7 Days to File Presidential Election Petition After Declaration of Results (Article 140)
A petition challenging the election of the President-elect must be filed in the Supreme Court within 7 days after the date of declaration of the results of the presidential election.
7 Days
Governed by Article 140(1) Constitution of Kenya, 2010 and Section 57(a) of Cap 2 (trigger date excluded).
Calendar Days Counted
Periods under 6 days exclude Sundays and gazetted Kenyan public holidays.
Runs Through Recess
Appellate & statutory limitation periods continue unless certified.
Statutory Computation Rule (7 Days)
A petition challenging the election of the President-elect must be filed in the Supreme Court within 7 days after the date of declaration of the results of the presidential election.
Key Practice Questions
Under Order 50 Rule 3 of the Civil Procedure Rules and Section 57(b) of the Interpretation and General Provisions Act (Cap 2), if the last day falls on a Sunday or gazetted public holiday when court registries are closed, the filing is duly done on the next working day.
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