Maraga gives directions on hearing of poll petition cases

Wednesday November 8 2017

Chief Justice David Maraga

Chief Justice David Maraga who has given directions for the hearing of the three election petitions filed at the Supreme Court. PHOTO | JEFF ANGOTE | NATION MEDIA GROUP 

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Chief Justice David Maraga Wednesday gave directions for the hearing of the three election petitions filed at the Supreme Court.

The CJ directed that all the respondents in the cases are expected to file their responses by Sunday, November 12 at 5pm.

The petitioners, the CJ added, should then file and serve their written submissions by 5pm on Monday.

He said the submissions will be limited to 30 pages.

Any party wishing to join either of the cases have been directed to file and serve their applications and written submissions by midday Monday, November 13. Their submissions will be limited to five pages.

And if any of the petitioners had any further responses, they should file and serve them by 5pm on the same day.


Any party seeking to join the case as an amicus have been directed to file their application by 5pm on Monday. The submissions of the amici will also be limited to five pages.

The three petitions include one filed by Njonjo Mue together with Khelef Khalifa, another by former assistant minister Harun Mwau.

Both cases are contesting the October 26 poll arguing that the withdrawal of Nasa leader Raila Odinga from the case meant that the poll was void.


Mr Mue and Mr Khalifa argue that the Independent Electoral and Boundaries Commission (IEBC) did not conduct the fresh election in strict conformity with the Constitution and the applicable laws.

They also accuse the electoral body of disregarding the directives of the Supreme Court, when the judges nullified the August 8 presidential election on September 1.

A third case filed by Institute for Democratic Governance, seeks to find National Super Alliance leaders Raila Odinga, Kalonzo Musyoka, Musalia Mudavadi as well as Senators James Orengo and Moses Wetang’ula liable for damages and loss ahead of the poll.

The organisation, through lawyer Kioko Kilukumi, accuses Nasa leaders of engaging in serious electoral malpractices and irregularities during the repeat poll.

They accuse the Nasa leaders of violating the rights of the citizens and they want the court to find them unfit to hold public office under Chapter 6 and Article 137 of the constitution.