The court has denied the 'petition' for a presidential election.
In what could be the first 'petition' in the Supreme Court to challenge the presidential election results, a voter wrote to the Supreme Court and Chief Justice Martha Koome yesterday to prevent President-elect William Ruto from being sworn in.
However, Alfred Juma Ayora's bid was rejected due to noncompliance with the rules, which require the submission of a formal petition rather than letters. He had submitted a two-paragraph letter requesting that the election of Dr. Ruto and Deputy President-elect Rigathi Gachagua be declared invalid. However, the court advised him to file a petition instead.
According to the Supreme Court (Presidential Election Petition) Rules, 2017, a presidential election petition must be filed in the Supreme Court within seven days of the declaration of results.
Mr. Ayora was advised to seek the assistance of an advocate to help him advance his intended legal action. The letter, however, was stamped as received by the Chief Justice's Office. He claimed that the Independent Electoral and Boundaries Commission (IEBC) failed to conduct a free and fair election and requested a presidential re-run.
"I write to express my disappointment with this year's general election results for presidential candidates, which were announced by IEBC chairperson Wafula Chebukati on August 15, 2022," the one-page letter reads.
Election of a President
He believes the presidential election results are not credible as a result of the four commissioners' decision to disavow them. "I am hopeful that the court will consider my request and ensure that my democratic rights are respected." "I request that the court postpone the president-inauguration," elect Mr. Ayora says.
Filing a presidential election petition with the Supreme Court is a costly endeavor. It imposes financial and logistical burdens on petitioners, despite the fact that access to justice is a constitutionally guaranteed legal right.
While poll losers and disgruntled Kenyans or civil entities may consider contesting the election results, lawyers and the judiciary are hoping for a windfall in the form of fees.
According to the 2017 rules, the petitioner must have a minimum of Sh1.5 million to file a presidential election petition. A petition can only be considered filed after the Registrar receives payment and stamps it—Sh1 million for the security of the costs to be incurred during litigation and Sh500,000 for filing. When a respondent files a response to a petition, he or she is also charged Sh20,000.
A notice of motion costs Sh1,500, and a notice of motion with a certificate of urgency costs Sh2,750. A notice of intention not to oppose a petition costs Sh4,000, while annexes cost Sh50 per folio. Filing written submissions costs Sh50 per folio as well.