Election petitions
Election petitions were instituted in the 1992 and 1997 elections. In 1992, Kenneth Matiba who had run as the FORD Asili presidential candidate, petitioned Moi’s election, but the case was struck down because he had not personally signed the petition; his advocate had signed it for him.
In 1997, Kibaki’s petition against Moi was also dismissed on the grounds that Moi was not personally served with the petition.
In 2002, there was no petition at the presidential election as the loser conceded defeat.
After the 2007 elections, 38 petitions were filed against members of the tenth parliament disputing parliamentary elections. Four petitions were dismissed.
In 2013, 188 petitions were filed challenging the results or the process of the election, with 24 challenging the election of County Governors; 13 against Senators, 70 against Members of the National Assembly; 9 against County Women Representatives; 67 against County Assembly Representatives and 5 against County Assembly Speakers.
Unlike in 2007, the 2013 general elections were the first under the new constitution’s dispensation, a fact that had a significant effect on the manner through which elections were to be conducted and how disputes arising therein were to be mitigated.
Among the 2013 petitions, 3 challenged the results of the Presidential Elections were filed at the Supreme Court.