Supreme Court strikes out petition seeking determination of general election date

The Supreme Court building. (Photo: Handout)

By Carolyne Kubwa
Friday, August 15, 2025

The petition, filed by lawyer Dr Owiso Owiso, human rights activist Khelef Khalifa, and Ashioya Biko, sought leave to have the court hear the matter, which the judges found to be unprocedural and premature.

The Supreme Court has struck out a petition seeking an interpretation of the date for the next general election, citing a lack of jurisdiction and procedural irregularities.

In its ruling, the court, led by Chief Justice Martha Koome, said the petition was filed improperly and emphasised that its jurisdiction cannot be invoked to address pre-election disputes such as determining the date of the next presidential election.

More To Read

The petitioners, led by lawyers Dr Owiso Owiso, Ashioya Biko and human rights activist Khelef Khalifa, had sought leave to admit the petition for hearing, arguing it raised a dispute related to the presidential election.

However, the judges noted that the petition had already been filed and that the request for leave was therefore unnecessary and unprocedural.

The court ruled that it could not consider the merits of the application in the absence of jurisdiction and struck out the petition.

"In the absence of jurisdiction, we cannot delve into the merits of the application for grant of leave to admit a petition as sought by the applicants in their Notice of Motion dated April 23, 2025 and filed on April 24, 2025", the ruling read in part.

The Attorney General Dorcas Oduor had opposed the petition, arguing it sought declaratory orders that usurped the mandate of the Independent Electoral and Boundaries Commission (IEBC) and amounted to an abuse of court process.

According to AG Oduor, the petitioners lacked locus standi - the legal ability to sue.

The IEBC also sought the petition’s dismissal, citing the court’s exclusive jurisdiction to determine disputes relating to presidential elections after a president-elect has been declared.

Former Prime Minister and ODM leader Raila Odinga, an interested party in the case, described the petition as an abuse of court process, saying the applicants had not demonstrated exceptional circumstances to warrant the court’s jurisdiction at this stage.

Odinga added that the question of the election date affects all elective posts and had already been decided by various courts in the past.

"The issues raised by the applicants are res judicata as the question of the date of the general election and the computation thereof has already been heard and determined on merits by various courts in the past", court documents read.

However, businessman and politician Jimi Wanjigi supported the petition, saying the uncertainty surrounding the election date undermines public confidence in the electoral process and threatens national cohesion and economic stability.

Wanjigi urged the Court to resolve the issue to strengthen Kenya’s democratic institutions and processes.