Kenya's next general election is set for the second Tuesday of August 2027. For many aspirants, the campaign is already under way. But the candidates best prepared for a close contest are those who also understand what happens if the result has to be challenged — because election petitions are governed by some of the strictest rules in Kenyan law.
1. The 28-day deadline cannot be extended
Under Article 87(2) of the Constitution, a petition challenging the election of an MCA, Member of Parliament, Senator, Woman Representative or Governor must be filed within 28 days after the IEBC declares the results. Courts have consistently held that this deadline is fixed by the Constitution and cannot be extended, even for good reason. Presidential petitions follow a different, even shorter timeline: they go to the Supreme Court within seven days of the declaration.
2. Security for costs must be paid within 10 days
Section 78 of the Elections Act requires a petitioner to deposit security for costs within ten days of filing: KSh 100,000 for an MCA seat and KSh 500,000 for a parliamentary or governor seat. Courts dismiss petitions where the deposit is not paid in time, so the money needs to be ready before filing.
3. Know which court will hear your case
- MCA petitions are heard by Magistrates' Courts designated by the Chief Justice.
- Parliamentary and governor petitions are heard by the High Court.
- Appeals from parliamentary and county petitions go to the Court of Appeal on points of law only.
Election courts must decide petitions within six months of filing, so hearings move fast and there is little room to fix mistakes along the way.
4. Irregularities alone are not enough
An election will not be overturned simply because mistakes happened. Under section 83 of the Elections Act, the court asks whether the election was conducted substantially in line with the Constitution and the law, and whether any irregularities affected the result. That makes evidence decisive: statutory forms, agents' records, and credible witnesses who saw what happened at specific polling stations.
5. Prepare now, not after the results
The best petitions are built before polling day. Candidates should:
- Recruit, train and properly appoint agents for every polling station.
- Make sure agents sign and keep copies of the results forms.
- Keep a simple incident log with times, places and witnesses.
- Agree in advance with an advocate on how a dispute will be handled and funded.
Disputes before the election
Not every electoral dispute happens after the vote. Party primary and nomination disputes are handled first through internal party mechanisms and then by the Political Parties Disputes Tribunal, while certain nomination disputes go to the IEBC. These forums also move quickly, and acting early is often the difference between being on the ballot or not.
In election law, timing is everything. A strong case filed one day late is a lost case.
Bonuke & Co. Advocates advises aspirants, elected leaders and parties on electoral disputes from nominations to appeals. Talk to us early.
