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election petition rules kenya

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Introduction

Election petitions in Kenya are a critical aspect of the electoral process, providing a legal avenue for addressing grievances related to the conduct of elections. The legal framework governing election petitions is designed to ensure that elections are conducted fairly and transparently, and that any disputes arising from the electoral process are resolved in a just and timely manner. This response will delve into the various rules and regulations governing election petitions in Kenya, with a particular focus on the Revised Elections Parliamentary and County Election Petition Rules, 2017, and the Supreme Court (Presidential Election Petition) Rules, 2017.

Overview of Election Petition Rules in Kenya
The Elections Act, 2011
Revised Elections Parliamentary and County Election Petition Rules, 2017
Supreme Court (Presidential Election Petition) Rules, 2017
Key Provisions and Procedures
Relevant Case Laws
Conclusion
Sources

1. Overview of Election Petition Rules in Kenya

Election petitions in Kenya are governed by a comprehensive legal framework that includes the Constitution of Kenya, the Elections Act, 2011, and various subsidiary legislations such as the Revised Elections Parliamentary and County Election Petition Rules, 2017, and the Supreme Court (Presidential Election Petition) Rules, 2017. These laws and regulations provide the procedures for filing, hearing, and determining election petitions at different levels of the electoral process.

2. The Elections Act, 2011

The Elections Act, 2011, is the primary legislation governing the conduct of elections in Kenya. It outlines the procedures for the conduct of elections, the roles and responsibilities of various electoral bodies, and the mechanisms for resolving electoral disputes. Key provisions of the Elections Act relevant to election petitions include:

Section 75: This section provides for the filing of election petitions for parliamentary and county elections.
Section 76: This section outlines the time frame within which election petitions must be filed.
Section 77: This section specifies the requirements for the security for costs in election petitions.

(Source: Elections Act, 2011 ↗)

3. Revised Elections Parliamentary and County Election Petition Rules, 2017

The Revised Elections Parliamentary and County Election Petition Rules, 2017, provide detailed procedures for the filing, hearing, and determination of election petitions for parliamentary and county elections. These rules are designed to ensure that election petitions are handled efficiently and expeditiously. Key features of these rules include:

Part I - Preliminary: This part includes the citation and interpretation of terms used in the rules.
Part II - Application and Objectives of Rules: This part outlines the application and objectives of the rules, emphasizing the need for compliance.
Part III - Constitution of an Election Court: This part provides for the constitution of an election court to hear and determine election petitions.

(Source: Revised Elections Parliamentary and County Election Petition Rules, 2017 ↗)

4. Supreme Court (Presidential Election Petition) Rules, 2017

The Supreme Court (Presidential Election Petition) Rules, 2017, govern the filing and determination of presidential election petitions in Kenya. These rules are specifically tailored to handle the unique nature of presidential election disputes. Key features of these rules include:

Rule 4: This rule outlines the procedure for filing a presidential election petition.
Rule 8: This rule specifies the time frame within which the Supreme Court must hear and determine a presidential election petition.
Rule 12: This rule provides for the security for costs in presidential election petitions.

(Source: Supreme Court (Presidential Election Petition) Rules, 2017 ↗)

5. Key Provisions and Procedures

Filing of Election Petitions

Time Frame: Election petitions must be filed within 28 days after the declaration of election results. For presidential election petitions, the time frame is within 7 days from the date of declaration of results.
Security for Costs: Petitioners are required to deposit security for costs within 10 days of filing the petition. Failure to comply with this requirement may result in the dismissal of the petition.

Hearing and Determination

Election Courts: Election petitions for parliamentary and county elections are heard by election courts constituted under the Revised Elections Parliamentary and County Election Petition Rules, 2017.
Supreme Court: Presidential election petitions are heard and determined by the Supreme Court of Kenya. The court is required to hear and determine the petition within 14 days from the date of filing.

Compliance and Enforcement

Compliance with Rules: Parties involved in election petitions are required to comply with the rules and procedures outlined in the relevant regulations. Non-compliance may result in penalties or dismissal of the petition.
Enforcement of Orders: The orders and decisions of election courts and the Supreme Court are enforceable as provided under the relevant laws.

6. Relevant Case Laws

1. Raila Odinga & 5 Others v Independent Electoral and Boundaries Commission & 3 Others [2013] eKLR

Parties: Raila Odinga and others challenged the presidential election results declared by the Independent Electoral and Boundaries Commission (IEBC).
Outcome: The Supreme Court upheld the election of Uhuru Kenyatta as the President of Kenya.
Relevance: This case is significant as it was the first presidential election petition heard by the Supreme Court under the new Constitution of Kenya, 2010.

(Source: Raila Odinga & 5 Others v Independent Electoral and Boundaries Commission & 3 Others [2013] eKLR ↗)

2. Benjamin Ogunyo Andama v Benjamin Andola Andayi & 2 Others [2013] eKLR

Parties: Benjamin Ogunyo Andama filed an election petition challenging the election of Benjamin Andola Andayi as a Member of Parliament.
Outcome: The court dismissed the petition for non-compliance with the security for costs requirement.
Relevance: This case highlights the importance of complying with procedural requirements in election petitions.

(Source: Benjamin Ogunyo Andama v Benjamin Andola Andayi & 2 Others [2013] eKLR ↗)

3. Raila Odinga & Another v Independent Electoral and Boundaries Commission & 2 Others [2017] eKLR

Parties: Raila Odinga and Kalonzo Musyoka challenged the presidential election results declared by the IEBC.
Outcome: The Supreme Court nullified the election of Uhuru Kenyatta and ordered a fresh presidential election.
Relevance: This case is significant as it marked the first time a presidential election was nullified in Kenya.

(Source: Raila Odinga & Another v Independent Electoral and Boundaries Commission & 2 Others [2017] eKLR ↗)

7. Conclusion

The legal framework governing election petitions in Kenya is designed to ensure that electoral disputes are resolved in a fair, transparent, and timely manner. The Revised Elections Parliamentary and County Election Petition Rules, 2017, and the Supreme Court (Presidential Election Petition) Rules, 2017, provide detailed procedures for the filing, hearing, and determination of election petitions. Compliance with these rules is crucial for the effective resolution of electoral disputes. The relevant case laws further illustrate the application of these rules and the importance of adhering to procedural requirements.

8. Sources