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Preparations were in high gear yesterday at the Milimani Law Courts where the presidential election petition is expected to be filed and heard.

Assistant Inspector General (AIG) of Police Lazarus Opicho and Senior Superintendent of Police Winfrida Rotich yesterday briefed the security officers deployed at the court on how to maintain law and order if a presidential election petition is filed.

The AIG inspected the Ceremonial Hall where the proceedings will be conducted.

He also inspected the Supreme Court Sub-registry, where the petition is expected to be filed and entrance, which will be used by litigants, lawyers and the media.

“You will only allow access to those who have been given an okay to be here. The other people will monitor elsewhere…so whoever will be here should take care of the media people, their vehicles and security. That is what I expect from you people,” Opicho told the officers.

Unlike the previous presidential election petitions, the Apex court departed from its tradition of hearing the petition from the Supreme Court Building in Nairobi central business district.

Legal teams

The Judiciary has already stationed staff at the Milimani Law Courts to handle the work expected to start streaming in as election losers prepare their legal teams.

Two tents have been set aside for lawyers and journalists who will be covering the case that will be streamed live from Milimani Law Court Ceremonial Hall.

The Judiciary communication department yesterday said it will issue journalists with special accreditation to cover the election dispute.

Azimo presidential candidate Raila Odinga has already announced he will be moving to the Supreme Court to challenge the declaration of William Ruto as the president-elect.

The Apex court two weeks ago released timelines for filing and hearing presidential petitions.

In a notice, Chief Justice Martha Koome indicated that any election petition should be filed within seven days from the date the Independent Electoral and Boundaries Commission will declare the results.

“The Supreme Court of Kenya is established under Article 163 of the Constitution and is at the apex of the Judiciary with the final authority in arbitration of disputes. Judicial authority is derived from the people and exercised in accordance with the cardinal principles spelt out in Article 159(2) of the Constitution. One of the key principles of administration of justice is that justice shall not be delayed,” the notice.

The Judiciary has indicaated that  petitioners will have 24 hours to serve respondents from the time of filing the petition.

Upon being served, respondents will have four days to respond to the issues raised and serve the petitioner with their response.

Seven judges

Thereafter the Supreme Court will hold the pre-trial conference eight days after filing of the petition and immediately thereafter start hearing the petition and render its decision within 14 days.

The seven Supreme Court judges expected to hear the election dispute are Chief Justice Martha Koome, Deputy Chief Justice Philomena Mwilu and judges Isaac Lenaola, Njoki Ndung’u, Smokin Wanjala, William Ouko and Mohamed Ibrahim.

Koome and Supreme Court Judge William Ouko have never handled a presidential election dispute as they were appointed to the Apex court last year.

Mwilu and Justices Lenaola and Wanjala were part of the Bench that nullified President Uhuru Kenyatta’s win in 2017.

While a majority of the judges were of the opinion that the presidential election be nullified, Justices Ndung’u and Ojwang’ had a dissenting judgement.

Justice Ibrahim did not participate in the presidential election dispute, as he was unwell.

Judiciary last Sunday announced that judges of all levels including the Supreme Court were prepared to handle election disputes.

“Judiciary Committee on Elections chaired by SC Judge Mohammed Ibrahim prepares the institution to handle electoral disputes. It looks at training, financial and HR aspects to ensure disputes are efficiently dealt with. During this season, approach the court with confidence. We are ready,” the Judiciary said in a statement.