Kenya: Bomas Dialogue Backs Extension of Presidential Petition Timelines to 21 Days

26 November 2023

Nairobi — The National Dialogue Committee (NADCO) has endorsed the extension of presidential election petition timelines within which the Supreme Court considers and rules on contested outcomes from 14 to 21 days.

Article 140 (2) of the Constitution provides determination of a presidential election petition withing fourteen days after its filing.

Debate on the timelines has featured in past presidential election petitions with a section of judges calling for a review.

Former Chief Justice David Maraga once proposed twenty-eight days to give the Supreme Court adequate time on such matters.

"If you calculate the time form filing of the petition and for serving and conference, you will find that the Supreme Court has only five days to hear and write its judgement," he said at a colloquium in 2020.

In its report released on Saturday night, NADCO which was constituted in August following clashes between opposition supporters and the police also agreed on the expansion of a Selection Panel tasked to recruit new members of the Independent Electoral and Boundaries Commission (IEBC) from 7 to 9 members.

The report was signed by signed by NADCO co-chairs Kalonzo Musyoka (Azimio Coalition) and Kimani Ichung'wah (Kenya Kwanza Coalition).

"NADCO has recommended the establishment of an expanded selection panel from the current 7-member to 9-member selection panel," the duo said in a joint report.

The committee further proposed legal reforms barring the implementation of any laws passed with less than eighteen months to the General Election, recommending that such changes should take effect in the subsequent election cycle.

Election audit

Both parties agreed on the evaluation of the 2022 General Election, a key demand by Azimo but did not give details on the structure of the proposed audit.

The Azimio Coalition has repeatedly demanded a forensic audit of the 2022 presidential election terming President William Ruto's win as "fraudulent".

Azimio has claimed the evaluation and forensic audit will enable Kenyans to learn the "truth" about the election, saying it should be made available to the public.

The report, to be handed over to Ruto and his archival Raila Odinga, was released amid reports of a stalemate over key demands by Azimio but both Kalonzo and Ichung'wah said the team overcame partisan interest in generating its report.

"Throughout this process, concessions were made, entrenched positions were relinquished, but unwavering dedication to the welfare of our beloved nation prevailed," the two said in a joint statement.

"We have placed Kenya above personal ambitions, recognizing that our people's unity and our nation's prosperity are paramount."

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