The President of the Supreme Court of Kenya, Chief Justice Martha Koome, has set tough ground rules which the parties involved in the presidential election will abide by during the hearing of the case.
Speaking on Tuesday, August 30, during the pre-trial conference at the Milimani Law Courts, the CJ announced rules touching on time and the conduct to be upheld inside the premises.
Time
Lady Justice Koome called on the litigation teams to be punctual and adhere to the timelines given by the court. Earlier, she declared the time allowed for each petitioner, respondent and other parties in court. She accorded 15 minutes to 3 hours depending on the petitioners and respondents.
The Judiciary boss noted that the court will not grant an extension of time during the hearing. In addition, she added that any extra time cannot be shared by litigants and will be reverted to the court.
"Once a party has exhausted allocated time, the microphone will be switched off. If there is time that is unspent by the counsel, the time belongs to the court. We will not allow anybody to donate but revert it back to the court for it to share it out according to its generosity or lack of it," she explained.
Language
The seven-judge bench ruled that the counsels representing the parties should uphold the dignity of the apex courts. It warned the advocates against using vulgar language while making submissions before the court.
"We expect parties to conduct themselves with decorum to preserve the dignity of the court and the proceedings bearing in mind the provisions of Section 28 of the Supreme Court Act,"
"Courtesy must be observed at all times. The court will not tolerate offensive language," she affirmed.
Conduct In Court
The Supreme Court has also installed measures to ensure that there are no disruptions during the hearing. For instance, the use of cell phones during the hearing was limited.
"Cell phones must be switched off or left in a silent mood," Koome declared.
She, however, allowed movements during court proceedings to be as discrete as possible and further directed that even judges were allowed to take nature breaks.
"During the hearing, unnecessary movement and disruption when the court is in session is discouraged. However, parties may take health breaks as the need may rise without disrupting the continuity of the submissions.
"During these individual breaks, the proceedings will proceed," she added.
Conduct Out of Court
Just as in the hearing of the Building Bridges Initiative (BBI) appeal case, the CJ warned legal counsels from discussing the on-goings of the petition outside the court.
"These are judicial proceedings being conducted in court and therefore discussing the merits of the case by the parties or counsel outside the court is not permitted," she added.
The High Court, on Wednesday, August 17, annulled her decision to prohibit lawyers and litigants from commenting on social media platforms during the presidential election petition and her latest decision to stick to the guideline is expected to elicit mixed reactions.
