigations over the impugned actions of the 1st Respondent in person as well as the actions of the agents of the 2nd Respondents with a view of preferring criminal charges for the commission of electoral offenses under The Elections Offences Act,” He argues.
The Apex Court further rejected President-elect William Ruto’s request to bar the Law Society of Kenya (LSK) from being enjoined in the 2022 election petition.
The apex court also rejected the application by Agano party leader David Mwaure to be enjoined in the case.
It also rejected the application to lock out individual Independent Electoral and Boundaries Commission (IEBC) commissioners from the petition.