High Court Judge Luka Kimaru yesterday proposed radical changes in the presidential election petition rules and case management deadlines to facilitate expeditious dispute resolution.
“The Supreme Court should be provided, in advance, with the primary register of all registered voters and the results of the presidential poll immediately they are announced by the national polls agency in preparation for any challenge that should be resolved within the mandatory 14 days,” he said.
“Once a presidential election petition has been lodged, all candidates must be provided with the necessary documents to enable them decide whether to participate in the proceedings.
All preliminary issues must be determined to pave way for the substantive hearing of the petition,” said Justice Kimaru.
The Judge, who handled most of the election petitions resulting from the 2013 General Election, told the Judicial Service Commission (JSC) that majority of Kenyans were not satisfied with the Supreme Court’s decision in the petition lodged by Cord leader Raila Odinga against the election of Jubilee’s Uhuru Kenyatta.
There were valid concerns that the partial scrutiny of votes, which was ordered by the seven-member bench chaired by retired Chief Justice Willy Mutunga, was not reflected in the judgment of the court. Justice Kimaru was being interviewed for the Supreme Court judge position.
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