Arrangement of Sections
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THE SUPREME COURT RULES, 2011
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THE SUPREME COURT RULES, 2012
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THE SUPREME COURT RULES, 2012
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THE SUPREME COURT (PRESIDENTIAL ELECTION PETITION) RULES, 2013
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THE SUPREME COURT (PRESIDENTIAL ELECTION PETITION) RULES, 2017
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THE SUPREME COURT (PRESIDENTIAL ELECTION PETITION) RULES, 2017
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THE SUPREME COURT (PRESIDENTIAL ELECTION PETITION) RULES, 2017
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THE SUPREME COURT (PRESIDENTIAL ELECTION PETITION) RULES
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THE SUPREME COURT RULES, 2020
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THE SUPREME COURT RULES, 2020
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THE SUPREME COURT RULES
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THE SUPREME COURT (GENERAL) PRACTICE DIRECTIONS
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THE SUPREME COURT (GENERAL) PRACTICE DIRECTIONS
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SUPREME COURT (VIRTUAL SESSIONS) PRACTICE DIRECTIONS, 2023
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THE SUPREME COURT RULES, 2011
Revoked by Legal Notice 123 of 2012 on 1st February, 2013
Revoked by L.N. 123/2012, r. 56.
THE SUPREME COURT RULES, 2011
Revoked by Legal Notice 123 of 2012 on 1st February, 2013
THE SUPREME COURT RULES, 2012
Revoked by Legal Notice 6 of 2020 on 21st February, 2020
Revoked by L.N. 6/2020, r. 67.
THE SUPREME COURT RULES, 2012
Revoked by Legal Notice 6 of 2020 on 21st February, 2020
Revoked by L.N. 6/2020, r. 67.
THE SUPREME COURT RULES, 2012
Revoked by Legal Notice 6 of 2020 on 21st February, 2020
THE SUPREME COURT (PRESIDENTIAL ELECTION PETITION) RULES, 2013
Revoked by Legal Notice 113 of 2017 on 28th July, 2017
Revoked by L.N. 113/2017, r. 27.
THE SUPREME COURT (PRESIDENTIAL ELECTION PETITION) RULES, 2013
Revoked by Legal Notice 113 of 2017 on 28th July, 2017
THE SUPREME COURT (PRESIDENTIAL ELECTION PETITION) RULES
ARRANGEMENT OF RULES
4. |
Application of these Rules
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5. |
Compliance with these Rules
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9. |
Affidavits by witnesses
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13. |
Computation of time in multiple petitions
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15. |
Issues for determination during pre-trial conference
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17. |
Interlocutory applications
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17A. |
Third party applications
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19. |
Hearing to proceed uninterrupted
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20. |
Withdrawal of the petition and substitution of a petitioner
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23. |
Determination of a petition
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26. |
Review of these Rules
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27. |
Revocation of L.N. 15/2013
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SCHEDULES
FIRST SCHEDULE — |
PROVISIONS RELATING TO PETITIONS AND AFFIDAVITS
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SECOND SCHEDULE — |
FORM OF PETITION
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THIRD SCHEDULE [r. 24(1)] — |
FEES
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THE SUPREME COURT (PRESIDENTIAL ELECTION PETITION) RULES, 2017
1. |
Citation
These Rules may be cited as the Supreme Court (Presidential Election Petition) Rules, 2017.
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2. |
Interpretation
In these Rules, unless the context otherwise requires —
"Act" means the Supreme Court Act (No. 7 of 2011);
"Commission" means the Independent Electoral and Boundaries Commission established under Article 88 of the Constitution;
"Court" means the Supreme Court;
"document" includes an electronic document;
"electronic document" means any text, graphic or spreadsheet generated and stored in any electronic media content, other than computer programs or system files, that is intended to be used in either electronic form or as printed output;
"election" means an election of the President in accordance with the Article 138 and 140 of the Constitution;
"Judge" means a Judge of the Court;
"nomination" has the meaning assigned to it under the Elections Act, 20ll (No. 24 of 2011);
"petition" means a presidential election petition, and includes an affidavit required by these Rules to accompany the petition;
"petitioner" means a person filing a petition and includes a crosspetitioner;
"practice directions" means practice directions issued by the Chief Justice under rule 25;
"Registrar" means the Registrar of the Court and includes a Deputy Registrar; and
"respondent" means the President-elect and includes the Deputy President-elect, and any other person named in the petition as a respondent.
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3. |
Object of these Rules
The object of these Rules is to enable the Court to exercise its exclusive original jurisdiction under Article 163(3)(a) of the Constitution.
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4. |
Application of these Rules
(1) |
These Rules apply to petitions in respect of presidential elections and includes petition arising —
(a) |
upon declaration by the Commission of the President—elect;
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(b) |
pursuant to Article 138(l), (2), (3), (4), (5), (6) and (10); and
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(c) |
pursuant to Article 140 of the Constitution;
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(2) |
Where there is no applicable provision in the Act or in these Rules, the procedures set out in the Supreme Court Rules, 2012, in so far as they are not inconsistent with the Act or these Rules, shall apply to all election petitions.
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5. |
Compliance with these Rules
The effect of any failure to comply with these Rules shall be a matter for determination at the Court's discretion subject to the provisions of Article 159(2)(d) of the Constitution.
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6. |
Filing of petition
(1) |
A petition challenging the election of the President-elect shall be filed in Court within seven days after the date of the declaration of the results of the presidential election.
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(2) |
The petitioner shall, on filing a petition, deposit a sum of one million shillings as security for costs.
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(3) |
A petition is considered filed upon—
(a) |
payment of the prescribed court fee;
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(b) |
depositing the security for costs; and
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(c) |
stamping by the Registrar.
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7. |
Petitions generally
A petition under these Rules shall conform to the provisions of the First Schedule and shall be in Form A set out in the Second Schedule.
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8. |
Grounds of a petition
The grounds upon which a petition may be filed include—
(a) |
the validity of the conduct of a presidential election;
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(b) |
the validity of the qualification of a President-elect;
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(c) |
the commission of an election offence as provided under the Election Offences Act (No. 37 of 2016);
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(d) |
the validity of the nomination of a presidential candidate; or
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(e) |
any other ground that the Court deems sufficient, provided such ground shall not be frivolous, vexatious or scandalous.
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9. |
Affidavits by witnesses
A petitioner shall, at the time of filing the petition, file an affidavit sworn by a witness setting out the substance of the evidence relied on.
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10. |
Service of petition
(1) |
A petitioner shall, within two days of filing, serve the petition on the respondent—
(a) |
directly on the respondent; or
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(b) |
by advertisement in a newspaper with nationwide circulation.
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(2) |
Subject to sub rule (1), the petitioner shall, within six hours of filing the petition, serve the respondent with the petition by electronic means.
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11. |
Response to petition
(1) |
On service of a petition under rule 10, a respondent who Responsetopetition intends to oppose the petition may, within four days of service of the petition, file and serye a response which shall—
(a) |
be in form of an answer to the petition in the manner specified in Form B set out in the Second ResponsetopetitionSchedule; and
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(b) |
be accompanied by a replying affidavit(s) sworn by the respondent and any witnesses, setting out the substance of the evidence relied on.
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(2) |
Where the respondent does not intend to oppose the petition, the respondent shall —
(a) |
file a notice of intention not to oppose the petition within three days of service of the petition in Form C set out in the Second Schedule; and
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(b) |
cause a copy of the notice to be served upon the petitioner.
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(3) |
Subject to the Court's direction, a respondent who has given notice of intention not to oppose a petition under sub-rule (2) shall not be allowed to appear or act as a party in the Petition in any subsequent proceedings.
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12. |
Close of pleadings
The pleadings shall be closed upon filing a response to a petition or notice of intention not to oppose the petition under Rule 11.
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13. |
Computation of time in multiple petitions
Where multiple petitions are filed, time, for purposes of Article 140(2) of the Constitution, starts running on the date the last petition is filed.
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14. |
Pre-trial conference
(1) |
There shall be a pre-trial conference on the eighth day after filing of the petition.
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(2) |
The Registrar shall notify all the parties to the petition of the date and time of the conference in Form D set out in the Second Schedule.
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15. |
Issues for determination during pre-trial conference
The Court shall, at the pre-trial conference —
(a) |
frame contested and uncontested issues in the petition;
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(b) |
consider consolidation of petitions in cases where more than one petition is filed;
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(c) |
give directions specifying the place and time of the hearing of the petition; and
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(d) |
make such other orders as may be necessary to ensure a fair determination of the petition.
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16. |
written submissions
(1) |
Written submissions shall be lodged in accordance with the directions of the Court.
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(2) |
Written submissions shall be divided into paragraphs, numbered consecutively and each paragraph confined to a distinct portion of the subject.
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(3) |
Written submissions shall be printed—
(a) |
on one side of the paper only with the printed pages facing up on the left;
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(b) |
in at least font size twelve;
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(c) |
with at least one and one-half line spacing, except for quotations from authorities, which shall be indented and single-spaced; and
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(d) |
with margins of no less than three centimetres by one and one-half inches.
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17. |
Interlocutory applications
(1) |
An interlocutory application may be made within a day after the close of pleadings and shall be determined before the hearing commences on the basis of written submissions not exceeding five pages.
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(2) |
An interlocutory application shall not be filed after the hearing of the petition has commenced, if the interlocutory application could have, by its nature, been brought before the commencement of the hearing of the petition.
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18. |
Hearing of petitions
(1) |
The Court shall immediately after the pre-trial conference commence the hearing of the petition.
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(2) |
The petition shall be determined on the basis of affidavit evidence and written submissions.
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(3) |
A party who has lodged written submissions under this rule may, with leave of the Court, address the Court at the hearing of the petition.
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19. |
Hearing to proceed uninterrupted
Save in exceptional circumstances as may be determined by the Court, the hearing of a petition once commenced shall proceed uninterrupted on a day to day basis until its conclusion.
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20. |
Withdrawal of the petition and substitution of a petitioner
(1) |
A petitioner may, with leave of the Court, withdraw the petition at any stage of the proceedings.
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(2) |
An application under sub rule ( 1) shall be by notice of motion in Form E set out in the Second Schedule and shall be supported by an affidavit.
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(3) |
The Court may, on an application for withdrawal of a petition under sub-rule (2), grant leave on such terms as it may deem fit and just.
