The Supreme Court (Presidential Election Petition) Rules

Legal Notice 113 of 2017

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The Supreme Court (Presidential Election Petition) Rules

Citation

Legal Notice 113 of 2017

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Supreme Court Act

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Language

English

Type

Legal Notice

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SUPREME COURT ACT

THE SUPREME COURT (PRESIDENTIAL ELECTION PETITION) RULES

LEGAL NOTICE 113 OF 2017

Published in Kenya Gazette Vol. CXIX—No. 105 on 28 July 2017
Commenced on 28 July 2017

[Amended by Supreme Court (Presidential Election Petition) (Amendment) Rules, 2019 (Legal Notice 7 of 2020) on 21 February 2020]
[Amended by Supreme Court Act (Presidential Election Petition) (Amendment) Rules, 2022 (Legal Notice 79 of 2022) on 20 May 2022]
[Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]

1. Citation

These Rules may be cited as the Supreme Court (Presidential Election Petition) Rules.

2. Interpretation

In these Rules, unless the context otherwise requires—"Act" means the Supreme Court Act (Cap. 9B);"Commission" means the Independent Electoral and Boundaries Commission established under Article 88 of the Constitution;"Court" has the meaning assigned to it under the Act;"document" includes an electronic document;"electronic document" means any text, graphic or spreadsheet generated and stored in any electronic media content, other than computer programs or system files, that is intended to be used in either electronic form or as printed output;"election" means an election of the President in accordance with the Article 138 and 140 of the Constitution;"filing" means presentation, verification and acknowledgement of receipt of the documents;"Judge" has the meaning assigned to it under the Act;"interested party" means a person that has an identifiable stake or legal interest or duty in the proceedings before the Court but is not a party to the proceedings or may not be directly involved in the matter;"nomination" has the meaning assigned to it under the Elections Act (Cap. 7);"petition" means a presidential election petition filed under rule 7;"petitioner" means a person who files a petition;"practice directions" means practice directions issued by the Chief Justice under rule 25;"Registrar" means the Registrar of the Court and includes a Deputy Registrar; and"respondent" means the President-elect and includes the Deputy President-elect, and any other person named in the petition as a respondent.[LN 7 of 2020, r. 2.]

3. Object of these Rules

The object of these Rules is to enable the Court to exercise its exclusive original jurisdiction under Article 163(3) (a) of the Constitution.

4. Application of these Rules

(1)These Rules apply to petitions in respect of presidential elections and includes petition arising—

(a)upon declaration by the Commission of the President-elect;

(b)pursuant to Article 138(1), (2), (3), (4), (5), (6) and (10); and

(c)pursuant to Article 140 of the Constitution.

(2)Where there is no applicable provision in the Act or in these Rules, the procedures set out in the Supreme Court Rules, 2012, in so far as they are not inconsistent with the Act or these Rules, shall apply to all election petitions.

5. Compliance with these Rules

The effect of any failure to comply with these Rules shall be a matter for determination at the Court's discretion subject to the provisions of Article 159(2)(d) of the Constitution.

6. Filing of petition

(1)A petition challenging the election of the President-elect shall be filed in Court within seven days after the date of the declaration of the results of the presidential election.

(2)The petitioner shall, on filing a petition, deposit a sum of one million shillings as security for costs.

(3)A petition is considered filed upon—

(a)payment of the prescribed court fee;

(b)depositing the security for costs; and

(c)stamping by the Registrar.

7. Petitions generally

(1)A petition under these Rules shall be in Form A set out in the Second Schedule.

(2)Before filing a petition, the petitioner shall—

(a)deposit a sum of one million shillings as security for costs; and

(b)pay the prescribed court fee.

(3)Where the petition is filed on the last available day of filing, it shall be filed before 1400hrs of that day.

(4)A petitioner shall ensure the electronic version of the petition and the documents in support of the petition are similar to the paper version presented.

(5)The Registrar shall reject a petition before it is filed where the intended petitioner has not conformed with this Rule.[LN 7 of 2020, r. 3.]

8. Form of petitions

(1)A petition may be filed by one or more persons joined as co-petitioners.

(2)A petition shall be signed by the petitioner or all the petitioners if they are more than one, or by a person duly authorized by the petitioner.

(3)A petition shall—

(a)be divided into paragraphs and numbered consecutively;

(b)have each paragraph being confined to a distinct portion of the subject;

(c)be printed or typed legibly; and

(d)briefly set out the facts and grounds relied on to sustain the relief claimed.

(4)A petitioner shall lodge, together with the petition, at least eight copies of the petition and all documents in support of the petition.

