Presidential election petition is a formal process of contesting the outcome of the Presidential results declared by the Independent Electoral and Boundaries Commission (IEBC).
Once Presidential results are declared by the IEBC and it occurs that there is a party/parties that would like to file a petition challenging the results, here is a summary of what happens.
Filing a Presidential Election Petition
It may be filed within 7 days by a candidate or any person wishing to challenge the election of the President-elect, or any aspect of an electoral process after the declaration of Presidential results by the IEBC.
Servicing of the Petition
This refers to a petitioner serving the respondent(s) with the court documents within 24 hours.
The petitioner refers to the person(s) who presents a petition while respondents can easily be referred to as the person(s) being challenged by the petitioner.
Filing and Service of Responses
Can be referred to the respondents compiling and presenting their responses at the Supreme Court registry within 4 days.
Filing of Rejoinder
Refers to the petitioner(s) replying to the issues raised by the respondents in the responses they gave.
This happens within 24 hours of service of responses
Filing and Service of Interlocutory Applications
In the context of Kenya’s Presidential election petition, interlocutory petitions are requests made to the Supreme court by any of the parties involved regarding orders/things they would wish fulfilled to help them in executing their cases.
This is done at the close of pleadings on the same day when filing of rejoinder is done.
Pre-trial
This can be explained as a setting/session for all parties and the judge to consider consolidation of petitions in cases where more than one petition is filed and to also give directions specifying the place and time of the hearing of the petition.
This will be held on the 8th day from the date of when the filing of the Presidential election petition is done.
Hearing
Hearing of the petition takes place after the pre-trial conference in the Supreme Court.
Judgement
A judgement will then be issued by the Supreme Court after the hearing is done.
