Presidential candidates willing to challenge the August election results in court will be required to pay Sh1 Million as security, Chief Justice David Maraga has announced.
In a Gazette notice, the Chief Justice also stated that the petitioners will pay an additional non-refundable fee of Sh500,000 for filing the case.
After the petition, any party filing a response will be required to pay Sh20,000 for the Supreme Court to consider it and a further Sh4,000 for filing a notice of intention to oppose the petition.
Law Society of Kenya (LSK) Deputy Chairman Faith Waigwa noted that the new rules will prevent litigants from clogging the courts with petitions.
"The fees are fair and will help keep away people who flood courts with unnecessary cases. During the party nominations, Jubilee had a very high number of cases because the filing fee was Sh1,000. A total of 500 cases were filed by dissatisfied aspirants," Waigwa noted.
She added,"I do not think the fees set by the Judiciary lock out people from filing election petitions. They will only ensure people are not filing frivolous cases."
The CJ also set a Sh30,000 fee for those challenging the position of a governor, senator, woman representative and member of parliament (MP) while those challenging the position of a member of county assembly (MCA0 will part with Sh15,000.
The petitioners will also pay an additional security fee of Sh100,000 to the High Court and Magistrates which will be refundable.
The new regulations were set to replace the Elections (Parliamentary and County Elections) Petition Rules used in 2013.
The rules have been met with opposition by a section of politicians who argue the fees are too high and would be a hindrance to justice.
Nominated Senator and ODM Secretary Agnes Zani and Kajiado West MP Moses ole Sakuda argued that the fees would prevent genuine petitioners from getting justice.
On the other hand, Makueni Senator Mutula Kilonzo Jnr and Gem MP Jakoyo Midiwo, Kikuyu MP Kimani Ichungwa (Kikuyu) and Kieni MP Kanini Kega supported the move by the Judiciary adding that it would help keep away jokers.