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21. |
Abatement
(1) |
A petition shall not abate on the sole ground that a petitioner or a respondent has died in the course of the proceedings.
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(2) |
Subject to sub-rule (1), the Court may make any order as it may deem fit and just in the circumstances.
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22. |
Orders of the Court
At the conclusion of the hearing of an election petition, the Court may make an order-
(b) |
invalidating the declaration made by the Commission under Article 138 (5) of the Constitution;
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(c) |
declaring the election of the President-elect to be—
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(e) |
as it may deem fit and just in the circumstances.
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23. |
Determination of a petition
(1) |
Within fourteen days after filing of a petition, the Court shall determine the petition but may reserve its reasons to a date not later than twenty one days from the date the Court determines the petition.
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(2) |
The decision of the Court shall be final.
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24. |
Fees and costs
(1) |
The filing fees for petitions and other documents filed under these Rules shall be as set out in the Third Schedule.
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(2) |
The Registrar shall be a taxing officer with power to tax the costs arising out of the proceedings under these Rules as between the parties.
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(3) |
The costs taxed by the registrar under sub rule (2) shall be certified by the Court.
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25. |
Practice directions
(1) |
The Chief Justice may issue practice directions for the better carrying out of the provisions of these Rules.
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(2) |
Where these Rules do not provide for the exercising of a right or for a procedure, the Court may adopt any procedure that is not inconsistent with the Constitution, the Act, these Rules or practice directions.
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26. |
Review of these Rules
The Court may review these Rules from time to time.
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27. |
Revocation of L.N. 15/2013
The Supreme Court (Presidential Election Petition) Rules, 2013 are revoked.
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FIRST SCHEDULE
PROVISIONS RELATING TO PETITIONS AND AFFIDAVITS
1. |
A petition may be filed by several persons who may be joined as co-petitioners.
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2. |
A petition shall be signed by the petitioner or all*the petitioners if they are more than one, or by the duly authorized advocate.
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3. |
A petition shall be divided into paragraphs, numbered consecutively, each paragraph being confined to a distinct portion of the subject, and shall be printed or typed legibly.
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4. |
A petition shall briefly set out the facts and grounds relied on to sustain the relief claimed.
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5. |
A petitioner shall lodge, together with the petition, at least eight copies of the petition and all documents which accompany it.
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6. |
An Affidavit in support of the petition shall be sworn personally by the petitioner or by one of the petitioners, if more than one, and shall—
(a) |
contain the grounds on which relief is sought, setting out the facts relied on by the petitioner or petitioners;
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(b) |
be divided into paragraphs, each of which, as nearly as may be, shall be confined to a distinct portion of the subject, and every paragraph shall be numbered consecutively; and
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(c) |
conclude with a statement setting out particulars of the relief sought.
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SECOND SCHEDULE
IN THE SUPREME COURT OF KENYA AT NAIROBI
Petition No. ........................ of 20 ...............
......................................................... Petitioner
........................................................... Respondent
1. |
The humble petition of AB is as follows ....................... (set out, in consecutive paragraphs the specific issues contended by (each of the) petitioner(s) referring where necessary to the section of the Constitution or any Act of Parliament or decided cases relied upon.)
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2. |
(briefly set out the point of law raised).
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3. |
(briefly set out the facts necessary to enable the Court to properly decide the point of law raised).
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4. |
(set out in summary the grounds for the petition).
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5. |
(set out the arguments supporting each of the grounds of the petition).
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6. |
The question or issue for the determination by the Court is .......................... (state the question).
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7. |
The relief sought by the petitioner is ..............................
DATED this ............... day of ................. 20 ................
Signed ..........................................
Petitioner ................................
............................................... Advocate for the petitioner
To:
The Supreme Court of Kenya
Copies to be served on .............................
.......................................................
Lodged in the Registry at .......................... on the .............. day of ...............
............................
Registrar
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IN THE SUPREME COURT OF KENYA AT NAIROBI
Petition No. ...................... of 20 ...............
.............................................................. Petitioner
.......................................................... Respondent
In response to the petition, the respondents state that ................................ (state the facts and grounds on which the respondents rely).
Wherefore your respondents pray that it be determined that the said ................................. was duly elected and the election was valid or invalid.
Dated .............................. 20 ............ (Signed) A.
Dated ............................. 20 ............ (Signed) B
IN THE SUPREME COURT OF KENYA AT NAIROBI
Petition No. ...................... of 20 ...............
.............................................................. Petitioner
.......................................................... Respondent
NOTICE OF INTENTION NOT TO OPPOSE THE PETITION
TAKE NOTICE that the respondent in this petition intends not to oppose the petition.
Dated this ................... day of ................ 20 .................
Signed ........................ Respondent ...........................
Advocate for the respondent
To:
The Registrar/Deputy registrar of the Supreme Court of Kenya
Copies to be served on .............................. lodged in the registry/sub-registry at .................... of ......................., 20 .............
............................
Registrar
IN THE SUPREME COURT OF KENYA AT NAIROBI
Petition No. ...................... of 20 ...............
.............................................................. Petitioner
.......................................................... Respondent
NOTICE BY REGISTRAR OF PRE-TRIAL CONFERENCE
TAKE NOTICE that the date of the pre-trial conference has been fixed on this ................. day of ..................... 20 ..............
Signed
............................
Registrar
IN THE SUPREME COURT OF KENYA AT NAIROBI
Petition No. ...................... of 20 ...............
.............................................................. Petitioner
.......................................................... Respondent
TAKE NOTICE that on ..................... the ............... day of ....................., 20 .........., at ..................... o'clock in the morning/afternoon or as soon thereafter as he can be heard, ............................................., Advocate for the above-named applicant, will move the Court for an order that ............................................
on the grounds that .........................................................
And for an order that the costs of and incidental to this application abide the result of the said appeal ................................................
The application will be supported by the affidavit of ................................ sworn on the ............................ day of ..................., 20............ The address for service of the applicant is ............................................
Dated this .............................. day of .............., 20 ...........
Signed .................................. Applicant ...........................
Advocate for the applicant
Lodged in the Registry on the ................. day of ................., 20 .............
................................
Registrar
THIRD SCHEDULE
Item
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KSh.
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On lodging a petition.
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500,000
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On filing a response to the petition.
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20,000
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On lodging a notice of motion.
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1,500
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On lodging a notice of motion under certificate of urgency
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2,750
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On lodging an affidavit, other than an affidavit annexed to a notice of motion.
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1,150
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On filing notice of intention not to oppose the petition.
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4,000
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Filing annexures (per folio).
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50
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Filing written submissions (per folio).
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50
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THE SUPREME COURT (PRESIDENTIAL ELECTION PETITION) RULES, 2017
1. |
Citation
These Rules may be cited as the Supreme Court (Presidential Election Petition) Rules, 2017.
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2. |
Interpretation
In these Rules, unless the context otherwise requires -
"Act" means the Supreme Court Act (No. 7 of 2011);
"Commission" means the Independent Electoral and Boundaries Commission established under Article 88 of the Constitution;
"Court" has the meaning assigned to it under the Act;
"document" includes an electronic document;
"electronic document" means any text, graphic or spreadsheet generated and stored in any electronic media content, other than computer programs or system files, that is intended to be used in either electronic form or as printed output;
"election" means an election of the President in accordance with the Article 138 and 140 of the Constitution;
"filing" means presentation, verification and acknowledgement of receipt of the documents;
"Judge" has the meaning assigned to it under the Act;
"interested party" means a person that has an identifiable stake or legal interest or duty in the proceedings before the Court but is not a party to the proceedings or may not be directly involved in the matter;
"nomination" has the meaning assigned to it under the Elections Act, 2011 (No. 24 of 2011);
"petition" means a presidential election petition filed under rule 7;
"petitioner" means a person who files a petition;
"practice directions" means practice directions issued by the Chief Justice under rule 25;
"Registrar" means the Registrar of the Court and includes a Deputy Registrar; and
"respondent" means the President-elect and includes the Deputy President-elect, and any other person named in the petition as a respondent.
[L.N. 7 of 2020, r. 2.]
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3. |
Object of these Rules
The object of these Rules is to enable the Court to exercise its exclusive original jurisdiction under Article 163(3) (a) of the Constitution.
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4. |
Application of these Rules
(1) |
These Rules apply to petitions in respect of presidential elections and includes petition arising -
(a) |
upon declaration by the Commission of the President-elect;
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(b) |
pursuant to Article 138(1), (2), (3), (4), (5), (6) and (10); and
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(c) |
pursuant to Article 140 of the Constitution.
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(2) |
Where there is no applicable provision in the Act or in these Rules, the procedures set out in the Supreme Court Rules, 2012, in so far as they are not inconsistent with the Act or these Rules, shall apply to all election petitions.
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5. |
Compliance with these Rules
The effect of any failure to comply with these Rules shall be a matter for determination at the Court's discretion subject to the provisions of Article 159(2)(d) of the Constitution.
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6. |
Filing of petition
(1) |
A petition challenging the election of the President-elect shall be filed in Court within seven days after the date of the declaration of the results of the presidential election.
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(2) |
The petitioner shall, on filing a petition, deposit a sum of one million shillings as security for costs.
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(3) |
A petition is considered filed upon—
(a) |
payment of the prescribed court fee;
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(b) |
depositing the security for costs; and
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(c) |
stamping by the Registrar.
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7. |
Petitions generally
(1) |
A petition under these Rules shall be in Form A set out in the Second Schedule.
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(2) |
Before filing a petition, the petitioner shall—
(a) |
deposit a sum of one million shillings as security for costs; and
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(b) |
pay the prescribed court fee.
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(3) |
Where the petition is filed on the last available day of filing, it shall be filed before 1400hrs of that day.
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(4) |
A petitioner shall ensure the electronic version of the petition and the documents in support of the petition are similar to the paper version presented.
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(5) |
The Registrar shall reject a petition before it is filed where the intended petitioner has not conformed with this Rule.
[L.N. 7 of 2020, r. 3.]
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8. |
Form of petitions
(1) |
A petition may be filed by one or more persons joined as co-petitioners.
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(2) |
A petition shall be signed by the petitioner or all the petitioners if they are more than one, or by a person duly authorized by the petitioner.
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(3) |
(a) |
be divided into paragraphs and numbered consecutively;
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(b) |
have each paragraph being confined to a distinct portion of the subject;
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(c) |
be printed or typed legibly; and
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(d) |
briefly set out the facts and grounds relied on to sustain the relief claimed.
