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election petition rules kenya

Table of Contents

1. Introduction

2. Election Petition Rules 2.1. Filing an Election Petition 2.2. Contents of an Election Petition 2.3. Service of the Election Petition 2.4. Response to the Election Petition 2.5. Pre-Trial Conference 2.6. Trial of the Election Petition 2.7. Determination of the Election Petition

3. Conclusion

Introduction

This response will provide an overview of the Election Petition Rules in Kenya, as outlined in the Elections Act, 2011 and the Election Petition Rules, 2017. These rules govern the process of challenging the outcome of an election in Kenya.

Election Petition Rules

2.1. Filing an Election Petition

An election petition can be filed by a candidate who contested the election or a voter who was registered to vote in the constituency or ward where the election was held. The petition must be filed within 28 days after the date of the declaration of the results of the election. (Section 83 of the Elections Act, 2011)

2.2. Contents of an Election Petition

The election petition must contain the following information:

• The names and addresses of the petitioner and the respondent.

• The name of the election in which the petition is filed.

• The grounds upon which the petition is based.

• The relief sought by the petitioner.

• The signature of the petitioner or their advocate. (Rule 10 of the Election Petition Rules, 2017)

2.3. Service of the Election Petition

The election petition must be served on the respondent within 7 days after it is filed. The respondent must file a response to the petition within 14 days after service. (Rule 11 of the Election Petition Rules, 2017)

2.4. Response to the Election Petition

The respondent must file a response to the election petition, which must contain the following information:

• An admission or denial of the allegations in the petition.

• Any grounds of defense.

• Any counterclaim.

• The signature of the respondent or their advocate. (Rule 12 of the Election Petition Rules, 2017)

2.5. Pre-Trial Conference

The court may order a pre-trial conference to be held to discuss the following:

• The issues in dispute.

• The evidence to be presented.

• The timetable for the trial.

• Any other matters that may assist in the expeditious disposal of the petition. (Rule 13 of the Election Petition Rules, 2017)

2.6. Trial of the Election Petition

The trial of the election petition is conducted by the High Court. The court may hear evidence from witnesses and examine documents. The court must determine the petition within 6 months after it is filed. (Section 84 of the Elections Act, 2011)

2.7. Determination of the Election Petition

The court may make the following orders in an election petition:

• Dismiss the petition.

• Declare the election void.

• Order a recount of the votes.

• Order a fresh election.

• Make any other order that is just and equitable. (Section 85 of the Elections Act, 2011)

Conclusion

The Election Petition Rules in Kenya provide a framework for challenging the outcome of an election. The rules are designed to ensure that election petitions are heard fairly and expeditiously. The court has the power to make a variety of orders, including declaring the election void or ordering a fresh election.