Election petitions to cost over Sh2 billion as numbers keep increasing

The Judiciary says it is expecting up to 300 petitions before Friday’s deadline

The cost of filing and litigating election petitions could rise to over Sh2 billion as more cases were filed across the country.

By Wednesday, more than 100 petitions challenging the election of governors, senators, MPs, woman representatives, and MCAs had been filed in various courts.

The bulk of the money will go to paying lawyers hired by election losers, those whose wins are being challenged, and the Independent Electoral and Boundaries Commission (IEBC).

In 2013, IEBC alone spent Sh2 billion on external lawyers it hired to defend the commission against petitions. This figure is expected to as the numbers of petitions is likely to surpass the 188 filed after the 2013 elections.

The Judiciary says it is expecting up to 300 petitions before Friday’s deadline.

Under the Election Petitions Rules, any person challenging the election of governor, senator, MP, and woman representative must deposit Sh500,000 for security costs in addition to Sh30,000 filing fees.

This means that from the 60 cases challenging the election of governors, senators, MPs, and women representatives, the Judiciary has collected Sh33 million for security and filing charges and Sh8 million from the more than 70 cases for MCAs.

A lawyer handling one of the petitions said the elections outcome has presented them ‘a time to reap’ millions of shillings in legal fees due to the complexity of the cases.

Best legal team

“It is definitely a good time for lawyers, given politicians want to do everything possible to be declared the winners. The petitioners would want to assemble the best legal team to prove their cases while the respondents would also assemble the best team to protect their victories,” said the lawyer.

Although the Advocate Remuneration Act provides guideline on legal fees, the amount charged may vary depending on the seniority, experience, reputation, and capacity of the law firm.

The Act provides that an advocate may charge his fees on an hourly rate or as they may agree with the client from time to time. The Act further provides that lawyers should charge not less than Sh500,000 for presenting or opposing an election petition.

Some law firms charge up to Sh500,000 per hour of litigation, and given the long hours and days election petitions take to conclude, they will be minting millions of shillings from politicians.

“Such fees for petitions are justified due to the care and labour required, the number and length of the papers to be perused, the nature or importance of the matter, the value of the subject matter involved, the interest of the parties, and complexity of the matters,” says the Act.

Court attendance

Also, lawyers must be paid for court attendance, their transport from home must be catered for, and in a case where the lawyer lives outside the court’s jurisdiction, the Act provides that the politician must cater for all travel and accommodation.