How to challenge an election result (election petition)
Constitution of Kenya; Elections Act 2011 · sources read 5 Oct 2026
To challenge a presidential result, file a petition in the Supreme Court within 7 days of the declaration. For any other election, file within 28 days of the IEBC declaring the results: the High Court for MPs and governors, and a designated magistrate's court for MCAs.
- How long
- MP petitions: decided within 6 months of filing (presidential petitions: 14 days)
- Deadline
- Presidential petition: within 7 days of the declaration of results.
- Deadline
- The Supreme Court decides a presidential petition within 14 days of filing.
- Deadline
- Any other election: within 28 days of the IEBC declaring the results.
- Deadline
- Serve the petition within 15 days of filing it.
- Deadline
- Deposit security for costs within 10 days of filing.
- Deadline
- Governor petitions are decided within 6 months of filing.
- Deadline
- Appeal from the High Court to the Court of Appeal (MP, Senator, governor): within 30 days, on points of law only.
- Deadline
- Appeal from the magistrate's court to the High Court (MCA): within 30 days, on points of law only.
- Where
- The Supreme Court (presidential), the High Court (MPs, Senators, Woman Reps and governors) or the magistrate's court designated by the Chief Justice (MCAs)
Steps
- Presidential election: file your petition in the Supreme Court within 7 days of the declaration of results.
- Member of Parliament (MP, Senator, Woman Rep): file in the High Court within 28 days of the IEBC declaring the results.
- Governor: file in the High Court in the county, or the one nearest to it, within 28 days.
- Member of County Assembly (MCA): file in the magistrate's court designated by the Chief Justice, within 28 days.
- Serve the petition on the people you are challenging within 15 days of filing it.
Watch out
- You must deposit security for costs: KSh 1 million against a presidential candidate, KSh 500,000 against an MP or governor, and KSh 100,000 against an MCA.
- The Supreme Court's decision on a presidential petition is final. If it finds the election invalid, a fresh election is held within 60 days.
- Costs follow the result: the side that loses is normally ordered to pay the other side's costs.
Who this covers
- Any person can file a petition to challenge the election of the President-elect.
- Petitions can question an election result, or ask the court to declare whether a seat in Parliament or a county assembly has become vacant.
Official sources (2)
- Constitution of Kenya, 2010 new.kenyalaw.org · read 3 Oct 2026
- Elections Act, No. 24 of 2011 new.kenyalaw.org · read 5 Oct 2026