Events that follow as Raila challenges Ruto’s win at Supreme Court

Azimio la Umoja presidential candidate Raila Odinga moves to the Supreme Court on Monday to challenge President-Elect William Ruto’s win in the August 9 election. The petition must be filed by 2pm and the Supreme Court will have 14 days to determine the petition.

Ruto was declared President-Elect on Monday, August 15 but his win has been disputed by Raila. The ODM leader who was making a 5th stab at the top sit has claimed that the election was rigged in favour of Ruto.

Four IEBC Commissioners have also distanced themselves with the result raising issue with how chairman Wafula Chebukati conducted himself. Chebukati has however claimed that the four attempted to force him to moderate the final result to trigger a fresh election between Raila and Ruto.

Raila will be required to deposit Ksh.1,000,000 as security of costs before filing the Petition and pay the prescribed Court fee. The other fees include
Kshs 500,000 for lodging of the Petition; Kshs 20,000 lodging a Notice of Motion; and Kshs 30,000 lodging a Notice of Motion under Certificate of Urgency.

Other fees include Kshs 6,000 lodging an affidavit other than an affidavit annexed to a notice of motion; Kshs 200 Filing annexures (per Folio) and Kshs. 200 Filing Written Submissions (per Folio)

Raila is also to ensure electronic version of Petition and supporting documents are similar to the paper version presented. The former Prime Minister will be required to provide 8 hard copies of the Petition and all documents that accompany it.

Once the petition has been filed, Raila will have 24 hours to served the respondents – in this case IEBC, Chebukati and Ruto. Service can either be direct or by advertisement in a newspaper with nationwide circulation.

If Ruto, Chebukati and IEBC intend to oppose the Petition, they will be required to serve a response within four days of service. The response must be accompanied by replying affidavits sworn by the respondent and any witnesses with special regard to the substance of the evidence to be relied on.

A respondent who gives notice of intention not to oppose a petition will not be allowed to appear or act as a party in the Petition or in any subsequent proceedings.

Raila will be required to file and serve a rejoinder within 24 hours being served with the response.

The Supreme Court will hold a Pre-Trial Conference on Tuesday August 30, being the eighth day after filing of the petition on Monday.

During the Pre-Trial Conference, the court will frame the contested and uncontested Issues in the Petition as well as consider consolidation of Petitions in cases where more than one petition is filed.

The court will also determine the number of advocates it shall hear on behalf of each party,  allocate time for each and give directions specifying the place and time of the hearing of the petition.

The Court will, immediately after the pre-trial conference commence the hearing of the petition. The Petition will be determined on the basis of affidavit evidence and written submissions.

The hearing of the petition will proceed uninterrupted on a day to day basis until conclusion. Raila or any other petitions may, with leave of Court, withdraw the Petition at any stage of the proceedings.

At the Conclusion the Court may make the following orders: dismiss the petition; invalidate the declaration making Ruto President-elect; declare the election of the President-elect to be valid or invalid; and payment of costs.

The law requires the determination to be made by September 5 but the judges can reserve the reasons for their determination for a period not more than 21 days.

If the court issues a judgment in favour of the petition, the IEBC will be required to conduct another election within 60 days. If the petition is dismissed and Ruto’s election upheld, he will be sworn in on the first Tuesday following 7 days after the Supreme Court determination.

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