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 / ACTIVITY | TIMELINES | FROM | PROVISION OF THE LAW |
| Filing Petition challenging the election | 7 days | Date of declaration of results by the IEBC | Constitution of Kenya, 2010 Article 140 (1) & Supreme Court (Presidential Election Petition) Rules, 2017 Rule 6 |
| Petitioner serves the respondent | 2 days | Date of filing the petition | Supreme Court (Presidential Election Petition) Rules, 2017 Rule 10 |
| Response to petition | 4 days | Date upon receipt of service | Supreme Court (Presidential Election Petition) Rules, 2017 Rule 11 |
| Interlocutory Applications | 1 day | Date of filing the response | Supreme Court (Presidential Election Petition) Rules, 2017 Rule 17 |
| Pre-trial Conference | 8 days | Date of filing the petition | Supreme Court (Presidential Election Petition) Rules, 2017 Rule 14 |
| Hearing of the Petition | Immediately after pre-trial conference | _______________ | Supreme Court (Presidential Election Petition) Rules, 2017 Rule 18 |
| Determination of the Petition | 14 days | Date of filling the petition | Constitution of Kenya, 2010 Article 140 (2) & Supreme Court (Presidential Election Petition) Rules, 2017 Rule 23 |
