The Judiciary has issued guidelines for filing presidential election petitions after Independent Electoral and Boundaries Commission (IEBC) chairperson Wafula Chebukati declared William Ruto as the president-elect.
According to the notice dated Monday, August 15, all advocates, litigants and members of the general public have been advised to file their petitions at the Supreme Court sub registry located at Forodha House adjacent to Milimani Law Courts along Upper Hill Close Road.
Parties seeking legal redress regarding the presidential outcome were also directed to submit their papers 14 hours before the deadline, Tuesday, August 23.
"Take further notice that, under Rule 7(3) of the Supreme Court (Presidential Election Petition) Rules, 2017, where the petition is filed on the last available day of filing, it shall be filed before 1400hrs of that day," the notice it read in part.
The seven-day timeline is provided under 2010 Promulgated Constitution and Supreme Court Presidential Election Petition Rules published in 2017.
These regulations detail the contents of the petition - such as the name and address of the petitioner, the date when the election in dispute was conducted, the date of declaration of results and the ground on which the petition is presented.
The petitioners will have 24 hours to serve the parties in the case.
"Within 6 hours of petitioning, the petitioner ought to serve the respondents in the case with the petition through electronic means, nationwide circulation of newspapers or serving it directly to the respondents," Judiciary's statement read in part.
"The President of the Supreme Court further directed that upon parties being served, they will have 4 days to file their responses. They may be accompanied by replying affidavits sworn by the respondents and any witnesses, setting out the substance of the evidence relied on," the notice added.
After the case is filed, the Supreme Court has 14 days to hear and determine the petition. The court's decision on whether to uphold or nullify the election would be final.
The notice comes after Azimio leaders claimed that the IEBC portal was compromised. Led by chief agent Saitabao Kanchori, they alleged that they had gathered evidence to back their allegations.
"We have intelligence reports that the IEBC system was penetrated and hacked and that some of the IEBC officials had actually committed intellectual offences and some of them ought to be arrested," Kanchory stated.
"We were not in any position to ask our party leader to come before we actually verify results, which we have not done," he added.
