The last two elections have seen the Presidential results contested and petition to the Supreme Court. “Article 163(3a) of the Constitution confers on the Supreme Court original jurisdiction to hear and determine disputes relating to the election of the president. Pursuant to this, the Supreme Court (Presidential Election Petition) Rules, 2017 have been promulgated to ensure smooth and expeditious disposal of any dispute relating to the election of the President,” Chief Justice Martha Koome said in the Sunday press statement.

During this August polls, the Supreme Court of Kenya on 7th August 2022 gave the guidelines of this year if any petition is to be filed. According Lady Chief Justice Koome, filing of the petition challenging the election should be done with 7 days after date of Declaration of results by IEBC. This is done under the provision of Article 140 (1) and Supreme Court (Presidential Election Petition) Rules 2017, Rule 6. The petitioner then has 24 hours to serve the respondent with suit papers from the time of filling his or her petition.

Response to Petition filled and served will be done within 4 days after date of service of the petition. Upon being served with the petition, the respondent will have four days within which to respond to the issues raised and to serve the petitioner with his replying affidavit. The petitioner will then have 24 hours to file and serve his rejoinder to the petition after which both the petitioner and respondent will have another 24 hours to file and serve their introductory applications to the presidential petition.

The Third Party (Friend of the Court) have an opportunity to make an application. Immediately after the Pre-trial Conference commences for 8 days. Immediately after the trial begins and Determination should be served within 14 days. The chief Justice emphasised “This is a non-negotiable time frame.” Remember 50% plus one vote will determine the winner as you vote today.