Supreme Court registry makes accommodation for receipt of Raila petition

August 18, 2017 9:09 am
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An exterior shot of the Supreme Court building/FILE

, NAIROBI, Kenya, Aug 18 – The Supreme Court Registry will remain open from 7am Friday until midnight to give those who wish to petition the presidential election results ample time to do so.

In a dispatch to newsrooms on Thursday, the Supreme Court Registrar, Esther Nyaiyaki, said once a petition is filed, the registry will remain open until midnight on the fourth day following the filing, to receive responses.

The petitioner is expected to within two days of filing, to serve respondents.

“These working hours will be subject to such other directions as the Chief Justice may issue,” Nyaiyaki stated.

Chief Registrar of the Judiciary Anne Amadi said the move to extend the closing time of the Supreme Court Registry is in line with the legal deadline of seven days within which presidential petitions are to be filed as stipulated in Article 140(2) of the Constitution.

“We have to count the days as they are much as we appreciate a working day ends at 5pm. If you’re talking matters constitutional, you have to give it the full meaning and more so just taking into account the significance of this particular process,” Amadi told Citizen television on Thursday.

Since Monday, the registry has been open from 7am to 8pm to allow time for filing of petitions.

So far no petition has been filed but the National Super Alliance (NASA) leader, Raila Odinga, had on Wednesday indicated that he will be challenging President Uhuru Kenyatta’s re-election in court.

A pre-trial conference is expected to take place eight days after filing the petition, the hearing following immediately thereafter.

The matter is expected to be determined within 14 days of filing, in this case (if the petition is filed on Friday) by September 1.

The Supreme Court bench is expected to comprise of at least five judges.

But given the bench is fully constituted, all seven are expected to hear the matter, led by Chief Justice David Maraga, Deputy Chief Justice Philomena Mwilu, and Justices Jackton Ojwang’, Mohamed Ibrahim, Njoki Ndung’u, Smokin Wanjala and Isaac Lenaola.

In its defence of the Friday declaration and gazettement of President Uhuru Kenyatta as duly elected on August 8, the Independent Electoral and Boundaries Commission is widely expected to field experienced lawyers who will include Kamau Karuri and Paul Nyamodi while President Kenyatta will be represented by Paul Ngatia and Kimani Kiragu.

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