(5)An Affidavit in support of the petition shall be sworn personally by the petitioner or by one of the petitioners, if more than one, and shall —

(a)contain the grounds on which relief is sought, setting out the facts relied on by the petitioner or petitioners;

(b)be divided into paragraphs, each of which, as nearly as may be possible, shall be confined to a distinct portion of the subject, and every paragraph shall be numbered consecutively; and

(c)conclude with a statement setting out particulars of the relief sought.

[LN 7 of 2020, r. 4.]

9. Affidavits by witnesses

A petitioner shall, at the time of filing the petition, file an affidavit sworn by a witness setting out the substance of the evidence relied on.

10. Service of petition

(1)A petitioner shall, within twenty-four hours of filing, serve the petition on the respondent—

(a)directly on the respondent; or

(b)by advertisement in a newspaper with nationwide circulation.

(2)Subject to sub rule (l), the petitioner shall, within six hours of filing the petition, serve the respondent with the petition by electronic means.[LN 7 of 2020, r. 5.]

11. Response to petition

(1)On service of a petition under rule 10, a respondent who Responsetopetition intends to oppose the petition may, within four days of service of the petition, file and serye a response which shall—

(a)be in form of an answer to the petition in the manner specified in Form B set out in the Second ResponsetopetitionSchedule; and

(b)be accompanied by a replying affidavit(s) sworn by the respondent and any witnesses, setting out the substance of the evidence relied on.

(2)Where the respondent does not intend to oppose the petition, the respondent shall—

(a)file a notice of intention not to oppose the petition within three days of service of the petition in Form C set out in the Second Schedule; and

(b)cause a copy of the notice to be served upon the petitioner.

(3)Subject to the Court's direction, a respondent who has given notice of intention not to oppose a petition under sub-rule (2) shall not be allowed to appear or act as a party in the Petition in any subsequent proceedings.

11A. Rejoinder

The petitioner shall file and serve a rejoinder within twenty-four hours of being served with the response.[LN 7 of 2020, r. 6.]

12. Close of pleadings

The pleadings shall be closed upon filing a response to or notice of intention not to oppose the petition under Rule 11.[LN 7 of 2020, r. 7.]

13. Computation of time in multiple petitions

Where multiple petitions are filed, time, for purposes of Article 140(2) of the Constitution, starts running on the date the last petition is filed.

14. Pre-trial conference

(1)There shall be a pre-trial conference on the eighth day after filing of the petition.

(2)The Registrar shall notify all the parties to the petition of the date and time of the conference in Form D set out in the Second Schedule.

15. Issues for determination during pre-trial conference

The Court shall, at 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;

(ba)determine the number of advocates that the Court shall hear on behalf of each party;

(bb)allocate time for each party to address the Court;

(c)give directions specifying the place and time of the hearing of the petition; and

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

[LN 7 of 2020, r. 8.]

16. Written submissions

(1)Written submissions together with a list of authorities and a bundle of authorities shall be lodged in accordance with the directions of the Court.

(2)Written submissions shall be divided into paragraphs, numbered consecutively and each paragraph confined to a distinct portion of the subject.

(3)Written submissions shall be printed-

(a)on one side of the paper only with the printed pages facing up on the left;

(b)in at least font size twelve;

(c)with at least one and one-half line spacing, except for quotations from authorities, which shall be indented and single-spaced;

(d)with margins of no less than three centimetres by one and one-half inches; and

(e)not exceeding forty pages.

[L.N. 7/2020, r. 9.]

17. Interlocutory applications

(1)Any interlocutory application at the close of pleadings shall be filed together with written submissions, made in accordance with these Rules, and not exceeding five pages.

(2)Within twenty-four hours of filing the interlocutory application, the applicant shall serve the application on every respondent.

(3)The respondent shall file a response to the application together with written submissions not exceeding five pages within twenty-four hours of service.

(4)There shall be no rejoinder from the applicant in an interlocutory application.

(5)The Court may deliver the ruling on an interlocutory application by way of electronic communication to the parties.

(6)In delivering a ruling under sub rule (5), the Court may defer the giving of reasons for the decision to a later date.[LN 7 of 2020, r. 10.]

17A. Third party applications

(1)A person seeking to be admitted as a friend of the Court may apply for admission at the close of pleadings.

(2)An application made under sub-rule (1) shall include a friend of the court brief setting out the person's expertise and reasons for requesting the admission.

(3)The Court may deliver a ruling by way of electronic communication to the applicant.

(4)An application by any person to join the petition as an interested party shall not be allowed.[LN 7 of 2020, r. 11.]

18. Hearing of petitions

(1)The Court shall immediately after the pre-trial conference commence the hearing of the petition.

(2)The petition shall be determined on the basis of affidavit evidence and written submissions.

