Tight timelines ahead of petition determination

The Supreme Court has until September 5 to determine validity of William Ruto’s election as fifth president.

Timelines recently released by Chief Justice Martha Koome stipulate that Ruto and other respondents such as IEBC and its commissioners are supposed to file their responses to the more than seven petitions lodged yesterday within four days.

Petitions have been filed by Azimio-One Kenya presidential candidate Raila Odinga and his running mate Martha Karua, activists Okiya Omtatah, Khelef Khalifa, David Kairuki Ngari, Youth Advocacy Africa (YAA), John Njoroge Kamau and presidential aspirant Reuben Kigame.

All the petitions seek the invalidation of Ruto’s election and a repeat of a fresh presidential election in accordance with the constitution and Elections Act among other orders from the Apex court.

The Supreme Court Presidential Election Rules, 2017 also provide that the respondents in almost all cases are Ruto, IEBC and its commissioners ought to file and furnish the petitioners in all the presidential petitions lodged yesterday with their responses within four days.

The rules however allow all the petitioners a day to file their rejoinder from when the respondents put their responses.

Should any of the parties wish to make applications asking the court to make orders that he or she believes may help their case, the rules require them to file the application and furnish the other party within one day from the date of filing of the response to the petition.

All responses to the said applications should also be lodged within one day.

A third party wishing to join the petition as a friend of the court, is also expected to file in court and furnish the parties with a formal application for joinder within one day from the date of filing of responses to the petition.

In the application, the intended third party is supposed to demonstrate his or her stakes in the petition.