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(4) |
A petitioner shall lodge, together with the petition, at least eight copies of the petition and all documents in support of the petition.
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(5) |
An Affidavit in support of the petition shall be sworn personally by the petitioner or by one of the petitioners, if more than one, and shall —
(a) |
contain the grounds on which relief is sought, setting out the facts relied on by the petitioner or petitioners;
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(b) |
be divided into paragraphs, each of which, as nearly as may be possible, shall be confined to a distinct portion of the subject, and every paragraph shall be numbered consecutively; and
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(c) |
conclude with a statement setting out particulars of the relief sought.
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9. |
Affidavits by witnesses
A petitioner shall, at the time of filing the petition, file an affidavit sworn by a witness setting out the substance of the evidence relied on.
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10. |
Service of petition
(1) |
A petitioner shall, within twenty-four hours of filing, serve the petition on the respondent—
(a) |
directly on the respondent; or
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(b) |
by advertisement in a newspaper with nationwide circulation.
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(2) |
Subject to sub rule (l), the petitioner shall, within six hours of filing the petition, serve the respondent with the petition by electronic means.
[L.N. 7 of 2020, r. 5.]
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11. |
Response to petition
(1) |
On service of a petition under rule 10, a respondent who Responsetopetition intends to oppose the petition may, within four days of service of the petition, file and serye a response which shall-
(a) |
be in form of an answer to the petition in the manner specified in Form B set out in the Second ResponsetopetitionSchedule; and
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(b) |
be accompanied by a replying affidavit(s) sworn by the respondent and any witnesses, setting out the substance of the evidence relied on.
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(2) |
Where the respondent does not intend to oppose the petition, the respondent shall -
(a) |
file a notice of intention not to oppose the petition within three days of service of the petition in Form C set out in the Second Schedule; and
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(b) |
cause a copy of the notice to be served upon the petitioner.
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(3) |
Subject to the Court's direction, a respondent who has given notice of intention not to oppose a petition under sub-rule (2) shall not be allowed to appear or act as a party in the Petition in any subsequent proceedings.
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11A. |
Rejoinder
The petitioner shall file and serve a rejoinder within twenty-four hours of being served with the response.
[L.N. 7 of 2020, r. 6.]
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12. |
Close of pleadings
The pleadings shall be closed upon filing a response to or notice of intention not to oppose the petition under Rule 11.
[L.N. 7 of 2020, r. 7.]
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13. |
Computation of time in multiple petitions
Where multiple petitions are filed, time, for purposes of Article 140(2) of the Constitution, starts running on the date the last petition is filed.
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14. |
Pre-trial conference
(1) |
There shall be a pre-trial conference on the eighth day after filing of the petition.
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(2) |
The Registrar shall notify all the parties to the petition of the date and time of the conference in Form D set out in the Second Schedule.
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15. |
Issues for determination during pre-trial conference
The Court shall, at the pre-trial conference —
(a) |
frame contested and uncontested issues in the petition;
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(b) |
consider consolidation of petitions in cases where more than one petition is filed;
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(ba) |
determine the number of advocates that the Court shall hear on behalf of each party;
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(bb) |
allocate time for each party to address the Court;
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(c) |
give directions specifying the place and time of the hearing of the petition; and
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(d) |
make such other orders as may be necessary to ensure a fair determination of the petition.
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16. |
written submissions
(1) |
Written submissions together with a list of authorities and a bundle of authorities shall be lodged in accordance with the directions of the Court.
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(2) |
Written submissions shall be divided into paragraphs, numbered consecutively and each paragraph confined to a distinct portion of the subject.
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(3) |
Written submissions shall be printed-
(a) |
on one side of the paper only with the printed pages facing up on the left;
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(b) |
in at least font size twelve;
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(c) |
with at least one and one-half line spacing, except for quotations from authorities, which shall be indented and single-spaced;
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(d) |
with margins of no less than three centimetres by one and one-half inches; and
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(e) |
not exceeding forty pages.
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17. |
Interlocutory applications
(1) |
Any interlocutory application at the close of pleadings shall be filed together with written submissions, made in accordance with these Rules, and not exceeding five pages.
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(2) |
Within twenty-four hours of filing the interlocutory application, the applicant shall serve the application on every respondent.
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(3) |
The respondent shall file a response to the application together with written submissions not exceeding five pages within twenty-four hours of service.
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(4) |
There shall be no rejoinder from the applicant in an interlocutory application.
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(5) |
The Court may deliver the ruling on an interlocutory application by way of electronic communication to the parties.
|
(6) |
In delivering a ruling under sub rule (5), the Court may defer the giving of reasons for the decision to a later date.
[L.N. 7 of 2020, r. 10.]
|
|
17A. |
Third party applications
(1) |
A person seeking to be admitted as a friend of the Court may apply for admission at the close of pleadings.
|
(2) |
An application made under sub-rule (1) shall include a friend of the court brief setting out the person's expertise and reasons for requesting the admission.
|
(3) |
The Court may deliver a ruling by way of electronic communication to the applicant.
|
(4) |
An application by any person to join the petition as an interested party shall not be allowed.
[L.N. 7 of 2020, r. 11.]
|
|
18. |
Hearing of petitions
(1) |
The Court shall immediately after the pre-trial conference commence the hearing of the petition.
|
(2) |
The petition shall be determined on the basis of affidavit evidence and written submissions.
|
(3) |
A party who has lodged written submissions under this rule may, with leave of the Court, address the Court at the hearing of the petition.
|
|
19. |
Hearing to proceed uninterrupted
Save in exceptional circumstances as may be determined by the Court, the hearing of a petition once commenced shall proceed uninterrupted on a day to day basis until its conclusion.
|
20. |
Withdrawal of the petition and substitution of a petitioner
(1) |
A petitioner may, with leave of the Court, withdraw the petition at any stage of the proceedings.
|
(2) |
An application under sub rule (1) shall be by notice of motion in Form E set out in the Second Schedule and shall be supported by an affidavit.
|
(3) |
The Court may, on an application for withdrawal of a petition under sub-rule (2), grant leave on such terms as it may deem fit and just.
|
|
21. |
Abatement
(1) |
A petition shall not abate on the sole ground that a petitioner or a respondent has died in the course of the proceedings.
|
(2) |
Subject to sub-rule (1), the Court may make any order as it may deem fit and just in the circumstances.
|
|
22. |
Orders of the Court
At the conclusion of the hearing of an election petition, the Court may make an order —
(b) |
invalidating the declaration made by the Commission under Article 138(5) of the Constitution;
|
(c) |
declaring the election of the President-elect to be—
|
(e) |
as it may deem fit and just in the circumstances.
|
|
23. |
Determination of a petition
(1) |
Within fourteen days after filing of a petition, the Court shall determine the petition but may reserve its reasons to a date not later than twenty one days from the date the Court determines the petition.
|
(1A) |
Subject to Article 163(2) of the Constitution, all the Judges of the Court shall, as far as practicable, form the bench for hearing and determining the petition.
|
(2) |
The decision of the Court shall be final.
[L.N. 7 of 2020, r. 12.]
|
|
24. |
Fees and costs
(1) |
The filing fees for petitions and other documents filed under these Rules shall be as set out in the Third Schedule.
|
(2) |
The Registrar shall be a taxing officer with power to tax the costs arising out of the proceedings under these Rules as between the parties.
|
(3) |
The costs taxed by the registrar under sub rule (2) shall be certified by the Court.
|
|
25. |
Practice directions
(1) |
The President of the Court may issue practice directions for the better carrying out of the provisions of these Rules.
|
(2) |
Where these Rules do not provide for the exercising of a right or for a procedure, the Court may adopt any procedure that is not inconsistent with the Constitution, the Act, these Rules or practice directions.
[L.N. 7 of 2020, r. 13.]
|
|
26. |
Review of these Rules
The Court may review these Rules from time to time.
|
27. |
Revocation of L.N. 15/2013
The Supreme Court (Presidential Election Petition) Rules, 2013 (L.N. 15/2013) are revoked.
|
FIRST SCHEDULE
Deleted by L.N. 7 of 2020, r. 14.
SECOND SCHEDULE
IN THE SUPREME COURT OF KENYA AT NAIROBI
Petition No. ........................ of 20 ...............
......................................................... Petitioner
........................................................... Respondent
1. |
The humble petition of AB is as follows ....................... (set out, in consecutive paragraphs the specific issues contended by (each of the) petitioner(s) referring where necessary to the section of the Constitution or any Act of Parliament or decided cases relied upon.)
|
2. |
(briefly set out the point of law raised).
|
3. |
(briefly set out the facts necessary to enable the Court to properly decide the point of law raised).
|
4. |
(set out in summary the grounds for the petition).
|
5. |
(set out the arguments supporting each of the grounds of the petition).
|
6. |
The question or issue for the determination by the Court is .......................... (state the question).
|
7. |
The relief sought by the petitioner is ..............................
DATED this ............... day of ................. 20 ................
Signed ..........................................
Petitioner ................................
............................................... Advocate for the petitioner
To:
The Supreme Court of Kenya
Copies to be served on .............................
.......................................................
Lodged in the Registry at .......................... on the .............. day of ...............
............................
Registrar
|
IN THE SUPREME COURT OF KENYA AT NAIROBI
Petition No. ...................... of 20 ...............
.............................................................. Petitioner
.......................................................... Respondent
In response to the petition, the respondents state that ................................ (state the facts and grounds on which the respondents rely).
Wherefore your respondents pray that it be determined that the said ................................. was duly elected and the election was valid or invalid.
Dated .............................. 20 ............ (Signed) A.
Dated ............................. 20 ............ (Signed) B
IN THE SUPREME COURT OF KENYA AT NAIROBI
Petition No. ...................... of 20 ...............
.............................................................. Petitioner
.......................................................... Respondent
NOTICE OF INTENTION NOT TO OPPOSE THE PETITION
TAKE NOTICE that the respondent in this petition intends not to oppose the petition.
Dated this ................... day of ................ 20 .................
Signed ........................ Respondent ...........................
Advocate for the respondent
To:
The Registrar/Deputy registrar of the Supreme Court of Kenya
Copies to be served on .............................. lodged in the registry/sub-registry at .................... of ......................., 20 .............
