CJ Willy Mutunga calls for review of presidential petition’s timeline

NAIROBI: Chief Justice Willy Mutunga wants Parliament to review the constitutional period set for determination of election petitions.

Dr Mutunga yesterday cited the insufficient time given to settle the 2013 presidential election dispute at the Supreme Court.

His sentiments came a week after the Independent, Electoral and Boundaries Commission (IEBC) chairman Isack Hassan challenged the leadership of the National Assembly to consider amendments to the Elections Act to ensure effective adherence to the election timetable. Yesterday, during the launch of three books authored by the Judiciary working committee on election, the CJ said the Supreme Court needed more time to determine the presidential electoral dispute.

According to Mutunga, the 14 days given under article 140(2) are not enough for the seven judges to make a conclusive decision. He proposed at least a 30-day period to determine a presidential election petition.

"When the country has a moment to review and further perfect the 2010 Constitution, it should consider the proposal to amend Article 140(2) of the Constitution to extend the period of 14 days therein to 30 days to give the Supreme Court sufficient time to properly determine the presidential petitions, and without exposing the country to an inordinate delay in settling any dispute," Mutunga said.

The CJ also noted that in the 2013 elections there was uncertainty on which institution ought to give the final decision on party primaries. He said the IEBC and the Political Parties Dispute Tribunal (PPDT) have conflicting roles.

He suggested that Article 88(4)(e) of the Constitution should be amended to give PPDT the ultimate authority to determine pre-election disputes. "We should consider amending the Constitution to vest the PPDT with the exclusive jurisdiction to determine pre-election disputes arising from party primaries," he said.