The process that follows after the filing of a case in the Supreme Court Presidential candidate through the UDA Party in Kenya William Ruto ...
The process that follows after the filing of a case in the Supreme Court
Presidential candidate through the UDA Party in Kenya William Ruto is the elected President in the country.
This is after Ruto emerged as the winner by defeating his nearest rival Raila Amollo Odinga of Azimio after getting 7,176,141 votes against his main opponent who got 6,942930, according to the Chairman of the Independent Boundaries Commission (IEBC), Wafula Chebukati.
However, the Leader of Azimio la Umoja in Kenya, Raila Odinga, has opposed the election results and has submitted a petition to challenge the results.
But what is the process that is followed after filing a case against the results of the election?
For anyone who wants to do so, he has until, August 22 at 8:00 p.m. to file a case in the Supreme Court.
A petition challenging the victory of the president-elect shall be filed within seven days of the date of announcement of the results by the IEBC in accordance with the Constitution of Kenya, 2010. Section 140 (1) and the Supreme Court (Presidential Election Case) Rules 2017 , and Rule 6.
And after that, the Union of Azimio who is expected to file a petition will have one day, that is 24 hours, to inform his opponent of what he has accused him of, starting from the time the appeal was filed, who will also have four days to respond to the complaint filed against him.
Then the case will be heard and decided within 14 days. And the decision of the court will be the final one.
But within those 14 days there are important times when the defendant and the relevant parties in the case will need to consider.
The court, for example, requires the IEBC to submit certified copies of the receipts used to announce the results within 48 hours of being notified of the request.
The IEBC will also be required to submit the forms used to announce the results at the polling station, the constituency counting center and the national counting center.
The court says the plaintiff should submit to the defendant the complaints he submitted through electronic means within six hours after filing the case.
"Where the defendant does not want to oppose, he can submit a notice of intention not to oppose the request within three days of service," the law says.
The defendants will be allowed one day to respond to the issues raised, and there are also other people's requests to be submitted within one day.
And after that, the Supreme Court is expected to hold a preliminary meeting, and will remain in the worst case as expected, the court would hold a preliminary hearing on August 31 and thus may issue a decision by September 6.
And the case began to be heard immediately. It will continue without interruption every day, until the end of the case, unless there are exceptional circumstances. Raila Odinga has faced the situation of rejecting the results of the court election twice, in 2013 and 2017, when the presidential election was annulled.
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