How Much It Costs To File Presidential Petition At Supreme Court

Filing a presidential election petition at the apex court does not come cheap.

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Aug 20, 2022 - 06:55
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How Much It Costs To File Presidential Petition At Supreme Court
The Supreme Court of Kenya. /FILE

A Kenyan voter, Alfred Juma Ayora, became the first petitioner to challenge the election of William Ruto as president at the Supreme Court of Kenya.

However, his bid was thrown away on Friday, August 19 as the court indicated that he did not comply with the Supreme Court (Presidential Election Petition) Rules, 2017. Ayora had filed his petition in form of a letter instead of a formal petition to the court, led by Chief Justice Martha Koome, according to the law.

He only presented a two-paragraph letter seeking orders to invalidate Ruto's election and his dissatisfaction with how the Independent Electoral and Boundaries Commission (IEBC) conducted the August 9, 2022, general elections. However, many Kenyans must be wondering how much he paid to file what the court viewed as a flimsy petition.

Chief Justice Martha Koome. /STANDARD DIGITAL

Filing a presidential election petition at the apex court does not come cheap. Petitioners are guaranteed access to justice as a legal right stipulated in the Constitution, but it comes with its financial and logistical burdens.

Poll losers and aggrieved Kenyans or civil entities could be licking their lips in challenging the presidential election at the court, but lawyers and the Judiciary are looking to make money.

According to the 2017 rules, filing a presidential election petition requires the petitioner to have a minimum of Ksh1.5 million. A petition can only be considered filed upon payment of the sum and stamping by the Registrar.

This cost is broken down to Ksh1 million for the security of the costs to be incurred during litigation and Ksh500,000 for filing. Ksh20,000 is also charged to the respondent upon filing a response to a petition.

Lodging a notice of motion costs Ksh1,500 and a notice of motion under certificate of urgency is Ksh2,750.

Filing a notice of intention not to oppose a petition is Ksh4,000 while filing annexes is Ksh50 per folio. Filing written submissions is also Ksh50 per folio.

In law, a folio is a unit of measurement for the length of documents. It refers to a length of about 100 words (US) or 72-90 words (UK) in a legal document. 

Ayora believed that the results of the presidential election are not credible after the four IEBC commissioners disowned them. His petition had called for the postponement of the swearing-in of the president-elect, though he was advised to file a formal petition under an attorney's advice and guidance before the timeline expires on Monday, August 22.

After being served, the winner will have four days to file a response to the petition and the loser will be given 24 hours to file a rejoinder. A rejoinder may include a response to the new facts raised by the winner in their submissions.

Both parties will be given two days to ask the judges to make specific orders to help their cases, by commanding something to be done or prohibiting it. This will be followed by applications by third parties to be enjoined as friends of the court (amicus curiae), which is expected to take one day.

The Supreme Court will then be required to convene a pre-trial conference within eight days from the filing of the petition. A pre-trial conference provides an informal setting for all parties and the Judge to: identify the facts that are agreed upon or are in dispute; clarify the issues between the parties; and. attempt to reach a resolution by way of a voluntary agreement.

The judges will then be required to hear the election dispute petition immediately after the pre-trial conference and proceed to deliver a judgement within 14 days of the filing of the petition.

Azimio La Umoja presidential candidate, Raila Odinga, is expected to file his petition seeking to invalidate the presidential results, on the last day. Any party also seeking to challenge the presidential outcome should submit their petition 14 hours before the deadline, Monday midnight, August 22.

Raila Odinga speaking at the Azimio media centre on August 16, 2022. /RAILA ODINGA

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