108 4.4 Filing and Service of Election Petitions 4.4.0 Time, in principle and applicability, is a vital element in the electoral process (Mary Wambui Munene v Peter Gichuki King’ara & 2 Others, Supreme Court Petition 7 of 2014). Thus, to subvert uncertainty, election petitions are subject to constitutionally set timelines. 4.4.1 Parliamentary and County election petitions must be filed within 28 days of the declaration of the results of the election (Article 87(2) of the Constitution; s 76(1)(a) of the Elections Act, 2011). 4.4.2 The 28-day period starts running from the date of declaration of the election results, i.e., the day the returning officer issues a certificate of election to the successful candidate (Mary Wambui Munene v Peter Gichuki King’ara & 2 Others, Supreme Court Petition No. 7 of 2014; Anami Silverse Lisamula v IEBC & 2 Others, Supreme Court Petition No. 8 of 2014; and Hassan Ali Joho & Another v Suleiman Said Shahbal & 2 Others, Supreme Court Petition No. 10 of 2013). Filing and Service of Petition outside the Prescribed Period 4.4.1.1 A petition filed outside the prescribed constitutional and statutory period is null ab initio (Mary Wambui Munene v Peter Gichuki King’ara & 2 Others, Supreme Court Petition No. 7 of 2014). Consequently, the election court has no jurisdiction to entertain such a petition (Lemanken Aramat v Harun Meitamei Lempaka & 2 Others, Supreme Court Petition No. 5 of 2014). Courts have no jurisdiction to entertain a parliamentary or county election petition filed before the declaration of the results (Thuo Mathenge v Nderitu Gachagua & 2 Others, Nyeri Election Petition No. 1 of 2013). 4.4.1.2 In Hassan Ali Joho & Another v Suleiman Said Shahbal & 2 Others, Supreme Court Petition No. 10 of 2013, the Court in para 72 summarised the law as follows: (a) declaration of results is the aggregate of the requirements set out in the various election forms and involving various officials; (b) in parliamentary and county elections: (i) the mandate to declare election results rests with the Returning Officer; (ii) the instrument used to declare is the certificate of election (in Form 38) awarded to the successful candidate; and (iii) publication in the Kenya Gazette is merely meant to inform the public as to the persons elected. (c) the electoral process terminates upon declaration of results at which point the jurisdiction to challenge the election results shifts from the IEBC to the election courts. 4.4.1.3 Parliamentary and county election petitions must be served within 15 days of filing the petition (s 76(1)(a) of the Elections Act, 2011). The service of an election petition is a fundamental step in the EDR process (Rozaah Akinyi Buyu v IEBC & 2 Others, Kisumu Civil Appeal No. 40 of 2013). 4.4.1.4 The service of an election petition may be done directly on the respondent or by advertisement in a newspaper with national circulation (Article 87(3) of the Constitution). BENCH BOOK ON ELECTORAL DISPUTE RESOLUTION