113 4.6 Pre-Trial Conference and Directions 4.6.1 The pre-trial conference must be held within 7 days of receipt of the last response to the petition (Rule 15, Elections (Parliamentary and County Elections) Petitions Rules, 2017). 4.6.2 Rule 15 of the Elections (Parliamentary and County Elections) Petitions Rules, 2017 requires election courts to do the following during the pre-trial conference: • frame contested and uncontested issues in the petition; • analyse methods of resolving contested issues; • consider consolidation of petitions in cases where more than one petition is filed with respect to the same election; • deal with all interlocutory applications and decide on their expeditious disposal; • confirm the number of witnesses the parties intend to call; • give an order for furnishing further particulars; • give directions for the expeditious disposal of the suit or any outstanding issues; • give directions as to the place and time of hearing the petition; • give directions as to the filing and serving of any further affidavits or the giving of additional evidence; • limit the volume or number of pages of any copies of documents that may be required to be filed; or • make such other orders as may be necessary to prevent unnecessary expenses and to ensure a fair and effectual hearing. 4.6.3 Many interlocutory applications may ensue, and often do, from the pre-trial conference and directions. 4.7 Interlocutory Applications and Reliefs 4.7.7.1 Generally, interlocutory applications relating to an election petition must be filed before the commencement of the trial of the election petition (Rule 15(1)(c), Elections (Parliamentary and County Elections) Petitions Rules, 2017; and Mable Muruli v Wycliffe Ambetsa Oparanya & 3 Others, Kakamega Election Petition No. 5 of 2013). 4.7.7.2 Notwithstanding the above, a party may bring an interlocutory application after commencement of the trial where it is demonstrated that the nature of the interlocutory application is such that it could not have been brought before the commencement of the trial (Rule 15(2), Elections (Parliamentary and County Elections) Petitions Rules, 2017). This is, therefore, a matter of judicial discretion. However, the said discretion must be exercised cautiously to prevent inordinate delays with the aim of delaying trial. BENCH BOOK ON ELECTORAL DISPUTE RESOLUTION