Thursday, January 10, 2013

Petitioners to pay Sh1m fee to challenge election of president


Petitioners to pay Sh1m fee to challenge election of president

Parliament in session. Photo/FILE
By PETER LEFTIE pmutibo@ke.nationmedia.com  ( email the author)

Posted  Thursday, January 10  2013 at  00:30
In Summary
  • MPs expected to approve rules which seek to give effect to the Elections Act
It will cost you Sh1 million to challenge the election of the President at the Supreme Court.
Anyone seeking to file such a suit will have to do so within seven days from the day the results of the presidential elections are announced, according to new rules governing presidential elections.
MPs must, however, approve the rules which seek to give effect to the Constitution and the Elections Act.
A petitioner will be required to serve the petition on the President-elect within three days of lodging the suit, either directly or by way of an advertisement on a newspaper with national circulation.
A petition challenging the election of the Head of State shall be heard by at least five judges of the Supreme Court and determined within 14 days.
Among the grounds, one can base the petition on the validity of the conduct of the polls, qualification of the President-elect and whether any election offence was committed.
However, those challenging the nomination of a presidential candidate shall not be required to pay any fees, the rules state.
According to the new regulations, Kenyans will also be free to challenge the Independent Electoral and Boundaries Commission (IEBC) decision declaring a presidential candidate as qualified to run for the office.
The rules state that a suit challenging the nomination of a presidential aspirant shall be heard and determined within seven days.
They, however, bar individuals from lodging a suit questioning the manner in which a political party conducted its presidential nominations.
Anyone challenging the nomination of a presidential candidate shall be required to file the suit not later than a day after IEBC receives the nominee’s papers.

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