Judiciary Releases Guidelines for Governors, MPs Filing Petitions

Chief Justice Martha Koome addressing the court during the pre-trial conference of the presidential election petition at the Milimani.jpg
Chief Justice Martha Koome addressing the court during the pre-trial conference of the presidential election petition at the Milimani Courts on Tuesday, August 30, 2020.
The Judiciary

Judiciary has revised guidelines for filing petitions and directed all political leaders to file their lawsuits at the High Court.

Through a notice dated Tuesday, September 6, the Judiciary directed all aspirants challenging the August 9 General Election outcome to file their petitions at respective High Courts in their counties. 

It further directed disgruntled contenders to file their petitions through the online platform, e-filing.

The directives apply to candidates who unsuccessfully contested for governor, senator, woman representative and members of parliament seats. 

undated image of Judiciary entrance of the Supreme Court building in Nairobi, Kenya
The Judiciary building in Nairobi, Kenya
Photo
Judiciary

"Take notice that election petitions are to be filed at the High Court at the county where the election took place,"  the notice read in part.

According to the directive, petitions and affidavits of more than 50 pages should be uploaded on the e-filing platform first and a hard copy delivered to the court's registry.

The guidelines are set to enable the High Court judges stationed in different counties to address all the petitions challenging poll outcomes before delivering verdicts.

Contenders who had expressed dissatisfaction with the just concluded electioneering process include former Nairobi Governor Evans Kidero who lost to Gladys Wanga in the Homa Bay Gubernatorial race.

Kidero garnered 154,182 votes while Wanga, who was vying on an ODM ticket, got 244,559.

Through his lawyer, Okwe Achiando, Kidero demanded an audit of all election materials used by the Independent Electoral and Boundaries Commission (IEBC).

“Kindly take not that we expect our client to receive the documents within seven days to enable him actualise and realise his constitutional rights as enshrined in the Constitution,” the letter read in part.

Kirinyaga independent gubernatorial candidate, Wangui Ngirici, had also faulted the electoral process. However, it is unclear whether she will file a petition challenging Anne Waiguru's win.

The guidelines issued follow the Supreme Court ruling which unanimously validated the results announced by IEBC chairperson Wafula Chebukati on Monday, September 5. 

Former Nairobi governor Evans Kidero
Former Nairobi governor Evans Kidero
Courtesy