(3)A party who has lodged written submissions under this rule may, with leave of the Court, address the Court at the hearing of the petition.

(4)Upon commencement of the hearing of the petition by the Court, litigants, their advocates and advocates’ agents shall refrain from expressing their opinion on merit, demerit or predict the outcome of the petition in any manner that would prejudice or impede Court proceedings, until judgement is delivered.

(5)A breach of sub-rule (4) shall amount to contempt of Court under the Act and the Rules made thereunder.[LN 79 of 2022, r. 2.]

19. Hearing to proceed uninterrupted

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.

20. Withdrawal of the petition and substitution of a petitioner

(1)A petitioner may, with leave of the Court, withdraw the petition at any stage of the proceedings.

(2)An application under sub rule (1) shall be by notice of motion in Form E set out in the Second Schedule and shall be supported by an affidavit.

(3)The Court may, on an application for withdrawal of a petition under sub-rule (2), grant leave on such terms as it may deem fit and just.

21. Abatement

(1)A petition shall not abate on the sole ground that a petitioner or a respondent has died in the course of the proceedings.

(2)Subject to sub-rule (1), the Court may make any order as it may deem fit and just in the circumstances.

22. Orders of the Court

At the conclusion of the hearing of an election petition, the Court may make an order—

(a)dismissing the petition;

(b)invalidating the declaration made by the Commission under Article 138(5) of the Constitution;

(c)declaring the election of the President-elect to be—

(i)valid; or

(ii)invalid;

(d)on payment of costs; or

(e)as it may deem fit and just in the circumstances.

23. Determination of a petition

(1)Within fourteen days after filing of a petition, the Court shall determine the petition but may reserve its reasons to a date not later than twenty one days from the date the Court determines the petition.

(1A)Subject to Article 163(2) of the Constitution, all the Judges of the Court shall, as far as practicable, form the bench for hearing and determining the petition.

(2)The decision of the Court shall be final.[LN 7 of 2020, r. 12.]

24. Fees and costs

(1)The filing fees for petitions and other documents filed under these Rules shall be as set out in the Third Schedule.

(2)The Registrar shall be a taxing officer with power to tax the costs arising out of the proceedings under these Rules as between the parties.

(3)The costs taxed by the registrar under sub rule (2) shall be certified by the Court.

25. Practice directions

(1)The President of the Court may issue practice directions for the better carrying out of the provisions of these Rules.

(2)Where these Rules do not provide for the exercising of a right or for a procedure, the Court may adopt any procedure that is not inconsistent with the Constitution, the Act, these Rules or practice directions.[LN 7 of 2020, r. 13.]

26. Review of these Rules

The Court may review these Rules from time to time.

27. Revocation of L.N. 15/2013

The Supreme Court (Presidential Election Petition) Rules, 2013 (L.N. 15/2013) are revoked.

FIRST SCHEDULE

Deleted by L.N. 7/2020, r. 14.

SECOND SCHEDULE

FORM OF PETITION

FORM A		(r. 7)
IN THE SUPREME COURT OF KENYA AT NAIROBI
Petition No. ............. of 20 ...............
Between
............................................Petitioner
AND
............................................Respondent
PETITION

1. The humble petition of AB is as follows ....................... (set out, in consecutive paragraphs the specific issues contended by (each of the) petitioner(s) referring where necessary to the section of the Constitution or any Act of Parliament or decided cases relied upon.)2. (briefly set out the point of law raised).3. (briefly set out the facts necessary to enable the Court to properly decide the point of law raised).4. (set out in summary the grounds for the petition).5. (set out the arguments supporting each of the grounds of the petition).6. The question or issue for the determination by the Court is .......................... (state the question).7. The relief sought by the petitioner is ..............................DATED this ............... day of ................. 20 ................Signed ..........................................Petitioner ............................................................................... Advocate for the petitionerTo:The Supreme Court of KenyaCopies to be served on ....................................................................................Lodged in the Registry at .......................... on the .............. day of ...........................................Registrar

________________________

FORM B		(r. 11 (1)(a))
IN THE SUPREME COURT OF KENYA AT NAIROBI
Petition No. ............. of 20 ...............
Between
............................................Petitioner
AND
............................................Respondent
RESPONSE TO PETITION

In response to the petition, the respondents state that ................................ (state the facts and grounds on which the respondents rely).Wherefore your respondents pray that it be determined that the said ................................. was duly elected and the election was valid or invalid.Dated .............................. 20 ............ (Signed) A.Dated ............................. 20 ............ (Signed) B______________________________________________________________