............................
Registrar
IN THE SUPREME COURT OF KENYA AT NAIROBI
Petition No. ...................... of 20 ...............
.............................................................. Petitioner
.......................................................... Respondent
NOTICE BY REGISTRAR OF PRE-TRIAL CONFERENCE
TAKE NOTICE that the date of the pre-trial conference has been fixed on this ................. day of ..................... 20 ..............
Signed
............................
Registrar
IN THE SUPREME COURT OF KENYA AT NAIROBI
Petition No. ...................... of 20 ...............
.............................................................. Petitioner
.......................................................... Respondent
TAKE NOTICE that on ..................... the ............... day of ....................., 20 .........., at ..................... o'clock in the morning/afternoon or as soon thereafter as he can be heard, ............................................., Advocate for the above-named applicant, will move the Court for an order that ............................................
on the grounds that .........................................................
And for an order that the costs of and incidental to this application abide the result of the said appeal ................................................
The application will be supported by the affidavit of ................................ sworn on the ............................ day of ..................., 20............ The address for service of the applicant is ............................................
Dated this .............................. day of .............., 20 ...........
Signed .................................. Applicant ...........................
Advocate for the applicant
Lodged in the Registry on the ................. day of ................., 20 .............
................................
Registrar
THIRD SCHEDULE
[Rule 24(1), L.N. 7 of 2020, r. 15.]
Item
|
KSh.
|
Upon lodging a petition
|
500,000
|
Security for costs
|
1,000,000
|
On filing a response to the petition
|
20,000
|
Upon lodging a notice of motion, including under certificate of urgency
|
30,000
|
Upon lodging an affidavit other than an affidavit annexed to a petition
|
6,000
|
Filing a notice of intention not to oppose the petition
|
4,000
|
Filing annexures (per folio)
|
200
|
Filing written submissions (per folio)
|
200
|
THE SUPREME COURT (PRESIDENTIAL ELECTION PETITION) RULES, 2017
1. |
Citation
These Rules may be cited as the Supreme Court (Presidential Election Petition) Rules, 2017.
|
2. |
Interpretation
In these Rules, unless the context otherwise requires -
"Commission" means the Independent Electoral and Boundaries Commission established under Article 88 of the Constitution;
"Court" has the meaning assigned to it under the Act;
"document" includes an electronic document;
"electronic document" means any text, graphic or spreadsheet generated and stored in any electronic media content, other than computer programs or system files, that is intended to be used in either electronic form or as printed output;
"election" means an election of the President in accordance with the Article 138 and 140 of the Constitution;
"filing" means presentation, verification and acknowledgement of receipt of the documents;
"Judge" has the meaning assigned to it under the Act;
"interested party" means a person that has an identifiable stake or legal interest or duty in the proceedings before the Court but is not a party to the proceedings or may not be directly involved in the matter;
"nomination" has the meaning assigned to it under the Elections Act, 2011 (No. 24 of 2011);
"petition" means a presidential election petition filed under rule 7;
"petitioner" means a person who files a petition;
"practice directions" means practice directions issued by the Chief Justice under rule 25;
"Registrar" means the Registrar of the Court and includes a Deputy Registrar; and
"respondent" means the President-elect and includes the Deputy President-elect, and any other person named in the petition as a respondent.
|
3. |
Object of these Rules
The object of these Rules is to enable the Court to exercise its exclusive original jurisdiction under Article 163(3) (a) of the Constitution.
|
4. |
Application of these Rules
(1) |
These Rules apply to petitions in respect of presidential elections and includes petition arising -
(a) |
upon declaration by the Commission of the President-elect;
|
(b) |
pursuant to Article 138(1), (2), (3), (4), (5), (6) and (10); and
|
(c) |
pursuant to Article 140 of the Constitution.
|
|
(2) |
Where there is no applicable provision in the Act or in these Rules, the procedures set out in the Supreme Court Rules, 2012, in so far as they are not inconsistent with the Act or these Rules, shall apply to all election petitions.
|
|
5. |
Compliance with these Rules
The effect of any failure to comply with these Rules shall be a matter for determination at the Court's discretion subject to the provisions of Article 159(2)(d) of the Constitution.
|
6. |
Filing of petition
(1) |
A petition challenging the election of the President-elect shall be filed in Court within seven days after the date of the declaration of the results of the presidential election.
|
(2) |
The petitioner shall, on filing a petition, deposit a sum of one million shillings as security for costs.
|
(3) |
A petition is considered filed upon—
(a) |
payment of the prescribed court fee;
|
(b) |
depositing the security for costs; and
|
(c) |
stamping by the Registrar.
|
|
|
7. |
Petitions generally
(1) |
A petition under these Rules shall be in Form A set out in the Second Schedule.
|
(2) |
Before filing a petition, the petitioner shall—
(a) |
deposit a sum of one million shillings as security for costs; and
|
(b) |
pay the prescribed court fee.
|
|
(3) |
Where the petition is filed on the last available day of filing, it shall be filed before 1400hrs of that day.
|
(4) |
A petitioner shall ensure the electronic version of the petition and the documents in support of the petition are similar to the paper version presented.
|
(5) |
The Registrar shall reject a petition before it is filed where the intended petitioner has not conformed with this Rule.
|
|
8. |
Form of petitions
(1) |
A petition may be filed by one or more persons joined as co-petitioners.
|
(2) |
A petition shall be signed by the petitioner or all the petitioners if they are more than one, or by a person duly authorized by the petitioner.
|
(3) |
(a) |
be divided into paragraphs and numbered consecutively;
|
(b) |
have each paragraph being confined to a distinct portion of the subject;
|
(c) |
be printed or typed legibly; and
|
(d) |
briefly set out the facts and grounds relied on to sustain the relief claimed.
|
|
(4) |
A petitioner shall lodge, together with the petition, at least eight copies of the petition and all documents in support of the petition.
|
(5) |
An Affidavit in support of the petition shall be sworn personally by the petitioner or by one of the petitioners, if more than one, and shall —
(a) |
contain the grounds on which relief is sought, setting out the facts relied on by the petitioner or petitioners;
|
(b) |
be divided into paragraphs, each of which, as nearly as may be possible, shall be confined to a distinct portion of the subject, and every paragraph shall be numbered consecutively; and
|
(c) |
conclude with a statement setting out particulars of the relief sought.
|
|
|
9. |
Affidavits by witnesses
A petitioner shall, at the time of filing the petition, file an affidavit sworn by a witness setting out the substance of the evidence relied on.
|
10. |
Service of petition
(1) |
A petitioner shall, within twenty-four hours of filing, serve the petition on the respondent—
(a) |
directly on the respondent; or
|
(b) |
by advertisement in a newspaper with nationwide circulation.
|
|
(2) |
Subject to sub rule (l), the petitioner shall, within six hours of filing the petition, serve the respondent with the petition by electronic means.
|
|
11. |
Response to petition
(1) |
On service of a petition under rule 10, a respondent who Responsetopetition intends to oppose the petition may, within four days of service of the petition, file and serye a response which shall-
(a) |
be in form of an answer to the petition in the manner specified in Form B set out in the Second ResponsetopetitionSchedule; and
|
(b) |
be accompanied by a replying affidavit(s) sworn by the respondent and any witnesses, setting out the substance of the evidence relied on.
|
|
(2) |
Where the respondent does not intend to oppose the petition, the respondent shall -
(a) |
file a notice of intention not to oppose the petition within three days of service of the petition in Form C set out in the Second Schedule; and
|
(b) |
cause a copy of the notice to be served upon the petitioner.
|
|
(3) |
Subject to the Court's direction, a respondent who has given notice of intention not to oppose a petition under sub-rule (2) shall not be allowed to appear or act as a party in the Petition in any subsequent proceedings.
|
|
11A. |
Rejoinder
The petitioner shall file and serve a rejoinder within twenty-four hours of being served with the response.
|
12. |
Close of pleadings
The pleadings shall be closed upon filing a response to or notice of intention not to oppose the petition under Rule 11.
|
13. |
Computation of time in multiple petitions
Where multiple petitions are filed, time, for purposes of Article 140(2) of the Constitution, starts running on the date the last petition is filed.
|
14. |
Pre-trial conference
(1) |
There shall be a pre-trial conference on the eighth day after filing of the petition.
|
(2) |
The Registrar shall notify all the parties to the petition of the date and time of the conference in Form D set out in the Second Schedule.
|
|
15. |
Issues for determination during pre-trial conference
The Court shall, at the pre-trial conference —
(a) |
frame contested and uncontested issues in the petition;
|
(b) |
consider consolidation of petitions in cases where more than one petition is filed;
|
(ba) |
determine the number of advocates that the Court shall hear on behalf of each party;
|
(bb) |
allocate time for each party to address the Court;
|
(c) |
give directions specifying the place and time of the hearing of the petition; and
|
(d) |
make such other orders as may be necessary to ensure a fair determination of the petition.
|
|
16. |
written submissions
(1) |
Written submissions together with a list of authorities and a bundle of authorities shall be lodged in accordance with the directions of the Court.
|
(2) |
Written submissions shall be divided into paragraphs, numbered consecutively and each paragraph confined to a distinct portion of the subject.
|
(3) |
Written submissions shall be printed-
(a) |
on one side of the paper only with the printed pages facing up on the left;
|
(b) |
in at least font size twelve;
|
(c) |
with at least one and one-half line spacing, except for quotations from authorities, which shall be indented and single-spaced;
|
(d) |
with margins of no less than three centimetres by one and one-half inches; and
|
(e) |
not exceeding forty pages.
|
|
|
17. |
Interlocutory applications
(1) |
Any interlocutory application at the close of pleadings shall be filed together with written submissions, made in accordance with these Rules, and not exceeding five pages.
|
(2) |
Within twenty-four hours of filing the interlocutory application, the applicant shall serve the application on every respondent.
|
(3) |
The respondent shall file a response to the application together with written submissions not exceeding five pages within twenty-four hours of service.
|
(4) |
There shall be no rejoinder from the applicant in an interlocutory application.
|
(5) |
The Court may deliver the ruling on an interlocutory application by way of electronic communication to the parties.
|
(6) |
In delivering a ruling under sub rule (5), the Court may defer the giving of reasons for the decision to a later date.
|
|
17A. |
Third party applications
(1) |
A person seeking to be admitted as a friend of the Court may apply for admission at the close of pleadings.
