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Procedure NASA will go through to file petition in the Supreme Court
By Moses Njagih | Updated Aug 18, 2017 at 11:57 EAT
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NASA presidential candidate Raila Odinga
SUMMARY

Jubilee Party has welcomed the National Super Alliance's (NASA) decision to contest the election in Supreme Court

But before the case begins, NASA will have to follow a certain procedure in order to file the petition

Filing of the petition

Article 140 (1) of the Constitution stipulates that all petitioners who intend to file petitions challenging the presidential elections have seven days from the date of declaration of the results by the commission within which to file such petitions.

Service of the petition

The Rules provides for two modes of service. Under Rule 10 (1) the petitioner is required within two days of filing of the petition, to serve the same upon the respondent directly or by advertisement in a newspaper with national circulation. Rule 10 (2) further requires the petitioner to electronically serve the respondent within six hours of filing of the petition.

Response to Petition:

Similarly, Rule 11 gives the petitioner who wishes to oppose the petition four days within which to respond to the petition.

Close of Pleadings and Interlocutory Applications

The pleadings shall close upon filing of a response or notice of intention not to oppose. Interlocutory applications shall be made one day after the close of proceedings and shall be determined before the hearing commences.

Pre-trial Conference

Rule 15 provides for the pre-trial conference. This shall be done on the eighth day after the filing of the petition.

Hearing of the Petition

Immediately after the pre-trial conference the court shall commence the hearing of the petition under Rule 18 of the Presidential Election Petition Rules.

Final Determination

By the fourteenth day the court will be expected to deliver its verdict. In this regard, the court may give its decision and reserve the reasons for the decision to a later date. This has been provided for under Rule 23 of the Presidential Election Petition Rules.

 

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