Ace litigator has precedents for ELECTION PETITIONS for positions of Governor, Member of National Assembly and Member of County Assembly. These are hypothetical and can always be amended to fit the Client’s claim. They are accompanied by supporting Affidavits pursuant to Rule 8 of the REVISED ELECTIONS (PARLIAMENTARY AND COUNTY ELECTIONS) PETITION RULES, 2017
The above revised Rules provide for forms and contents of an Election Petition among other forms at the back of the Rules. All that is required of a party is to insert the grounds in support of the prayers sought and Tailor the precedents to suit the Client’s claim.
Article 81 (e) of the Constitution of Kenya, 2010 lays down the principles which the electoral systems should comply with for the elections to be free and fair.
The said principles are: elections which are free from violence, intimidation, improper influence or corruption, transparent, and administered in an impartial, neutral, efficient, accurate and accountable manner.
These are the principles which the Election Court must examine and test against the facts placed before it when determining the question of validity of an election.
Rule 7(4) of the REVISED ELECTIONS (PARLIAMENTARY AND COUNTY ELECTIONS) PETITION RULES, 2017 provides that, the petition shall conclude with a prayer, requesting the court to make the appropriate relief which may include—
a) a declaration on whether or not the candidate whose election is questioned was validly elected;
b) a declaration of which candidate was validly elected;
c) an order as to whether a fresh election should be held;
d) scrutiny and recount;
e) payment of costs; or
f) determination as to whether an electoral malpractice of a criminal nature may have occurred.
Points of caution for drafters:
a) Err on the side of caution-join all interest parties-including RO and Deputy governor. Rules now require it.
b) Use templates in the Rules and do not copy and paste from other petitions.
c) Make a comprehensive petition covering all the grounds you wish to raise and the evidence you intend to adduce. It is critical for parties to gather all evidence during this period.
d) When seeking a prayer for scrutiny, specify the polling stations that were problematic.