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5.5.2. All presidential election petitions must be served within twenty-four hours of filing (Rule 10(1) of
the Supreme Court (Presidential Election Petition) Rules, 2017). The Petitioner must then serve
the respondents, with an electronic copy of the Petition, within six hours of filing of the Petition
(Rule 10(2)).
5.5.3. Service may be effected either directly on the respondents or by advertisement in a newspaper
with national circulation (Rule 10(1) of the Supreme Court (Presidential Election Petition) Rules,
2017).
5.6.
Security for Costs
5.6.1. Section 78(2) of the Elections Act, 2011 requires a petitioner to deposit security for the payment
of costs within 10 days of filing the election petition.
5.6.2. The Security of Costs for the presidential election petition is Kshs. 1,000,000.
5.7.
Filing and Service of Responses to Election Petitions
5.7.1. A respondent who wishes to oppose a presidential election petition must file and serve an answer
within four days of service of the election petition (Rule 11(1) of the Supreme Court (Presidential
Election Petition) Rules, 2017).
5.7.2. The response must be substantially as in Form B to the Second Schedule to the Supreme Court
(Presidential Election Petition) Rules, 2017.
5.7.3. The response must be accompanied by Replying Affidavits sworn by the respondent and any
witnesses the respondent wishes to call at the trial, setting out the substance of the evidence
(Rule 11(1)(b) of the Supreme Court (Presidential Election Petition) Rules, 2017).
5.8.
Pre-Trial Conference and Directions
5.8.1. The pre-trial conference for presidential election petitions must be held within eight days of
filing of the petition (Rule 14(1) of the Supreme Court (Presidential Election Petition) Rules, 2017).
5.8.2. Rule 15 of the Supreme Court (Presidential Election Petition) Rules 2017 requires the Court to do
the following during the pre-trial conference:
(a) frame contested and uncontested issues in the petition;
(b) consider consolidation of petitions in cases where more than one petition is filed
with respect to the same election;
(c) determine the number of advocates that the Court shall hear on behalf of each
party;
(d) allocate time for each party to address the Court;
(e) give directions specifying the place and time of the hearing of the Petition; and
(f) Make such other orders as may be necessary to ensure a fair determination of the
Petition.
BENCH BOOK ON ELECTORAL DISPUTE RESOLUTION
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