Judiciary Sets Deadline for Filing a Presidential Election Petition
Following the declaration of William Ruto as the president-elect by the Independent Electoral and Boundaries Commission (IEBC) chairperson Wafula Chebukati, the Judiciary issued guidelines for filing presidential election petitions.
All advocates, litigants, and members of the general public have been advised to file their petitions at the Supreme Court sub registry located at Forodha House adjacent to Milimani Law Courts along Upper Hill Close Road, according to a notice dated Monday, August 15.
Parties seeking legal redress over the presidential election outcome were also told to submit their papers 14 hours before the deadline, on Tuesday, August 23.
“Take further notice that, under Rule 7(3) of the Supreme Court (Presidential Election Petition) Rules, 2017, where the petition is filed on the last available day of filing, it shall be filed before 1400hrs of that day,” the notice it read in part.
The seven-day deadline is specified in the 2010 Promulgated Constitution and the 2017 Supreme Court Presidential Election Petition Rules.
These regulations specify the contents of the petition, such as the petitioner’s name and address, the date of the election in question, the date of the declaration of results, and the grounds for the petition.
The petitioners will have 24 hours to serve the defendants.
“Within 6 hours of petitioning, the petitioner ought to serve the respondents in the case with the petition through electronic means, nationwide circulation of newspapers or serving it directly to the respondents,” Judiciary’s statement read in part.
“The President of the Supreme Court further directed that upon parties being served, they will have 4 days to file their responses. They may be accompanied by replying affidavits sworn by the respondents and any witnesses, setting out the substance of the evidence relied on,” the notice added.
The Supreme Court has 14 days after the case is filed to hear and decide the petition. The decision of the court on whether to uphold or annul the election would be final.
Azimio leaders claimed that the IEBC portal had been compromised, prompting the notice. They claimed to have gathered evidence to back up their claims, led by chief agent Saitabao Kanchori.
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“We have intelligence reports that the IEBC system was penetrated and hacked and that some of the IEBC officials had actually committed intellectual offences and some of them ought to be arrested,” Kanchory stated.
“We were not in any position to ask our party leader to come before we actually verify results, which we have not done,” he added.
