Why Raila Filed Presidential Petition Online First At Supreme Court

Azimio la Umoja presidential candidate, Raila Odinga, has formally filed a petition challenging the declaration of William Ruto as the president-elect at the Supreme Court of Kenya.

Raila’s legal team led by Senior Counsel James Orengo, filed the petition at the Supreme Court sub-registry at the Milimani Law Courts on Monday, August 22, in line with the apex court regulations.

However, Azimio lawyer Daniel Maanzo disclosed that the coalition had filed their petition online first, with the physical documents to follow before the deadline.

The Supreme Court (Presidential Election Petition) Rules 2017 indicate that if a petition is submitted on the last day of filing, then it should be done before 2 pm on the said day.

Makueni Senator-elect Dan Maanzo. /FILE

"The presidential petition is ready. The online version is ready and has been successfully filed and is already within the court precincts.

"Now we are going to file a physical one. We are aware of the legal timelines of 2 pm and we are therefore going to do so by that time as required by the law," he told the media.

Maanzo further noted that they will file the physical copy for stamping and that the payment for the petition was already made online. 

According to him, filing the online copy first was necessary given that it was the most important.

"We are going to present the physical copy so that is filed and stamped. The payment which is online and the online copy, which is the most important, is already with the court," he added.

Maanzo exuded confidence that with a water-tight case, their petition would seek to nullify the declaration of Ruto as president-elect by the Independent Electoral and Boundaries Commission (IEBC) in favour of Raila.

Lawyer James Orengo had arrived at the Nairobi club to join team Azimio as they prepare to leave for the Supreme Court to file the physical copy. Azimio supporters meanwhile had gathered at the Supreme Court dancing outside the court as they wait for the physical filing of the presidential election petition. 

After they file their petition, Azimio will have until Tuesday, August 23 to serve the respondents - the president-elect and the IEBC. The commission will then have four days to file its response to the apex court.

The hearing of the petition by the Supreme Court bench will then begin seven days after it is filed - Monday, August 29.

The seven-judge bench led by president and Chief Justice Martha Koome will have until Sunday, September 4, to deliver its ruling on the presidential petition.

According to Article 140 of the Constitution of Kenya (2010), the court, through a majority vote, may uphold or annul the presidential election. If Ruto’s win is validated, he will be sworn in seven days after the ruling is issued.

“If the Supreme Court determines the election of the President-elect to be invalid, a fresh election shall be held within 60 days after the determination," reads Article 140 (c).

List of Supreme Court judges to feature in the presidential election petition. /VIRALTEAKE

The petition will feature a number of top legal minds from Raila's side, the IEBC and Ruto's side.

On Raila’s side are Senior Counsels Otiende Amollo and Philip Murgor, Prof Tom Ojienda, Pheroze Norwojee, Mutula Kilonzo and  Dan Maanzo. IEBC Lawyers include former Attorney-General Githu Muigai, Senior Counsel Abdikadir Mohamed, Kamau Karori, Eric Gumbo, Peter Wanyama, and Edwin Mukele

Ruto will seek to defend his win through counsels Fred Ngatia, Adrian Kamotho, Kithure Kindiki, Nelson Havi and Collins Kiprono.