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Election Petition Rules in Kenya

The rules governing election petitions in Kenya are outlined in various legal instruments, including the Constitution, the Elections Act, and subsidiary legislation. These rules ensure fairness, transparency, and accountability in the electoral process.

Constitutional Framework
The Elections Act
Subsidiary Legislation
Case Laws

1. Constitutional Framework

The Constitution of Kenya, 2010, provides the foundation for the electoral process and the legal framework for election petitions.

Article 81: This article establishes the Independent Electoral and Boundaries Commission (IEBC) as the body responsible for conducting elections.
Article 159: This article vests the judicial authority in the courts, including the power to adjudicate election disputes.
Article 163: This article empowers the Supreme Court to hear and determine presidential election petitions.
Article 165: This article empowers the High Court to hear and determine election petitions for other elective positions.

2. The Elections Act

The Elections Act, 2011, provides detailed provisions on the conduct of elections and the procedures for filing and determining election petitions.

Section 100: This section defines an "election petition" as an application to the election court under the Constitution or the Act.
Section 101: This section outlines the grounds for filing an election petition, including allegations of irregularities, malpractices, and violations of the law.
Section 102: This section sets out the time limits for filing election petitions.
Section 103: This section outlines the procedures for filing and serving election petitions.
Section 104: This section provides for the constitution of election courts.
Section 105: This section outlines the powers of election courts.
Section 106: This section provides for the determination of election petitions.

3. Subsidiary Legislation

The Judiciary has issued subsidiary legislation, including the Supreme Court (Presidential Election Petition) Rules, 2017, and the Elections (Parliamentary and County Elections) Petitions Rules, 2017, to provide detailed procedures for filing and determining election petitions.

Supreme Court (Presidential Election Petition) Rules, 2017: These rules govern the filing, hearing, and determination of presidential election petitions before the Supreme Court.
Elections (Parliamentary and County Elections) Petitions Rules, 2017: These rules govern the filing, hearing, and determination of election petitions for parliamentary and county elective positions before the High Court.

4. Case Laws

Several case laws have interpreted and applied the election petition rules in Kenya.

Raila Odinga vs. IEBC & Others (2013): This case involved a presidential election petition filed by Raila Odinga challenging the outcome of the 2013 presidential election. The Supreme Court upheld the election of Uhuru Kenyatta as President. (Source: Supreme Court of Kenya ↗)
David Musila vs. Stephen Mule & Others (2017): This case involved an election petition filed by David Musila challenging the outcome of the 2017 Kitui Senate election. The High Court nullified the election and ordered a fresh election. (Source: Kenya Law ↗)
Raila Odinga vs. William Ruto & Others (2022): This case involved a presidential election petition filed by Raila Odinga challenging the outcome of the 2022 presidential election. The Supreme Court upheld the election of William Ruto as President. (Source: Nation ↗)

Conclusion

The election petition rules in Kenya provide a comprehensive framework for resolving election disputes. These rules are designed to ensure that elections are conducted fairly, transparently, and in accordance with the law. The courts play a crucial role in upholding the integrity of the electoral process by adjudicating election petitions and ensuring that the will of the people is respected.