|
(2) |
An application made under sub-rule (1) shall include a friend of the court brief setting out the person's expertise and reasons for requesting the admission.
|
(3) |
The Court may deliver a ruling by way of electronic communication to the applicant.
|
(4) |
An application by any person to join the petition as an interested party shall not be allowed.
|
|
18. |
Hearing of petitions
(1) |
The Court shall immediately after the pre-trial conference commence the hearing of the petition.
|
(2) |
The petition shall be determined on the basis of affidavit evidence and written submissions.
|
(3) |
A party who has lodged written submissions under this rule may, with leave of the Court, address the Court at the hearing of the petition.
|
(4) |
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 judgement is delivered.
|
(5) |
A breach of sub-rule (4) shall amount to contempt of Court under the Act and the Rules made thereunder.
|
|
19. |
Hearing to proceed uninterrupted
Save in exceptional circumstances as may be determined by the Court, the hearing of a petition once commenced shall proceed uninterrupted on a day to day basis until its conclusion.
|
20. |
Withdrawal of the petition and substitution of a petitioner
(1) |
A petitioner may, with leave of the Court, withdraw the petition at any stage of the proceedings.
|
(2) |
An application under sub rule (1) shall be by notice of motion in Form E set out in the Second Schedule and shall be supported by an affidavit.
|
(3) |
The Court may, on an application for withdrawal of a petition under sub-rule (2), grant leave on such terms as it may deem fit and just.
|
|
21. |
Abatement
(1) |
A petition shall not abate on the sole ground that a petitioner or a respondent has died in the course of the proceedings.
|
(2) |
Subject to sub-rule (1), the Court may make any order as it may deem fit and just in the circumstances.
|
|
22. |
Orders of the Court
At the conclusion of the hearing of an election petition, the Court may make an order —
(b) |
invalidating the declaration made by the Commission under Article 138(5) of the Constitution;
|
(c) |
declaring the election of the President-elect to be—
|
(e) |
as it may deem fit and just in the circumstances.
|
|
23. |
Determination of a petition
(1) |
Within fourteen days after filing of a petition, the Court shall determine the petition but may reserve its reasons to a date not later than twenty one days from the date the Court determines the petition.
|
(1A) |
Subject to Article 163(2) of the Constitution, all the Judges of the Court shall, as far as practicable, form the bench for hearing and determining the petition.
|
(2) |
The decision of the Court shall be final.
|
|
24. |
Fees and costs
(1) |
The filing fees for petitions and other documents filed under these Rules shall be as set out in the Third Schedule.
|
(2) |
The Registrar shall be a taxing officer with power to tax the costs arising out of the proceedings under these Rules as between the parties.
|
(3) |
The costs taxed by the registrar under sub rule (2) shall be certified by the Court.
|
|
25. |
Practice directions
(1) |
The President of the Court may issue practice directions for the better carrying out of the provisions of these Rules.
|
(2) |
Where these Rules do not provide for the exercising of a right or for a procedure, the Court may adopt any procedure that is not inconsistent with the Constitution, the Act, these Rules or practice directions.
|
|
26. |
Review of these Rules
The Court may review these Rules from time to time.
|
27. |
Revocation of L.N. 15/2013
The Supreme Court (Presidential Election Petition) Rules, 2013 (L.N. 15/2013) are revoked.
|
FIRST SCHEDULE
Deleted by LN 7 of 2020, r. 14.
SECOND SCHEDULE
IN THE SUPREME COURT OF KENYA AT NAIROBI
Petition No. ........................ of 20 ...............
......................................................... Petitioner
........................................................... Respondent
1. |
The humble petition of AB is as follows ....................... (set out, in consecutive paragraphs the specific issues contended by (each of the) petitioner(s) referring where necessary to the section of the Constitution or any Act of Parliament or decided cases relied upon.)
|
2. |
(briefly set out the point of law raised).
|
3. |
(briefly set out the facts necessary to enable the Court to properly decide the point of law raised).
|
4. |
(set out in summary the grounds for the petition).
|
5. |
(set out the arguments supporting each of the grounds of the petition).
|
6. |
The question or issue for the determination by the Court is .......................... (state the question).
|
7. |
The relief sought by the petitioner is ..............................
DATED this ............... day of ................. 20 ................
Signed ..........................................
Petitioner ................................
............................................... Advocate for the petitioner
To:
The Supreme Court of Kenya
Copies to be served on .............................
.......................................................
Lodged in the Registry at .......................... on the .............. day of ...............
............................
Registrar
|
IN THE SUPREME COURT OF KENYA AT NAIROBI
Petition No. ...................... of 20 ...............
.............................................................. Petitioner
.......................................................... Respondent
In response to the petition, the respondents state that ................................ (state the facts and grounds on which the respondents rely).
Wherefore your respondents pray that it be determined that the said ................................. was duly elected and the election was valid or invalid.
Dated .............................. 20 ............ (Signed) A.
Dated ............................. 20 ............ (Signed) B
IN THE SUPREME COURT OF KENYA AT NAIROBI
Petition No. ...................... of 20 ...............
.............................................................. Petitioner
.......................................................... Respondent
NOTICE OF INTENTION NOT TO OPPOSE THE PETITION
TAKE NOTICE that the respondent in this petition intends not to oppose the petition.
Dated this ................... day of ................ 20 .................
Signed ........................ Respondent ...........................
Advocate for the respondent
To:
The Registrar/Deputy registrar of the Supreme Court of Kenya
Copies to be served on .............................. lodged in the registry/sub-registry at .................... of ......................., 20 .............
............................
Registrar
IN THE SUPREME COURT OF KENYA AT NAIROBI
Petition No. ...................... of 20 ...............
.............................................................. Petitioner
.......................................................... Respondent
NOTICE BY REGISTRAR OF PRE-TRIAL CONFERENCE
TAKE NOTICE that the date of the pre-trial conference has been fixed on this ................. day of ..................... 20 ..............
Signed
............................
Registrar
IN THE SUPREME COURT OF KENYA AT NAIROBI
Petition No. ...................... of 20 ...............
.............................................................. Petitioner
.......................................................... Respondent
TAKE NOTICE that on ..................... the ............... day of ....................., 20 .........., at ..................... o'clock in the morning/afternoon or as soon thereafter as he can be heard, ............................................., Advocate for the above-named applicant, will move the Court for an order that ............................................
on the grounds that .........................................................
And for an order that the costs of and incidental to this application abide the result of the said appeal ................................................
The application will be supported by the affidavit of ................................ sworn on the ............................ day of ..................., 20............ The address for service of the applicant is ............................................
Dated this .............................. day of .............., 20 ...........
Signed .................................. Applicant ...........................
Advocate for the applicant
Lodged in the Registry on the ................. day of ................., 20 .............
................................
Registrar
THIRD SCHEDULE
Item
|
KSh.
|
Upon lodging a petition
|
500,000
|
Security for costs
|
1,000,000
|
On filing a response to the petition
|
20,000
|
Upon lodging a notice of motion, including under certificate of urgency
|
30,000
|
Upon lodging an affidavit other than an affidavit annexed to a petition
|
6,000
|
Filing a notice of intention not to oppose the petition
|
4,000
|
Filing annexures (per folio)
|
200
|
Filing written submissions (per folio)
|
200
|
THE SUPREME COURT (PRESIDENTIAL ELECTION PETITION) RULES
1. |
Citation
These Rules may be cited as the Supreme Court (Presidential Election Petition) Rules.
|
2. |
Interpretation
In these Rules, unless the context otherwise requires—
"Act" means the Supreme Court Act (Cap. 9B);
"Commission" means the Independent Electoral and Boundaries Commission established under Article 88 of the Constitution;
"Court" has the meaning assigned to it under the Act;
"document" includes an electronic document;
"electronic document" means any text, graphic or spreadsheet generated and stored in any electronic media content, other than computer programs or system files, that is intended to be used in either electronic form or as printed output;
"election" means an election of the President in accordance with the Article 138 and 140 of the Constitution;
"filing" means presentation, verification and acknowledgement of receipt of the documents;
"Judge" has the meaning assigned to it under the Act;
"interested party" means a person that has an identifiable stake or legal interest or duty in the proceedings before the Court but is not a party to the proceedings or may not be directly involved in the matter;
"nomination" has the meaning assigned to it under the Elections Act (Cap. 7);
"petition" means a presidential election petition filed under rule 7;
"petitioner" means a person who files a petition;
"practice directions" means practice directions issued by the Chief Justice under rule 25;
"Registrar" means the Registrar of the Court and includes a Deputy Registrar; and
"respondent" means the President-elect and includes the Deputy President-elect, and any other person named in the petition as a respondent.
|
3. |
Object of these Rules
The object of these Rules is to enable the Court to exercise its exclusive original jurisdiction under Article 163(3) (a) of the Constitution.
|
4. |
Application of these Rules
(1) |
These Rules apply to petitions in respect of presidential elections and includes petition arising—
(a) |
upon declaration by the Commission of the President-elect;
|
(b) |
pursuant to Article 138(1), (2), (3), (4), (5), (6) and (10); and
|
(c) |
pursuant to Article 140 of the Constitution.
|
|
(2) |
Where there is no applicable provision in the Act or in these Rules, the procedures set out in the Supreme Court Rules, 2012, in so far as they are not inconsistent with the Act or these Rules, shall apply to all election petitions.
|
|
5. |
Compliance with these Rules
The effect of any failure to comply with these Rules shall be a matter for determination at the Court's discretion subject to the provisions of Article 159(2)(d) of the Constitution.
|
6. |
Filing of petition
(1) |
A petition challenging the election of the President-elect shall be filed in Court within seven days after the date of the declaration of the results of the presidential election.
|
(2) |
The petitioner shall, on filing a petition, deposit a sum of one million shillings as security for costs.
|
(3) |
A petition is considered filed upon—
(a) |
payment of the prescribed court fee;
|
(b) |
depositing the security for costs; and
|
(c) |
stamping by the Registrar.
|
|
|
7. |
Petitions generally
(1) |
A petition under these Rules shall be in Form A set out in the Second Schedule.
|
(2) |
Before filing a petition, the petitioner shall—
(a) |
deposit a sum of one million shillings as security for costs; and
|
(b) |
pay the prescribed court fee.
|
|
(3) |
Where the petition is filed on the last available day of filing, it shall be filed before 1400hrs of that day.
