145 petitions lodged after polls

April 11, 2013 4:36 pm
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20 petitions have been filed against elections of governors with Nyeri and Kilifi Counties having two petitions against the respective governors/FILE
20 petitions have been filed against elections of governors with Nyeri and Kilifi Counties having two petitions against the respective governors/FILE
NAIROBI, Kenya, Apr 11 – One hundred and forty-five election petitions have been filed in various courts after the March 4 General Election.

According to data supplied by the Judiciary, 20 petitions have been filed against elections of governors with Nyeri and Kilifi Counties having two petitions against the respective governors.

Seven petitions have also been filed against senators in Trans Nzoia, Machakos, Mandera, Bomet, Bungoma, Kwale and Kisii counties.

Against Members of Parliament, 56 petitions have been filed while another five petitions are pending against Women Representatives.

In the case of County assembly Representatives, 54 petitions have been lodged.

Three petitions have also been filed challenging the elections of County Assembly Speakers in Machakos, Bomet and Embu Counties.

The Elections Act provides that petitions in respect of all other elections other than the presidential election be heard and determined within six months from the date of lodging the petition.

All the petitions are required to have been filed within 28 days (which have now lapsed) after the declaration of the election results by the commission.

Section 75 of the Election Act states that: “A question as to validity of a county election shall be determined by the High Court within the county or nearest to the county.”

Section 75 (2) provides that: “A question under subsection (1) shall be heard and determined within six months of the date of lodging the petition.”

On Monday, the Independent Electoral and Boundaries Commission (IEBC) through its chairman Issack Hassan revealed that it had received fewer petitions than they anticipated.

He said that the commission had expected 500 petitions although he failed to expound on the rationale that informed the projection.

The commission has maintained that it conducted a free and fair election within the stipulations of the Constitution and the law.

Already, the Supreme Court has ruled in favour of the IEBC upholding the results announced by the commission declaring President Uhuru Kenyatta as the winner.

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