Poll losers have one week to file petitions

Former Embu Senator, Lenny Kivuti (second right) together with his gubernatorial running mate Emilio Kathuri (left) and supporters carry documents before filing an election petition against election of Governor Martin Wambora at the Embu law courts on August 25, 2017. All election losers have only one week to file petitions. PHOTO | CHARLES WANYORO | NATION MEDIA GROUP

What you need to know:

  • Despite an expectation by the Judiciary to receive up to 200 election petitions this year, only 24 had been filed by August 28

  • Those challenging election of governor, senator and woman representative and MPs will pay Sh30,000 to the High Court while those challenging election of an MCA will part with Sh15,000.

  • An appeal from the magistrates’ court will be heard and determined by the High Court within three months.

The Supreme Court judgment that annulled President Uhuru Kenyatta’s win could open the floodgates for an avalanche of similar suits for the other five elective seats.

Any person that intends to challenge the outcome of the elections of governor, senator, Member of Parliament, Woman Representative, and Member of County Assembly have only this week to file the suit.

The law allows a period of 28 days after the declaration of the results within which to file cases.

And that the apex court found the Independent Electoral and Boundaries Commission (IEBC) guilty of hurting the integrity of the August 8 presidential vote might fuel renewed sense of litigation from losers who would have otherwise not filed a case.

188 PETITIONS

“The court was satisfied that the 1st Respondent (IEBC) committed irregularities and illegalities inter alia, in the transmission of results, particulars and the substance of which will be given in the detailed and reasoned Judgment of the court,” the Supreme Court ruled on Friday.

Despite an expectation by the Judiciary to receive up to 200 election petitions this year, only 24 had been filed by August 28.

At least 188 petitions were filed in the courts in 2013, including at the Supreme Court where opposition leader Raila Odinga challenged the declaration of President Uhuru Kenyatta as the winner.

On Saturday, Siaya governorship loser Nicholas Gumbo became the first of the many expected to file their suits, following Mr Odinga’s win in court.

“My team of experts have unearthed discrepancies that are unimaginable to say the least and we shall lay bare the shenanigans that occurred during the tallying.

CASES

Kenya’s father of democracy Raila Odinga has led by example and we shall also be on course to expose yet another kifaranga ya kompyuta,” Mr Gumbo, who lost to ODM’s Cornel Rasanga, said.

Those that had filed their cases by Monday, according to a tabulation by the Judiciary, are Embu governorship loser Lenny Kivuti challenging the declaration of Mr Martin Wambora as the winner.

Other cases that have been filed is one challenging senator results in Kirinyaga and 22 others challenging MCA results in 15 different courts across the country.

“Election disputes used to take a very long time at times even beyond the life of Parliament and this is because there were no timelines. But now, the Constitution demands of us that an election petition has to be determined in six months and the same applies to appeals. So it is envisaged that within one year no petition should be pending in courts,” Justice Msagha Mbogholi said a month to the polls.

Justice Mbogholi chairs the Judiciary Committee on Elections after taking over from Justice David Maraga when he was appointed Chief Justice and President of the Supreme Court.

LITIGIOUS BAHAVIOUR

Even before the elections, Kenyans’ litigious behaviour had shown up with 305 cases being filed at the Political Parties Disputes Tribunal, out of which 125 ended at the High Court as appeals.

In rules developed by the Judiciary to cover the petitions this year, those challenging election of governor, senator and woman representative and MPs will pay Sh30,000 to the High Court while those challenging election of an MCA will part with Sh15,000.

The amount paid to the High Court and magistrates’ court will be besides another Sh100,000 that will be used as security which will be refunded. 

An appeal from the magistrates’ court will be heard and determined by the High Court within three months.

They also state that a case will not end in an event a person who filed it dies.