Presidential petition: The timeline
What you need to know:
Once the case is filed, the party must serve the respondents— who include the Independent Electoral and Boundaries Commission and its chairman Wafula Chebukati as well as president-elect Kenyatta— within two days.
The service of the court documents can be done directly or through a newspaper advertisement.
Monday, November 6, marks the end of the period within which any party dissatisfied with the October 26 repeat presidential election can challenge President Uhuru Kenyatta’s win.
Supreme Court registry is expected to remain open up until midnight for any party to file a case.
7 DAYS
The Constitution has set seven days, within which any party can challenge the presidential outcome.
Once the case is filed, the party must serve the respondents— who include the Independent Electoral and Boundaries Commission and its chairman Wafula Chebukati as well as president-elect Kenyatta— within two days.
The service of the court documents can be done directly or through a newspaper advertisement.
The respondents must then file their replies within four days of being served and the applicants then have four days to put in additional material to the petition.
A pre-trial conference will be held after eight days and the hearing starts immediately after the conference.
HEARING
The Supreme Court has four days to hear and determine the dispute.
If the case is not knocked out at the preliminary stage, hearing will start on Monday, November 13.
By November 16, the court must decide whether to uphold President Kenyatta’s win or send Kenyans to the polls within 60 days, one more time.
Should they uphold President Kenyatta’s win, he will be sworn in together with his deputy William Ruto on November 23, or seven days after the Supreme Court renders its decision.
So far, several groups, among them “We-the-People”, have indicated that they will be challenging the poll outcome at the country’s highest court.
RAILA
Among the grounds they will use for the nullification of the results is whether the withdrawal of National Super Alliance (Nasa) candidate Raila Odinga affected the poll and whether the fresh election was conducted within the provisions of the Constitution.
Here is a summary of the timeline:
November 6: Last day for any aggrieved party to file case at the Supreme Court
November 8: Service of the petition to the respondents
November 12. Respondents file their responses
November 16: Last day for the Supreme Court to decide on the matter
November 14: Swearing-in of President Kenyatta if no petition is filed
November 23: Swearing-in of President Uhuru Kenyatta if court upholds his win