FORM C		(r.11 (2)(a))
IN THE SUPREME COURT OF KENYA AT NAIROBI
Petition No. ............. of 20 ...............
Between
............................................Petitioner
AND
............................................Respondent
NOTICE OF INTENTION NOT TO OPPOSE THE PETITION

TAKE NOTICE that the respondent in this petition intends not to oppose the petition.Dated this ................... day of ................ 20 .................Signed ........................ Respondent ...........................Advocate for the respondentTo:The Registrar/Deputy registrar of the Supreme Court of KenyaCopies to be served on .............................. lodged in the registry/sub-registry at .................... of ......................., 20 .........................................Registrar_______________________________________________________

FORM D		(r. 14 (2))
IN THE SUPREME COURT OF KENYA AT NAIROBI
Petition No. ............. of 20 ...............
Between
............................................Petitioner
AND
............................................Respondent
NOTICE BY REGISTRAR OF PRE-TRIAL CONFERENCE

TAKE NOTICE that the date of the pre-trial conference has been fixed on this ................. day of ..................... 20 ..............Signed............................Registrar

____________

FORM E		(r. 20(2))
IN THE SUPREME COURT OF KENYA AT NAIROBI
Petition No. ............. of 20 ...............
Between
............................................Petitioner
AND
............................................Respondent
NOTICE OF MOTION

TAKE NOTICE that on ..................... the ............... day of ....................., 20 .........., at ..................... o'clock in the morning/afternoon or as soon thereafter as he can be heard, ............................................., Advocate for the above-named applicant, will move the Court for an order that ............................................on the grounds that .........................................................And for an order that the costs of and incidental to this application abide the result of the said appeal ................................................The application will be supported by the affidavit of ................................ sworn on the ............................ day of ..................., 20............ The address for service of the applicant is ............................................Dated this .............................. day of .............., 20 ...........Signed .................................. Applicant ...........................Advocate for the applicantLodged in the Registry on the ................. day of ................., 20 .............................................Registrar

THIRD SCHEDULE [r. 24(1)]

FEES

[L.N. 7/2020, r. 15.]

Item			KSh.
Upon lodging a petition			500,000
Security for costs			1,000,000
On filing a response to the petition			20,000
Upon lodging a notice of motion, including under certificate of urgency			30,000
Upon lodging an affidavit other than an affidavit annexed to a petition			6,000
Filing a notice of intention not to oppose the petition			4,000
Filing annexures (per folio)			200
Filing written submissions (per folio)			200

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History of this document

31 December 2022 this version

Revised by 24th Annual Supplement

20 May 2022

Amended by Supreme Court Act (Presidential Election Petition) (Amendment) Rules, 2022

Read this version

21 February 2020

Amended by Supreme Court (Presidential Election Petition) (Amendment) Rules, 2019

Read this version

28 July 2017

Published in Kenya Gazette 105

Commenced

Read this version

Cited documents 1

Act 1

1.	Supreme Court Act	643 citations

Documents citing this one 1

Judgment 1

1.	Owiso & 2 others v Attorney-General & another; Law Society of Kenya & 8 others (Interested Parties) (Petition (Application) E020 of 2025) [2025] KESC 52 (KLR) (Civ) (15 August 2025) (Ruling) Interpreted

The Supreme Court (Presidential Election Petition) Rules

Legal Notice 113 of 2017

The Supreme Court (Presidential Election Petition) Rules

Related documents

LAWS OF KENYA

SUPREME COURT ACT

THE SUPREME COURT (PRESIDENTIAL ELECTION PETITION) RULES

LEGAL NOTICE 113 OF 2017

1. Citation

2. Interpretation

3. Object of these Rules

4. Application of these Rules

5. Compliance with these Rules

6. Filing of petition

7. Petitions generally

8. Form of petitions

9. Affidavits by witnesses

10. Service of petition

11. Response to petition

11A. Rejoinder

12. Close of pleadings

13. Computation of time in multiple petitions

14. Pre-trial conference

15. Issues for determination during pre-trial conference

16. Written submissions

17. Interlocutory applications

17A. Third party applications

18. Hearing of petitions

19. Hearing to proceed uninterrupted

20. Withdrawal of the petition and substitution of a petitioner

21. Abatement

22. Orders of the Court

23. Determination of a petition

24. Fees and costs

25. Practice directions

26. Review of these Rules

27. Revocation of L.N. 15/2013

FIRST SCHEDULE

Deleted by L.N. 7/2020, r. 14.

SECOND SCHEDULE

FORM OF PETITION

________________________

____________

THIRD SCHEDULE [r. 24(1)]

FEES

History of this document

31 December 2022 this version

20 May 2022

21 February 2020

28 July 2017

Related documents

Repeals

Is amended by

Cited documents 1

Act 1

Documents citing this one 1

Judgment 1