OPINION :WHAT AWAITS THE COUNTRY AS PRESIDENTIAL POLLS HAVE BEEN ANNOUNCED
Wafula Chebukati, the IEBC
Chairman has announced the Presidential polls amidst a lot of disappointment from a quarter of Kenyans.
The ball now moves to the Supreme Court as all signs indicate the results may be challenged.
All eyes are now trained at the new Chief Justice, Martha Koome and the team.
The seven-judge bench comprising of the following justices; Martha Koome, Philomena Mwilu, Njoki Ndung’u, Smokin Wanjala, Jackton Ojwang’, Isaac Lenaola and Mohamed Ibrahim are the guys to watch. It is upon them to either prolong or make this electioneering period come to a close.
A number of issues will be arising out of this election including the inflation of the numbers in a number of constituencies.
According to the Chief Justice, presidential candidates will only have seven days to file petition challenging the election upon declaration of the official results.
Amicus curiae are entitled to file and serve an application within a day from the date of filing a response to a petition. With immediate effect, a pre-trial conference will proceed within 8 days. Afterwards that process stops, the petition starts. It is therefore the mandate of the Supreme Court within 14 days from the time the parties filed to ensure that they decide the matter accordingly and in a just manner.
The two guiding factors include Article 140(1) of the Constitution which allows an individual to file a petition in the Supreme Court to challenge the election of the President elect within 7 days after the announcement of the presidential election. The other is the Civil Appeal No. 105 of 2017 between IEBC and Mains Kiai & 5 others which declared Article 138 of the Constitution null and void.
By Lawyer Kipkoech Kima
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