6 Things That Happen During Pre-Trial Conference at Supreme Court

Supreme Court Judges during a past court hearing
Supreme Court Judges during a past court hearing
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The Supreme Court on Monday, August 29, announced the time and venue for the pre-trial conference for the presidential election petition.

In a notice issued by Supreme Court Registrar, Letizia Wachira, the Judiciary noted that the conference would begin at 11am on Tuesday, August 30, at the Milimani Law Courts Ceremonial Hall.

Kenyans.co.ke looks at what will happen during the pre-trail conference.

Lady Justice Martha Koome (center) and the other members of the Supreme Court bench.
From Left: Supreme Court judges Isaac Lenaola, Smokin Wanjala, Philomena Mwilu, Martha Koome, Mohammed Ibrahim, Njoki Ndungu and William Ouko taking a photo outside the Supreme Court in September 2022.
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The Judiciary of Kenya

The seven-Judge bench led by Chief Justice Martha Karambu Koome will call upon the litigants of the nine petitioners to establish issues that they agree upon and those that are disputed.

Based on this, the court frames the issues and the Judges make a decision on whether or not it will consolidate the nine petitions.

The Apex Court will then issues directions to ensure parties comply with pre-trial conferences. This includes deciding on the number of advocates it will allow on behalf of each party.

In addition, the bench may approve or reject inquests by the interested parties to be enjoined in the case as amicus curiae and if allowed, the extent of contributions they will be allowed to make.

CJ Koome will then allocate time to each party to address the court during the hearing, and give directions on where the legal teams representing the petitioners and respondents will be seated.

If need arises, the Judges may issue orders with respect to ensuring fair determination of the petition.

Eight petitions were filed at the Apex Court challenging the declaration of Deputy President, William Ruto, as the president-elect by Independent Electoral and Boundaries Commission (IEBC) Chairman, Wafula Chebukati.

The petition will be heard by CJ Koome and Justices Philomena Mwilu (Deputy Chief Justice), Smokin Wanjala, Njoki Ndungu, Isaac Lenaola, Mohamed Ibrahim, and William Ouko.

According to constitutional guidelines, the Supreme Court is expected to give a ruling on or before Monday, September 5, 2022.

From left:  Wiper leader Kalonzo Musyoka, Narc Kenya leader Martha Karua, former Prime Minister Raila Odinga, Paul Mwangi and Siaya governor-elect James Orengo at the Supreme Court registry on August 23, 2022.
From left: Wiper leader Kalonzo Musyoka, Narc Kenya leader Martha Karua, former Prime Minister Raila Odinga, Paul Mwangi and Siaya governor-elect James Orengo at the Supreme Court registry on August 23, 2022.
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Raila Odinga