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TENTATIVE (INDICATIVE) TIMELINES AND PROCESSES FOR THE SUPREME COURT PRESIDENTIAL ELECTION PETITIONS

 

TENTATIVE (INDICATIVE) TIMELINES AND PROCESSES FOR THE SUPREME COURT PRESIDENTIAL ELECTION PETITIONS [ DOWNLOADS ]

 

 

 

THE TENTATIVE (INDICATIVE) TIMELINES AND PROCESSES FOR THE SUPREME COURT PRESIDENTIAL ELECTION PETITIONS

The following three Petitions have been filed challenging the results of the March 4th 2013 Presidential Election and the declaration of the said on March 10th 2013:

  1. PETITION NUMBER 3/2013 (MOSES KIARIE KURIA & 2 OTHERS -VS- ISSACK HASSAN & ANOTHER)
  2. PETITION NUMBER 4/2013 (GLADWELL WATHONI OTIENO  & ANOTHER -VS- AHMED ISSACK HASSAN)
  3. PETITION NUMBER 5/2013 (RAILA ODINGA –VS- IEBC & 3 OTHERS)

The table below is not determinative but has been prepared to guide members of the media and the general public on the tentative timelines of events taking place after the  pre-trial conferencing to the conclusion of the case.

 

ACTIVITY

 

DATE

 

PROVISION OF THE LAW

 

Pre-Trial Conference

 

25th March 2013

 

Rule 9- SC. Presidential Election Petition Rules

 

Rule 10-SC. Presidential Election Petition Rules

 

Hearing of the Petition

 

Date to be provided by the Judges during the Pre-Trial Conferencing

 

Rule 11-SC. Presidential  Election Petition Rules

 

Rule 20-SC. Presidential Election Petition Rules

 

Determination of the Petition

 

On or before 30th March 2013

 

Article 140 (2) of the Constitution of Kenya

 

Rule 19 (2)- SC. Presidential Election Petition Rules

 

PRE-TRIAL CONFERENCING

The court shall conduct a pre-trial conference with all the parties in the petitions for determination of the following issues:

(1)              frame contested and uncontested issues in the petition;

(2)       Consider consolidation of petitions in cases where more than one petition is filed;

(3)       Court to give directions or orders in relation to any interlocutory matters;

(4)       Court to give any suitable directions for the expeditious disposal of the petition or any outstanding issues;

(3)       Court to give directions specifying the place and time of the hearing of the  

petition;

(5)        Court to give directions in regard to the filing and service of any further

affidavits or the giving of additional evidence;

(6)         Court to give directions in regard to the joinder, substitution, addition or striking

out of any party to the petition;

(7)          Court and parties to specify the volume or number of pages of any copies of additional documents that may be required to be filed;

(8)          notify the Commission to furnish it with all the relevant election documents relating to the petition before commencement of the hearing; or

(9)          Court to make such other orders as may be necessary to ensure a fair determination of the petition.

 

The Court shall give directions as to the manner in which evidence shall be taken.

 

HEARING OF THE PETITION

 

(1)              The Court shall, within two (2) days of the pre-trial conference, commence the

hearing of the petition.

 

(2)          Save in exceptional circumstances as may be determined by the Court, the hearing

of a petition once commenced shall proceed uninterrupted on a day to day basis until its conclusion.

 

 DETERMINATION OF THE PETITION

1)           Within fourteen days (14) after the filing of a petition the Supreme Court shall hear and determine the petition and its decision shall be final.

 2)           the Court may, at the close of any hearing, give its decision but reserve its reasons and in any such case the reasons may be delivered in court by any judge whether or not he sat at the hearing.