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election petition rules kenya

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Introduction

Election petitions in Kenya are governed by a set of rules and regulations designed to ensure that any disputes arising from elections are resolved in a fair, transparent, and timely manner. These rules are primarily derived from the Constitution of Kenya, the Elections Act, and the Election (Parliamentary and County Elections) Petition Rules. This comprehensive guide will delve into the various aspects of election petition rules in Kenya.

Constitutional Provisions
- 1.1 Right to Petition
- 1.2 Jurisdiction of Courts
The Elections Act
- 2.1 Grounds for Petition
- 2.2 Time Limits for Filing Petitions
- 2.3 Security for Costs
Election Petition Rules
- 3.1 Filing and Service of Petitions
- 3.2 Pre-Trial Procedures
- 3.3 Hearing and Determination
- 3.4 Appeals
Conclusion

1. Constitutional Provisions

1.1 Right to Petition

Article 38 of the Constitution of Kenya: This article guarantees every citizen the right to free, fair, and regular elections based on universal suffrage and the free expression of the will of the electors.
Article 87(1) of the Constitution of Kenya: This article mandates Parliament to enact legislation to establish mechanisms for timely settling of electoral disputes.

1.2 Jurisdiction of Courts

Article 105 of the Constitution of Kenya: This article provides that the High Court has the jurisdiction to hear and determine any question whether a person has been validly elected as a Member of Parliament.
Article 165(3)(a) of the Constitution of Kenya: This article grants the High Court unlimited original jurisdiction in criminal and civil matters, including election petitions.

2. The Elections Act

2.1 Grounds for Petition

Section 76 of the Elections Act: This section outlines the grounds on which an election petition can be filed, including:
- Non-compliance with the law.
- Corrupt practices.
- Bribery.
- Misconduct.
- Irregularities that affected the result of the election.

2.2 Time Limits for Filing Petitions

Section 76(1) of the Elections Act: An election petition must be filed within 28 days after the date of the declaration of the election results by the Independent Electoral and Boundaries Commission (IEBC).

2.3 Security for Costs

Section 78 of the Elections Act: This section requires the petitioner to deposit a specified amount as security for costs within ten days of filing the petition. The amount is determined by the court and is meant to cover the costs that may be incurred by the respondent in defending the petition.

3. Election Petition Rules

3.1 Filing and Service of Petitions

Rule 8 of the Election Petition Rules: This rule specifies the format and content of an election petition, including the names and addresses of the parties, the grounds for the petition, and the relief sought.
Rule 10 of the Election Petition Rules: This rule requires the petitioner to serve the petition on the respondent within 15 days of filing.

3.2 Pre-Trial Procedures

Rule 15 of the Election Petition Rules: This rule mandates a pre-trial conference to be held within 30 days of the filing of the petition. The purpose of the pre-trial conference is to:
- Identify contested and uncontested issues.
- Explore the possibility of settlement.
- Set timelines for the hearing.

3.3 Hearing and Determination

Rule 19 of the Election Petition Rules: This rule provides that the hearing of an election petition should be conducted on a day-to-day basis until its conclusion.
Rule 21 of the Election Petition Rules: This rule requires the court to determine the petition within six months from the date of filing.

3.4 Appeals

Section 85A of the Elections Act: This section provides that an appeal from the High Court in an election petition concerning membership of the National Assembly, Senate, or the office of county governor lies to the Court of Appeal on matters of law only and must be filed within 30 days of the High Court's decision.

Conclusion

The election petition rules in Kenya are designed to ensure that electoral disputes are resolved efficiently and justly. The Constitution of Kenya, the Elections Act, and the Election Petition Rules provide a comprehensive framework for addressing grievances related to elections. By adhering to these rules, the integrity of the electoral process is upheld, and the democratic rights of citizens are protected.