|
(4) |
A petitioner shall ensure the electronic version of the petition and the documents in support of the petition are similar to the paper version presented.
|
(5) |
The Registrar shall reject a petition before it is filed where the intended petitioner has not conformed with this Rule.
|
|
8. |
Form of petitions
(1) |
A petition may be filed by one or more persons joined as co-petitioners.
|
(2) |
A petition shall be signed by the petitioner or all the petitioners if they are more than one, or by a person duly authorized by the petitioner.
|
(3) |
(a) |
be divided into paragraphs and numbered consecutively;
|
(b) |
have each paragraph being confined to a distinct portion of the subject;
|
(c) |
be printed or typed legibly; and
|
(d) |
briefly set out the facts and grounds relied on to sustain the relief claimed.
|
|
(4) |
A petitioner shall lodge, together with the petition, at least eight copies of the petition and all documents in support of the petition.
|
(5) |
An Affidavit in support of the petition shall be sworn personally by the petitioner or by one of the petitioners, if more than one, and shall —
(a) |
contain the grounds on which relief is sought, setting out the facts relied on by the petitioner or petitioners;
|
(b) |
be divided into paragraphs, each of which, as nearly as may be possible, shall be confined to a distinct portion of the subject, and every paragraph shall be numbered consecutively; and
|
(c) |
conclude with a statement setting out particulars of the relief sought.
|
|
|
9. |
Affidavits by witnesses
A petitioner shall, at the time of filing the petition, file an affidavit sworn by a witness setting out the substance of the evidence relied on.
|
10. |
Service of petition
(1) |
A petitioner shall, within twenty-four hours of filing, serve the petition on the respondent—
(a) |
directly on the respondent; or
|
(b) |
by advertisement in a newspaper with nationwide circulation.
|
|
(2) |
Subject to sub rule (l), the petitioner shall, within six hours of filing the petition, serve the respondent with the petition by electronic means.
|
|
11. |
Response to petition
(1) |
On service of a petition under rule 10, a respondent who Responsetopetition intends to oppose the petition may, within four days of service of the petition, file and serye a response which shall—
(a) |
be in form of an answer to the petition in the manner specified in Form B set out in the Second ResponsetopetitionSchedule; and
|
(b) |
be accompanied by a replying affidavit(s) sworn by the respondent and any witnesses, setting out the substance of the evidence relied on.
|
|
(2) |
Where the respondent does not intend to oppose the petition, the respondent shall—
(a) |
file a notice of intention not to oppose the petition within three days of service of the petition in Form C set out in the Second Schedule; and
|
(b) |
cause a copy of the notice to be served upon the petitioner.
|
|
(3) |
Subject to the Court's direction, a respondent who has given notice of intention not to oppose a petition under sub-rule (2) shall not be allowed to appear or act as a party in the Petition in any subsequent proceedings.
|
|
11A. |
Rejoinder
The petitioner shall file and serve a rejoinder within twenty-four hours of being served with the response.
|
12. |
Close of pleadings
The pleadings shall be closed upon filing a response to or notice of intention not to oppose the petition under Rule 11.
|
13. |
Computation of time in multiple petitions
Where multiple petitions are filed, time, for purposes of Article 140(2) of the Constitution, starts running on the date the last petition is filed.
|
14. |
Pre-trial conference
(1) |
There shall be a pre-trial conference on the eighth day after filing of the petition.
|
(2) |
The Registrar shall notify all the parties to the petition of the date and time of the conference in Form D set out in the Second Schedule.
|
|
15. |
Issues for determination during pre-trial conference
The Court shall, at the pre-trial conference—
(a) |
frame contested and uncontested issues in the petition;
|
(b) |
consider consolidation of petitions in cases where more than one petition is filed;
|
(ba) |
determine the number of advocates that the Court shall hear on behalf of each party;
|
(bb) |
allocate time for each party to address the Court;
|
(c) |
give directions specifying the place and time of the hearing of the petition; and
|
(d) |
make such other orders as may be necessary to ensure a fair determination of the petition.
|
|
16. |
Written submissions
(1) |
Written submissions together with a list of authorities and a bundle of authorities shall be lodged in accordance with the directions of the Court.
|
(2) |
Written submissions shall be divided into paragraphs, numbered consecutively and each paragraph confined to a distinct portion of the subject.
|
(3) |
Written submissions shall be printed-
(a) |
on one side of the paper only with the printed pages facing up on the left;
|
(b) |
in at least font size twelve;
|
(c) |
with at least one and one-half line spacing, except for quotations from authorities, which shall be indented and single-spaced;
|
(d) |
with margins of no less than three centimetres by one and one-half inches; and
|
(e) |
not exceeding forty pages.
|
|
|
17. |
Interlocutory applications
(1) |
Any interlocutory application at the close of pleadings shall be filed together with written submissions, made in accordance with these Rules, and not exceeding five pages.
|
(2) |
Within twenty-four hours of filing the interlocutory application, the applicant shall serve the application on every respondent.
|
(3) |
The respondent shall file a response to the application together with written submissions not exceeding five pages within twenty-four hours of service.
|
(4) |
There shall be no rejoinder from the applicant in an interlocutory application.
|
(5) |
The Court may deliver the ruling on an interlocutory application by way of electronic communication to the parties.
|
(6) |
In delivering a ruling under sub rule (5), the Court may defer the giving of reasons for the decision to a later date.
|
|
17A. |
Third party applications
(1) |
A person seeking to be admitted as a friend of the Court may apply for admission at the close of pleadings.
|
(2) |
An application made under sub-rule (1) shall include a friend of the court brief setting out the person's expertise and reasons for requesting the admission.
|
(3) |
The Court may deliver a ruling by way of electronic communication to the applicant.
|
(4) |
An application by any person to join the petition as an interested party shall not be allowed.
|
|
18. |
Hearing of petitions
(1) |
The Court shall immediately after the pre-trial conference commence the hearing of the petition.
|
(2) |
The petition shall be determined on the basis of affidavit evidence and written submissions.
|
(3) |
A party who has lodged written submissions under this rule may, with leave of the Court, address the Court at the hearing of the petition.
|
(4) |
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 judgement is delivered.
|
(5) |
A breach of sub-rule (4) shall amount to contempt of Court under the Act and the Rules made thereunder.
|
|
19. |
Hearing to proceed uninterrupted
Save in exceptional circumstances as may be determined by the Court, the hearing of a petition once commenced shall proceed uninterrupted on a day to day basis until its conclusion.
|
20. |
Withdrawal of the petition and substitution of a petitioner
(1) |
A petitioner may, with leave of the Court, withdraw the petition at any stage of the proceedings.
|
(2) |
An application under sub rule (1) shall be by notice of motion in Form E set out in the Second Schedule and shall be supported by an affidavit.
|
(3) |
The Court may, on an application for withdrawal of a petition under sub-rule (2), grant leave on such terms as it may deem fit and just.
|
|
21. |
Abatement
(1) |
A petition shall not abate on the sole ground that a petitioner or a respondent has died in the course of the proceedings.
|
(2) |
Subject to sub-rule (1), the Court may make any order as it may deem fit and just in the circumstances.
|
|
22. |
Orders of the Court
At the conclusion of the hearing of an election petition, the Court may make an order—
(b) |
invalidating the declaration made by the Commission under Article 138(5) of the Constitution;
|
(c) |
declaring the election of the President-elect to be—
|
(e) |
as it may deem fit and just in the circumstances.
|
|
23. |
Determination of a petition
(1) |
Within fourteen days after filing of a petition, the Court shall determine the petition but may reserve its reasons to a date not later than twenty one days from the date the Court determines the petition.
|
(1A) |
Subject to Article 163(2) of the Constitution, all the Judges of the Court shall, as far as practicable, form the bench for hearing and determining the petition.
|
(2) |
The decision of the Court shall be final.
|
|
24. |
Fees and costs
(1) |
The filing fees for petitions and other documents filed under these Rules shall be as set out in the Third Schedule.
|
(2) |
The Registrar shall be a taxing officer with power to tax the costs arising out of the proceedings under these Rules as between the parties.
|
(3) |
The costs taxed by the registrar under sub rule (2) shall be certified by the Court.
|
|
25. |
Practice directions
(1) |
The President of the Court may issue practice directions for the better carrying out of the provisions of these Rules.
|
(2) |
Where these Rules do not provide for the exercising of a right or for a procedure, the Court may adopt any procedure that is not inconsistent with the Constitution, the Act, these Rules or practice directions.
|
|
26. |
Review of these Rules
The Court may review these Rules from time to time.
|
27. |
Revocation of L.N. 15/2013
The Supreme Court (Presidential Election Petition) Rules, 2013 (L.N. 15/2013) are revoked.
|
FIRST SCHEDULE
PROVISIONS RELATING TO PETITIONS AND AFFIDAVITS
l. A petition may be filed by several persons who may be joined as co-petitioners.
2. A petition shall be signed by the petitioner or all*the petitioners if they are more than one, or by the duly authorized advocate.
3. A petition shall be divided into paragraphs, numbered consecutively, each paragraph being confined to a distinct portion of the subject, and shall be printed or typed legibly.
4. A petition shall briefly set out the facts and grounds relied on to sustain the relief claimed.
5. A petitioner shall lodge, together with the petition, at least eight copies of the petition and all documents which accompany it.
6. An Affidavit in support of the petition shall be sworn personally by the petitioner or by one of the petitioners, if more than one, and shall-
(a) contain the grounds on which relief is sought, setting out the facts relied on by the petitioner or petitioners;
(b) be divided into paragraphs, each of which, as nearly as may be, shall be confined to a distinct portion of the subject, and every paragraph shall be numbered consecutively; and
(c) conclude with a statement setting out particulars of the relief sought
Deleted by L.N. 7/2020, r. 14.
SECOND SCHEDULE
FORM OF PETITION
FORM A
|
(r. 7)
|
IN THE SUPREME COURT OF KENYA AT NAIROBI
|
Petition No. ............. of 20 ...............
|
Between
|
............................................Petitioner
|
AND
|
............................................Respondent
|
PETITION
|
1. The humble petition of AB is as follows ....................... (set out, in consecutive paragraphs the specific issues contended by (each of the) petitioner(s) referring where necessary to the section of the Constitution or any Act of Parliament or decided cases relied upon.)
