Four things that belong to a Judge:
To hear courteously; to answer wisely;
To Consider soberly; and to decide impartially. (Socrates 399-469 BC)
NASA Chief-Princpal has chosen to go to Supreme Court. Supreme Court has two alternatives only: re-affirm or invalidate the election of Uhuru Kenyatta. In arriving at this decision, the Supreme Court has two paths.
On one path, it can follow the footsteps of the Supreme Court under Dr. Willy Mutunga and be guided by the jurisprudence of Nigeria and Ugandan Courts, and like a witch make its decision in thPrincpal
I don’t know which self-respecting lawyer will use Nigerian and Ugandan decisions as stare decisis on Presidential Elections! The results for Presidential Elections in Uganda and Nigeria are known well in advance by the President, the Electoral Commission and the Deep State! There, Elections are a choreographed dance to launder money! Or it can take the high road, and follow the Supreme Court of United States. In the US, the Supreme Court proudly makes its decision when the sun is up! We all know the US Supreme Court during the reigns of the great Chief Justices John Marshall and Earl Warren. Under Marshall, the Court decided Marbury vs Madison that forever laid the independence and exclusive jurisdiction of the Judiciary. Under Warren, the Court decided Brown vs Board of Education that forever officially ended racial segregation.
Our Supreme Court under CJ David Maraga can choose to be night-runners and give us a decision we will never use anywhere; or stand in the public square when the sun is up and give us a decision that binds our Nation-States of Kenya forever. Lightning doesn’t strike twice the same spot. ~By Lawyer Donald Kipkorir
RULES AND PROCEDURE OF FILING OF THE PRESIDENTIAL PETITION
FILING OF THE PETITION:
Article 140 (1) of the Constitution stipulates that all petitioners who intend to file petitions challenging the presidential elections have seven days from the date of declaration of the results by the commission within which to file such petitions.
SERVICE OF THE PETITION:
The Rules provides for two modes of service. Under Rule 10 (1) the petitioner is required within two days of filing of the petition, to serve the same upon the respondent directly or by advertisement in a newspaper with national circulation. Rule 10 (2) further requires the petitioner to electronically serve the respondent within six hours of filing of the petition.
RESPONSE TO PETITION:
Similarly, Rule 11 gives the petitioner who wishes to oppose the petition four days within which to respond to the petition.
CLOSE OF PLEADINGS AND INTERLOCUTORY APPLICATIONS:
The pleadings shall close upon filing of a response or notice of intention not to oppose. Interlocutory applications shall be made one day after the close of proceedings and shall be determined before the hearing commences.
Rule 15 provides for the pre-trial conference. This shall be done on the eighth day after the filing of the petition.
HEARING OF THE PETITION:
Immediately after the pre-trial conference the court shall commence the hearing of the petition under Rule 18 of the Presidential Election Petition Rules.
By the fourteenth day the court will be expected to deliver its verdict. In this regard, the court may give its decision and reserve the reasons for the decision to a later date. This has been provided for under Rule 23 of the Presidential Election Petition Rules.