Supreme court publishes rules for presidential election petition

Chief Justice Martha Koome has put on notice lawyers and litigants from making comments on a presidential election petition.

Koome, who is also the president of the Supreme Court, has exclusive jurisdiction on presidential election petitions.

The directives bar litigants in the presidential election petitions and their advocates from expressing their opinion on the merits and demerits of such matters.

Litigants will also not be allowed to predict the outcomes of such petitions until the Apex court renders its verdict on the presidential poll outcome.

“Upon commencement of the hearing of the petition by the court, litigants, their advocates and advocates’ agents shall refrain from expressing their opinion on merit, demerit or predict the outcome of the petition in any manner that would prejudice or impede court proceedings, until judgment is delivered,” reads the new rule.

A breach of the direction will amount to contempt of court and those found culpable of breaching the rule will be punished.

The constitution of Kenya under Article 140 allows persons dissatisfied with presidential election results to file petitions challenging the election of the president-elect within seven days of the date of the declaration of the results.

On the other hand, the Supreme Court has a window of 14 days to hear and determine such petitions and its decision shall be final.

The amendment, which has since been gazetted, comes slightly over two months to the August 9 General Election.

The amendments to the rules that govern proceedings of the Supreme Court were however met with opposition from a section of lawyers in the country.

Former Law Society of Kenya (LSK) President Nelson Havi said he will file a petition in the High court terming the move retrogressive, unlawful and unconstitutional legal notice by CJ Martha Koome.

“I will file a petition in the High Court to have this retrogressive, unlawful, and unconstitutional legal notice by CJ Martha Koome quashed and declared null and void. The Judiciary cannot be the adjudicator and the legislator at the same time, worse still, in its own cause,” Havi said.

Senior Counsel Ahmednasir Abdullahi termed the amendment as sad.

“Sad… CJ Koome can do better!!!” he tweeted.

With the latest unfolding chances of the presidential ending up at the Supreme Court where Koome sits are high.