2. (briefly set out the point of law raised).
3. (briefly set out the facts necessary to enable the Court to properly decide the point of law raised).
4. (set out in summary the grounds for the petition).
5. (set out the arguments supporting each of the grounds of the petition).
6. The question or issue for the determination by the Court is .......................... (state the question).
7. The relief sought by the petitioner is ..............................
DATED this ............... day of ................. 20 ................
Signed ..........................................
Petitioner ................................
............................................... Advocate for the petitioner
To:
The Supreme Court of Kenya
Copies to be served on .............................
.......................................................
Lodged in the Registry at .......................... on the .............. day of ...............
............................
Registrar
FORM B
|
(r. 11 (1)(a))
|
IN THE SUPREME COURT OF KENYA AT NAIROBI
|
Petition No. ............. of 20 ...............
|
Between
|
............................................Petitioner
|
AND
|
............................................Respondent
|
RESPONSE TO PETITION
|
In response to the petition, the respondents state that ................................ (state the facts and grounds on which the respondents rely).
Wherefore your respondents pray that it be determined that the said ................................. was duly elected and the election was valid or invalid.
Dated .............................. 20 ............ (Signed) A.
Dated ............................. 20 ............ (Signed) B
______________________________________________________________
FORM C
|
(r.11 (2)(a))
|
IN THE SUPREME COURT OF KENYA AT NAIROBI
|
Petition No. ............. of 20 ...............
|
Between
|
............................................Petitioner
|
AND
|
............................................Respondent
|
NOTICE OF INTENTION NOT TO OPPOSE THE PETITION
|
TAKE NOTICE that the respondent in this petition intends not to oppose the petition.
Dated this ................... day of ................ 20 .................
Signed ........................ Respondent ...........................
Advocate for the respondent
To:
The Registrar/Deputy registrar of the Supreme Court of Kenya
Copies to be served on .............................. lodged in the registry/sub-registry at .................... of ......................., 20 .............
............................
Registrar
_______________________________________________________
FORM D
|
(r. 14 (2))
|
IN THE SUPREME COURT OF KENYA AT NAIROBI
|
Petition No. ............. of 20 ...............
|
Between
|
............................................Petitioner
|
AND
|
............................................Respondent
|
NOTICE BY REGISTRAR OF PRE-TRIAL CONFERENCE
|
TAKE NOTICE that the date of the pre-trial conference has been fixed on this ................. day of ..................... 20 ..............
Signed
............................
Registrar
FORM E
|
(r. 20(2))
|
IN THE SUPREME COURT OF KENYA AT NAIROBI
|
Petition No. ............. of 20 ...............
|
Between
|
............................................Petitioner
|
AND
|
............................................Respondent
|
NOTICE OF MOTION
|
TAKE NOTICE that on ..................... the ............... day of ....................., 20 .........., at ..................... o'clock in the morning/afternoon or as soon thereafter as he can be heard, ............................................., Advocate for the above-named applicant, will move the Court for an order that ............................................on the grounds that .........................................................
And for an order that the costs of and incidental to this application abide the result of the said appeal ................................................
The application will be supported by the affidavit of ................................ sworn on the ............................ day of ..................., 20............ The address for service of the applicant is ............................................
Dated this .............................. day of .............., 20 ...........
Signed .................................. Applicant ...........................
Advocate for the applicant
Lodged in the Registry on the ................. day of ................., 20 .............
................................
Registrar
THIRD SCHEDULE [r. 24(1)]
FEES
Item
|
KSh.
|
Upon lodging a petition
|
500,000
|
Security for costs
|
1,000,000
|
On filing a response to the petition
|
20,000
|
Upon lodging a notice of motion, including under certificate of urgency
|
30,000
|
Upon lodging an affidavit other than an affidavit annexed to a petition
|
6,000
|
Filing a notice of intention not to oppose the petition
|
4,000
|
Filing annexures (per folio)
|
200
|
Filing written submissions (per folio)
|
200
|
THE SUPREME COURT RULES, 2020
Revoked by Legal Notice 101 of 2020 on 12th June, 2020
Revoked by L.N. 101/2020, r. 67.
THE SUPREME COURT RULES, 2020
Revoked by Legal Notice 101 of 2020 on 12th June, 2020
ARRANGEMENT OF RULES
PART II – ADMINISTRATION OF THE COURT
4. |
Duties of the President
|
9. |
Sealing of Court documents
|
11. |
Maintenance of the register
|
PART III – CASE MANAGEMENT
14. |
Hours of filing documents
|
15. |
Computation and extension of time
|
16. |
Service and transmission of documents
|
18. |
Representation in Court
|
19. |
Participation of friends of the Court
|
20. |
Assignment of advocate by court
|
22. |
Scheduling conference
|
23. |
List and bundle of authorities
|
PART IV – CONDUCT OF PROCEEDINGS
26. |
Admission of additional evidence
|
27. |
Withdrawal of proceedings
|
PART V – APPLICATIONS
31. |
Interlocutory applications
|
33. |
Application for certification
|
34. |
Non-attendance at hearing of application
|
35. |
Abatement of applications
|
PART VI – APPEALS
37. |
Service of Notice of Appeal
|
38. |
Institution of appeal
|
39. |
Form of Petition of an appeal
|
40. |
Content of a record of Appeals from the Court of Appeal
|
41. |
Content of a record of Appeal from other courts or tribunals
|
42. |
Response to petition of appeal
|
44. |
Death of respondent before service of notice
|
46. |
Default in instituting appeal
|
47. |
Notice of cross-appeal
|
48. |
Notice of grounds for affirming decision and service
|
49. |
Withdrawal of notice of cross-appeal, or notice of grounds for affirming decision
|
PART VII – ADVISORY OPINIONS
50. |
Reference for an advisory opinion
|
51. |
Participants in a reference
|
53. |
Determining a reference
|
PART VIII – PETITION ON DECLARATION OF STATE OF EMERGENCY
55. |
Service and hearing of petition
|
PART IX – CONTEMPT OF COURT
56. |
Contempt in the face of the Court
|
57. |
Cognizance of contempt in other cases
|
PART X – FEES AND COSTS
59. |
Assessment of Fees payable
|
61. |
Costs improperly incurred
|
62. |
Reference on taxation
|
PART XI – GENERAL PROVISIONS
65. |
Effect of non-compliance with Rules
|
67. |
Revocation of L.N. 6 of 2020 and saving provision
|
SCHEDULES
SECOND SCHEDULE [r. 59] — |
FEES
|
THIRD SCHEDULE [r. 60(2)] — |
TAXATION OF COSTS
|
THE SUPREME COURT RULES, 2020
1. |
Citation
These Rules may be cited as the Supreme Court Rules, 2020.
|
2. |
Interpretation
In these Rules, unless the context otherwise requires—
"Act" means the Supreme Court Act;
"Appeal" includes an intended appeal from the Court of Appeal or any other court or tribunal exercising original jurisdiction;
"bench" means a judge or any number of judges as may be constituted by the President of the Court in connection with any proceeding;
"Court" has the meaning assigned to it under section 2 of the Act;
"duty judge" means a judge of the Court assigned to conduct preliminary procedures during their time on duty;
"electronic media" means any type of device that stores and allows distribution or use of electronic information;
"guardian in the matter" means a person appointed as such, to defend a minor, or a person with a disability, in a matter;
"interested party" means a person who has an identifiable stake or legal interest or duty in the proceedings, who may be prejudiced if not joined, but is not an original party to the proceedings;
"party" includes a petitioner, respondent, interested party or an applicant;
"Petition" has the meaning assigned to it under the Act;
"preliminary procedures" means presentation made before a single judge, a two-judge bench, or the Registrar, on a matter preparatory in nature;
"President" means the President of the Supreme Court;
"proceedings" means presentation made before the Court under Article 163(2) of the Constitution, for final determination on a matter;
"reference" means an application to the Court for an Advisory Opinion;
"Registrar" has the meaning assigned to it under section 2 of the Act; and
"Registry" has the meaning assigned to it under section 2 of the Act.
|
3. |
Scope and objectives
(1) |
These Rules apply to proceedings under the Court’s jurisdiction and includes petitions, references and applications.
|
(2) |
The overriding objective of these Rules is to ensure that the Court is accessible, fair and efficient.
|
(3) |
The Court may use appropriate technology in its proceedings and operations.
|
(4) |
The Court shall interpret and apply these Rules without undue regard to technicalities and procedure.
|
(5) |
Nothing in these Rules shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders or give directions as may be necessary for the ends of justice or to prevent abuse of the process of the Court.
|
|
PART II – ADMINISTRATION OF THE COURT
4. |
Duties of the President
(1) |
The duties of the President shall include—
(a) |
coordination of the activities of the Court;
|
(b) |
constitution of a bench to hear and determine any matter filed before the Court;
|
(c) |
determination of the sittings of the Court and the matters to be disposed of at such sittings; and
|
(d) |
determination of the period of vacation of the Court.
|
|
|
5. |
Duty Judge
The President shall appoint a duty judge who shall —
(a) |
hear and determine applications for certification of urgent matters; and
|
(b) |
any other matter as may be provided for under the Act.
|
|
6. |
Role of the Registrar
(1) |
The role of the Registrar is —
(a) |
to schedule matters filed before the Court for a scheduling conference;
|
(b) |
to decline pleadings that are not in accordance with the Constitution, the Act, these Rules, or the Court's practice directions for filings;
|
(c) |
to impose sanctions or order costs against a party who fails to comply with directions of the Court;
|
(d) |
to fix matters for hearing in consultation with the President; and
|
(e) |
to give notice of any directions in any matter approved by the Court.
|
|
(2) |
Any party aggrieved by a decision of the Registrar made under this rule may apply for a review to a single judge.
|
(3) |
A determination by the single judge on the decision of the Registrar shall be final.
|
|
7. |
Sittings of the court
(1) |
The Court shall have three sittings in a year.
|
(2) |
The sittings of the Court referred to under sub rule (1) shall be as follows—
(a) |
from the 14th January to the second Wednesday before Good Friday;
|
(b) |
from the first Wednesday after Easter Week to the 31st July; and
|
(c) |
from the 16th September to the 20th December.
|
|
|
8. |
Language of the Court
(1) |
The language of the Court is English.
|
(2) |
A party who intends to address the Court in any language other than the language of the Court shall give the Registrar a seven-day notice before the date of the hearing.
