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A major showdown is expected this week at the Milimani Law Courts where the Supreme Court will hold its sittings to hear and determine the nine petitions challenging the presidential elections.

The petitions arose after the chairman of the Independent Electoral and Boundaries Commission (IEBC), Wafula Chebukati, declared William Ruto as winner of the presidential election ahead of Azimio-One Kenya candidate Raila Odinga.

The seven Supreme Court judges will tomorrow hold a pre-trial conference after which the trial proper will start. They then have to render a judgment by September 5.

Fill rejoinders

By yesterday, the nine petitioners had 24 hours to file and serve any rejoinder to their petitions following several responses made by the respondents, who include the seven IEBC commissioners, IEBC as body corporate, president-elect Ruto and other parties.

Petitioners and respondents are today expected to file and serve their introductory applications ahead of Wednesday’s hearing by the bench that will be led by Chief Justice Martha Koome, who is also the president of the Supreme Court.

Already, Law Society of Kenya has filed an application to be enjoined as amicus curiae to the nine presidential petitions.

“We have raised three issues that we believe if the court will allow our application, will be able to assist the court in making determination of the serious presidential petitions filed,” said LSK Council member Mwaura Kabata yesterday at the Supreme Court’s Sub-Registry.

LSK has, among other things, said it will ask the judges to consider factoring in spoilt votes in deciding the winner of the presidential election. This is despite the court having pronounced itself on the matter in 2017.

Attorney-General Kihara Kariuki also weighed in on the petitions, saying he would not oppose two that have been filed against IEBC. Seven of the petitions have been filed against the commission, its chairman Chebukati and President-elect Ruto.

The petitioners in these cases are: John Njoroge Kamau, four activists led by Khelef Khalif, a lobby group Youth Advocacy Africa — which has filed alongside one Peter Kirika — Azimio-One Kenya presidential candidate Raila Odinga and his running mate, Martha Karua.

Others who have filed petitions against IEBC are; voter David Kariuki Ngari, activist Okiya Omtatah and Juliah Nyokabi Chege, who has filed alongside two others.

An eighth petition by gospel artiste Reuben Kigame is seeking a declaration that IEBC violated his rights when it blocked him from vying for president after it rejected his papers.

Kigame is pushing for a declaration that the presidential nomination and clearance of Ruto, Raila, George Wajackoyah and David Mwaure were null and void.

A ninth petition by Chama Cha Kazi party leader Moses Kuria and outgoing Mbeere South MP Geoffrey King’ang’i is seeking dismissal of the suit by Raila and Karua over alleged election malpractices.

Of the seven Supreme Court judges who will be hearing the cases — which are likely to be consolidated — Chief Justice Koome and Justice William Ouko will be hearing a presidential election petition for the first time. Both were appointed to the top court last year from the Court of Appeal.

Judges Smokin Wanjala and Njoki Ndung’u will be hearing their fourth presidential election petition, having joined the Supreme Court at inauguration in 2011.

Deputy Chief Justice Philomena Mwilu and Justice Isaac Lenaola will also be hearing and determining a petition for the third time.

Health challenges

Justice Mohamed Ibrahim will be hearing his second petition as he opted out of the 2017 petition due to health challenges.

Azimio last week unveiled a battery of 38 lawyers who will represent the coalition when the cases open. They will face off with 54 lawyers tapped by Ruto and 26 law firms hired by Chebukati.

The Azimio team will be led by among others, Senior Counsel James Orengo and will include senior lawyers Pheroze Nowrojee, Philip Murgor and Okong’o Omogeni.

The team that will handle case management has Paul Mwangi (lead lawyer), who will be assisted by Dan Maanzo, Ben Sihanya, Julie Soweto, Velma Maumo, Jackson Awele, Fred Orego and Tom Macharia.

Lead counsel

Ruto’s team will be guided by lead Senior Counsel Fred Ngatia, who will be assisted by Senior Counsel Kioko Kilukumi, Kiragu Kimani, and former Makueni Governor Kivutha Kibwana.

They will be assisted by Kithure Kindiki, Katwa Kigen, Linda Musumba, Muthomi Thiankolu, Elias Mutuma, Omwanza Ombati, Ababu Namwamba and Kipchumba Murkomen, among others.

IEBC will be represented by former Attorney-General Githu Muigai backed of advocates Kamau Karori, Abdikadir Mohamed, Eric Gumbo, Peter Wanyama and Edwin Mukele.

At the weekend, both Wajackoyah and Mwaure sought to be enjoined in the petitions, while yesterday Jubilee Party Secretary-General Raphael Tuju also indicated that he would be submitting his affidavit after he was adversely mentioned by three IEBC commissioners in their responses to the petition filed by Raila and Karua.

 This year’s petitions hearing is likely to be the most complex in Kenya’s history given that IEBC commissioners are divided, and each has filed affidavits in their private capacities. In some of their responses, they have called for sanctions against their chairman and annulment of the results he announced at Bomas of Kenya, the national tallying centre for the presidential election.

All these actions are unprecedented.

For the first time, senior government officials have been adversely mentioned in some of the responses, which is also a first in the history of presidential petitions. By yesterday, it was not clear if they, too, would seek to be enjoined in the petitions as interested parties.