Supreme Court of Kenya Presidential Election Petitions Timelines – The Judiciary

The Supreme Court of Kenya is established under Article 163 of the Constitution and is at the apex of the Judiciary with the final authority in arbitration of disputes in the Country.

Judicial authority is derived from the people and exercised in accordance with the cardinal principles spelt out in Article 159(2) of the Constitution.

One of the key principles of administration of justice is that justice shall not be delayed.

Article 163 – 3- a

Article 163(3) (a) of the Constitution clothes the Supreme Court with original jurisdiction to hear disputes relating to the election of the President.

Pursuant to this, the Supreme Court (Presidential Election Petition) Rules, 2017 have been promulgated to ensure the smooth;

And expeditious disposal of any disputes relating to the election of the president. Article 140 (2) of the Constitution provides a timeframe;

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Court Hearings

Within which petitions filed in the Supreme Court may be heard. This is non-negotiable time
frame. The table below has been prepared as a guide to the process that would ensue.

TO FILE AND SERVE / ACTIVITYTIMELINESFROMPROVISION OF THE LAW
Filing Petition challenging the election7 daysDate of declaration of results by the IEBCConstitution of Kenya, 2010 Article 140 (1) & Supreme Court (Presidential Election Petition) Rules, 2017 Rule 6
Petitioner serves the respondent2 daysDate of filing the petitionSupreme Court (Presidential Election Petition) Rules, 2017 Rule 10
Response to petition4 daysDate upon receipt of serviceSupreme Court (Presidential Election Petition) Rules, 2017 Rule 11
Interlocutory Applications1 dayDate of filing the responseSupreme Court (Presidential Election Petition) Rules, 2017 Rule 17
Pre-trial Conference8 daysDate of filing the petitionSupreme Court (Presidential Election Petition) Rules, 2017 Rule 14
Hearing of the PetitionImmediately after pre-trial conference_______________Supreme Court (Presidential Election Petition) Rules, 2017 Rule 18
Determination of the Petition14 daysDate of filling the petitionConstitution of Kenya, 2010 Article 140 (2) & Supreme Court (Presidential Election Petition) Rules, 2017 Rule 23

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