|
|
9. |
Sealing of Court documents
The Registrar shall sign and seal with the seal of the Court any summons, warrant, order, notice or other formal document issued by the Court.
|
10. |
Registry
(1) |
The Registry shall be located at Nairobi.
|
(2) |
The President may from time to time establish sub-registries of the Court.
|
(3) |
The working hours of the Registry are from 8.30 a.m. to 5.00 p.m.
|
|
11. |
Maintenance of the register
(1) |
The Registrar shall maintain a register of all documents lodged in the registry.
|
(2) |
A register shall contain particulars of documents including—
(a) |
the sequencing of the application;
|
(b) |
(in the case of an appeal), the file number of the proceedings in the lower court;
|
(c) |
the names of the parties; and
|
(d) |
the date when any action is required to be taken.
|
|
|
PART III – CASE MANAGEMENT
12. |
Filing of documents
(1) |
Pleadings and any other document filed in the Court shall be in both printed and electronic form.
|
(2) |
A party filing any document shall ensure consistency in the printed and the electronic formats.
|
(3) |
In case of any inconsistency between the hard copy and soft copy, the hard copy shall prevail.
|
(4) |
Where a document is lodged in a sub-registry, the deputy registrar receiving the same shall transmit it to the Registry.
|
|
13. |
Form of documents
(1) |
A document prepared for use in Court shall conform to practice directions issued by the President.
|
(2) |
The pages of every document in an application or appeal shall—
(a) |
be numbered consecutively; and
|
(b) |
have every tenth line of each page indicated on the margin of the right side of the sheet.
|
|
(3) |
The documents lodged to institute an appeal shall be bound in book form, in volumes secured under cover of durable paper, with proper title appearing on the cover.
|
(4) |
The Court may limit the number of pages of any set of documents to be filed.
|
(5) |
Despite this rule, the Court may, where necessary, vary the requirements relating to filing of documents.
|
|
14. |
Hours of filing documents
(1) |
Parties shall file or present documents in the registry during working hours.
|
(2) |
Despite sub-rule (1), the President may specify other times when parties may file or present documents in the registry.
|
|
15. |
Computation and extension of time
(1) |
The computation of time for any action under these Rules shall be in accordance with—
(a) |
any timeline provided for under the Constitution;
|
(b) |
section 57 of the Interpretations and General Provisions Act (Cap. 2);
|
(c) |
any directions of the Court.
|
|
(2) |
The Court may extend the time limited by these Rules or by any decision of the Court.
|
|
16. |
Service and transmission of documents
(1) |
Where a document is required to be served upon a person under these Rules, service may be effected—
(b) |
through a licensed courier service-provider approved by the Court;
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(c) |
by electronic means in accordance with the practice directions;
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(e) |
on a person entitled to appear on that person's behalf; or
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(f) |
in such other manner as the Registrar may direct.
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(2) |
The attestation of service shall be by way of an affidavit of service, which shall specify the details of the person served, and the place, date, time and mode of service.
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(3) |
Despite sub-rule (2), the Court may admit oral evidence of service.
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17. |
Further pleadings
(1) |
A party may only file further pleadings or affidavits with the leave of the Court, and with the consent of the other party.
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(2) |
An application for leave under this rule may be made orally.
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(3) |
Any pleadings, affidavits or other documents filed under this rule shall be served in accordance with these Rules.
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18. |
Representation in Court
(1) |
A party may in any proceedings—
(b) |
be represented by an advocate; or
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(c) |
with the leave of the Court, be assisted by any other person chosen by the party.
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(2) |
An association, a corporate body or group of persons may be represented in a proceeding by an advocate, a director, manager or secretary appointed in writing, in accordance with a duly-made resolution, which shall be filed in Court.
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(3) |
Where a child or a person with disability is involved, the Court may appoint a guardian in the matter, or a next friend, for the purpose of lodging an appeal or a petition, and the Court may, at any time and for sufficient reason, remove or substitute the appointed guardian or next friend.
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(4) |
A party may remove or substitute a representative at any stage of the proceedings.
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(5) |
A party seeking to remove, substitute, nominate or otherwise change a representative, shall lodge with the Registrar a notice of change, and serve the notice upon other parties to the proceedings.
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(6) |
An advocate may at any stage in the proceedings apply to the Court to cease acting for a party.
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(7) |
An advocate who applies to cease acting, shall serve the application upon the other party or parties involved.
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19. |
Participation of friends of the Court
(1) |
The Court may on its own motion, or at the request of any party, permit a person with particular expertise to appear in any matter as a friend of the Court.
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(2) |
The Court shall before admitting a person as a friend of the court, consider—
(a) |
proven expertise of the person;
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(b) |
independence and impartiality of the person; or
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(3) |
Any fees or expenses incurred by a person appointed by the Court as a friend of the court on its own motion, shall be paid out of the Judiciary Fund, in accordance with a scale determined by the President.
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(4) |
An application to be admitted as an amicus or a friend of the Court shall be done within 7 days upon filing of a response in any proceedings before the Court.
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20. |
Assignment of advocate by court
(1) |
The President may, in the interest of justice, assign an advocate to represent a party.
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(2) |
The fees and expenses of an advocate assigned, by virtue of sub-rule (1), may be paid out of the Judiciary Fund, on a scale determined by the President.
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21. |
Test case
The Court may, upon application by any party or on its own motion, where satisfied that the issues involved in any two or more proceedings are similar, order that the proceedings be—
(a) |
consolidated, on such terms as the Court may determine; or
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(b) |
determined as a test case, and there be a stay in all steps in the other matters until the test suit is determined, or shall have failed to be determined or to be a real trial of the issues.
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22. |
Scheduling conference
(1) |
A party shall, within seven days after the close of pleadings, fill in and submit to the Registrar a scheduling questionnaire set out in Form A of the First Schedule.
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(2) |
The Registrar shall, within three days of receiving the filled-in questionnaire, convene a scheduling conference to—
(a) |
ascertain the contested and the agreed issues;
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(b) |
resolve the question whether the parties can reach a settlement out of Court;
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(c) |
confirm the form of evidence to be adduced by the parties, and the number of witnesses parties will call;
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(d) |
receive proposals and give directions on the—
(i) |
proposed time-frame for oral submissions; and |
(ii) |
filing of written submissions, lists and bundles of authorities, by parties; |
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(e) |
confirm whether the parties' pleadings conform with these Rules and with the practice directions; and
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(f) |
(where the question of the jurisdiction of the Court is raised by a party), refer the matter to the President for determination.
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(3) |
The Presiding Judge shall, within seven days after the Registrar certifies that the parties have complied with the directions made at the scheduling conference, convene a pre-trial conference, to determine preliminary matters including —
(a) |
whether to allow any friend of the Court, or interested party in the proceedings; and
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(b) |
any other matter requiring determination such as may have been raised at the scheduling conference.
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23. |
List and bundle of authorities
(1) |
A party shall file and serve any list of authorities in respect of which reliance is sought before scheduling conference before the Registrar.
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(2) |
The list of authorities shall contain summarized analysis of each of the listed authorities, specifying the rule of law bearing upon the decision, its relevance, and its applicability to the matter before Court.
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(3) |
A party may file written submissions in addition to, or in place of, oral submissions.
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(4) |
A judgment and ruling of the Court shall not be annexed as part of the bundle of authorities.
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24. |
Interested parties
(1) |
A person may, within seven days of filing a response in any proceedings, apply for leave to be joined as an interested party.
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(2) |
An application under sub-rule (1) shall include—
(a) |
a description of the interested party;
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(b) |
a depiction of such prejudice as the interested party would suffer if the intervention was denied; and
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(c) |
the grounds or submissions to be advanced by the interested party, their relevance to the proceedings, and their departures from the standpoint of the parties.
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(3) |
An application under this rule shall be determined on the basis of written submissions.
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PART IV – CONDUCT OF PROCEEDINGS
25. |
Hearing in Court
(1) |
The Registrar shall, unless the Court certifies the matter as urgent, give parties to the proceedings a notice of not less than fourteen days, ahead of hearing date.
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(2) |
Proceedings maybe conducted in open court or in chambers, as the Court may direct.
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(3) |
The Registrar shall only certify for a hearing a matter that has complied with the Act and these Rules.
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(4) |
The Court may prescribe the time allowed for making oral presentations, address by the parties, their advocates or other recognized representatives.
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26. |
Admission of additional evidence
(1) |
The Court may call or admit additional evidence in any proceedings.
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(2) |
A party seeking to adduce additional evidence shall make a formal application to the Court.
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(3) |
In any appeal from a decision of the Court of Appeal, or from a court or tribunal exercising original jurisdiction, the Court may—
(a) |
call for or receive any record on any matter connected with the proceedings;
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(b) |
re-appraise evidence and draw any inferences of fact;
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(c) |
take additional evidence; or
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(d) |
direct the trial court or the Registrar to take additional evidence.
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(4) |
Where the Court takes additional evidence either orally or by affidavit, the Court may allow any witness to be cross-examined.
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(5) |
Where the Court directs the trial court to take additional evidence, the trial court shall certify such evidence to the Court, with a statement of its opinion on the credibility of any witness adducing such evidence.
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(6) |
Where evidence is taken by the Registrar, the Registrar shall give statements of opinion on the credibility of the witness.
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(7) |
A party to an appeal is entitled to be present when additional evidence is being taken.
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27. |
Withdrawal of proceedings
(1) |
A party may, with the leave of the Court, withdraw the proceedings at any time before the delivery of judgment.
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(2) |
The Court may make an order as to costs, following such withdrawal of proceedings.
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28. |
Judgment
(1) |
The Court shall deliver a ruling, judgment or advisory opinion within ninety days from the last day of hearing.
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(2) |
The Court may issue its decision, while reserving the reasons for such decision to a later date.
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(3) |
Where the Court reserves the reasons for a decision, any judge of the Court may deliver the reasons on a determined date.
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(4) |
An Advisory Opinion shall be delivered in open court, and issued in writing.
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(5) |
The Court may review any of its decisions in any circumstance which the Court considers meritorious, exceptional, and in the public interest, either on the Court’s own motion, or upon application by a party.
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(6) |
Pursuant to section 21(4) of the Act, a party may apply for formal correction of a judgment, ruling or order, through a Form B set out in the First Schedule.
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