153 THE PRESIDENTIAL ELECTION PETITION 5.1. General Rules relating to Presidential Election Petitions 5.1.1. Generally, every presidential election petition must conform to the mandatory requirements set under Articles 87 and 140 of the Constitution of Kenya 2010, the Elections Act, 2011, and the Supreme Court (Presidential Election Petition) Rules, 2017. 5.2. Filing of Petition 5.2.1. The presidential election petition must be filed within 7 days after the declaration of the presidential results (Article 140(1) of the Constitution). 5.2.2. The form of the Petition must conform to Rule 8 of the Supreme Court (Presidential Election Petitions) Rules, 2017. 5.2.3. The Filing fees for a presidential election petition are Kshs. 500,000. 5.2.4. Every presidential election petition must: (i). Be divided into paragraphs and numbered consecutively; (ii). have each paragraph being confined to a distinct portion of the subject; (iii). be Printed or typed legibly; (iv). briefly set out the facts and the grounds relied on to sustain the relief claimed; (v). Be signed by the Petitioner[s] or their duly authorized representative; (vi). Be supported by an Affidavit which should be sworn personally by the Petitioner(s) containing: (vii).The grounds on which the relief is sought, setting out the facts relied on by the petitioner(s); (viii). Be divided into paragraphs which should each be confided to a distinct portion of the subject and numbered consecutively; and (ix). Conclude with a statement setting out the particulars of the relief sought. 5.2.5. The requirements set out in Rule 7 and 8 and the First Schedule of the Supreme Court (Presidential Election Petition) Rules, 2017, are not mere technical requirements limited to procedural form and content of election petitions. 5.2.6. The Supreme court has discretion, pursuant to Article 159(2)(d) of the Constitution and Rule 5 of the Supreme Court (Presidential Election Petition) Rules, 2017, to excuse minor or trivial deviations from the above and other mandatory requirements. 5.3. The Response to the Petition 5.3.1. A respondent who wishes to oppose an election petition must file and serve an answer to the petition within four days of service of the Petition (Rule 11(1), Supreme Court (Presidential Election Petition) Rules, 2017). BENCH BOOK ON ELECTORAL DISPUTE RESOLUTION

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