The Petitioners praying to the Court to exercise powers as
provided under rules 24(1), 25 (1) and (2) of the National Elections (Elections
Petitions) Rules, 2010, GN. No. 447 of 2010, to postpone the commencement of
the trial of the petition instead of waiting for the minister to exercise his
powers under section 115(5), of The National Elections Act, Cap 343. The
Respondents objected the prayer by the Petitioners contending that the powers to
extend the time of trial under section 115(5) are vested only in the Minister
after consultation with the Chief Justice. The Respondents further submitted
that the court does not have any power to extend such time and that it can only
postpone or adjourn the trial when the time of 12 months has not expired,
otherwise the proceedings will be rendered null.