Rules for poll petitions published

By Harold Ayodo

Nairobi: Kenya: The Kenyan Judiciary has published new rules to guide hearing of election petitions after General Elections next month.

High Court Judge Luka Kimaru said the new Election Petitions Rules and Supreme Court (Presidential Election Petitions) Rules provided strict regulations for faster determination of election disputes.

Justice Kimaru was speaking during the Law Society of Kenya (LSK) Continuing Legal Education Seminar in Nakuru.

He said that the Judiciary had installed computer software to track and supervise the progress of election petitions.

“Judges and Magistrates hearing election petitions will not hear any other cases to ensure that disputes are resolved fast in line with the Constitution,” said Justice Kimaru.

He said that the Judiciary would not tolerate several applications for injunctions by lawyers in a bid to delay the suits.

Justice Kimaru said amendments had also been made to the Elections Act (2011) towards faster resolution of election disputes.

“Section 75 of the Elections Act has been amended to allow Magistrates’ Courts to hear petitions and appeals that would arise from counties,” Justice Kimaru said.

 “The new rules require the Independent Election and Boundaries Commission to produce ballot boxes in court within 48 hours before hearing a petition,” he said.

He added that IEBC would also be required to present in court official election results within 14 days of service.

“Election ballots will also be counted in only disputed polling stations and not the whole constituency as was done,” Kimaru said.

He further said the rules provided that Presidential candidates would be served suit papers via advertisements in newspapers with national circulations.

“The rules stipulate that the advertisements must cover at least a quarter page…service can also be direct or personal,” Justice Kimaru said.

Justice Kimaru, who is a member of the Judiciary Working Committee on Election Preparations, said the Judiciary anticipates 500 election petitions next month.

“We are prepared to hear 500 election petitions out of the over 1,800 seats to be contested in General Elections next month,” Justice Kimaru said.

He said that the Judiciary has sent a memo to Judges and Magistrates to volunteer to hear election petitions.

He said that the JWCEP would soon publish Court of Appeal Election Petitions Rules detailing procedures for hearing election petition appeals from the High Court.

He presented two legal papers titled An Overview of Judicial Preparations for Elections and Proposed Election Petition Rules.

“The Constitution is a game changer in election petitions...Presidential Petitions must be heard within 14 days and other petitions within six months,” Justice Kimaru said