PRESIDENTIAL PETITION

How parties will be timed during Raila petition hearing

The hearing will take three days between Wednesday and Friday.

In Summary

• On the first day of hearings on Wednesday, main petitioners Raila and running mate Martha Karua have been allocated three hours to argue their case.

• On the second day of hearings on Thursday, the four IEBC commissioners who dissented over the presidential results will have the floor.

The seven-judge bench of the Supreme Court during the pre-trial conference on August 30, 2022.
The seven-judge bench of the Supreme Court during the pre-trial conference on August 30, 2022.
Image: DOUGLAS OKIDDY

The Supreme Court will on Wednesday start hearing arguments in the presidential petition challenging the election of William Ruto as President-elect.

The apex court on Tuesday consolidated seven petitions into one saying petitioners raised the same issues highlighted in the lead petition by Azimio la Umoja One Kenya presidential candidate Raila Odinga.

During the hearing, the court led by Chief Justice Martha Koome set the house rules to be observed during the hearing prior to the delivery of a verdict on September 5, 2022.

Among the rules are the number of lawyers allocated to each party and the time every party will take in delivering its argument over a three day period.

DAY ONE - WEDNESDAY

On the first day of hearings on Wednesday, main petitioners Raila and running mate Martha Karua have been allocated three hours to argue their case.

They have also been allowed to be represented by four lawyers in the petition.

All the other petitioners whose petitions were consolidated with Azimio's have been allowed two lawyers each and 30 minutes to argue their case.

DAY TWO - THURSDAY

On the second day of hearings on Thursday, the four IEBC commissioners who dissented over the presidential results will have the floor.

They have each been allowed to be represented by one lawyer and will have one hour at their disposal to share for their submissions.

The commissioners are Juliana Cherera, Francis Wanderi, Irene Masit and Justus Nyang'aya.

On the same day, President-elect William Ruto and Deputy President-elect Rigathi Gachagua who are the first and second respondents respectively will have three hours to deliver their arguments. 

They have also been allowed to be represented by four lawyers. 

The Independent Electoral and Boundaries Commission (IEBC) has also been allowed four lawyers but the commission has been allocated three hours to share with chairman Wafula Chebukati.

Chebukati, has on his part, been allowed to bring only one lawyer. 

Attorney General Kihara Kariuki has been allocated 30 minutes and allowed representation by one lawyer while each of the three friends of the court have been allowed one lawyer each.

Time allocated for the friends of court, also known as amici curiae, will be guided by the briefs they filed.

DAY THREE - FRIDAY   

On the third and final day of hearings before the court retreats to write its ruling, parties will be allowed time to deliver their rejoinders.

Raila's team has been allocated one hour while the other petitioners other than Youth Advocacy Africa and Peter Kirika have been allowed 15 minutes each.

Kirika and Youth Advocacy Africa, the third petitioner, have been given half an hour to deliver their rejoinders to arguments by respondents. 

Submissions on the scrutiny of Report

Raila's team will also be allowed thirty minutes to make submissions on the scrutiny of the report of the proceedings same as Ruto's legal team and that of the IEBC and Chebukati. 

Kirika and Youth Advocacy Africa will get 20 minutes, while petitioners Khelef Khalifa, George Osewe, Ruth Mumbi and Grace Kamau will get ten minutes.

The court will then retreat to write its verdict and return on September 5 to deliver the ruling.


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