JCE Report on Bench Marking
The Judiciary through JCE, cognizant of Kenyan’s electoral history, and ahead of the preparations of the 2017 election petitions, organized a comparative study visit to Ghana, South Africa, Mexico and India. India. The object of the visit was to learn and gain insights from the four countries and implement the...
JCE Annual Report 2017
The election cycle in Kenya is high pressure, competitive and often emotive. Up until the promulgation of the Constitution of Kenya, 2010, the electoral process was often marred with violence and allegations of impropriety on the part of various actors. The time taken for the resolution of electoral disputes was seen as a contributor to the violence, with many asserting that the creation of timely and effective processes for the resolution of electoral disputes...
JCE Strategic Plan 2016-2019
Elections are not events, they are cycles. The completion of one cycle initiates the next. Under our Constitution, each election cycle is five years and is certainly not a static period. A plethora of events takes place in every electoral cycle, within which the role of the Judiciary in both pre-election and post-election dispute resolution is crucial. As such, the Judiciary should be adequately and constantly prepared to handle any disputes that may emerge during the electoral cycle...
JWCEP Report 2012-2015.
Following the chaotic aftermath of the 2007 elections, the 2013 General Election came with a lot of trepidation. In addition, they promised to become the most complex elections in the nation’s history under a new Constitution. The Judiciary, through its Working Committee on Election Preparations, has been hard at work, laying the groundwork for the Judiciary’s role in the electoral...
EDR Publication on the 2013 Election Petitions
Electoral disputes can generate powerful emotions, leading to conflict, unethical acts and even violence. Thus, electoral dispute resolution (EDR) is a critical element in the electoral cycle that if well managed helps secure the integrity of elections and also curb electoral-related violence. This remains a particular concern in Kenya especially given the 2007/8 post-election violence. On 27 December 2007, Kenyans went to the polls for the 4th time following the re-introduction of multi-party politics. That election was closely...
Balancing the Scale of Electoral Justice.
While elections are the hallmark of every democratic society, Kenya’s history with elections has been anything but satisfactory. The use of the words “free” and “fair” have been variously contested. As opposed to being a tool for peacefully selecting the country’s leadership, it has brought another layer of disputation in Kenya. The lowest moment of these sad developments were the 2007 elections.................
JWCEP Evaluation Report
The General Election held on 4th March, 2013, was the first under the new constitutional dispensation that laid the foundation for the transformation of all aspects of the Kenyan society. The preparation and conduct of this election were informed by historical challenges that had bedevilled the country since independence and particularly the causes of the more recent 2007 .......
JWCEP Post Election Report, 2013.
Following the chaotic aftermath of the 2007 elections, the 2013 general elections came with alot of trepidation. In addition, they promised to become easily the most complex elections in the nation’s history, and that under a new constitution. The Judiciary through its Working Committee on Election Preparations has been hard at work, laying the groundwork for the Judiciary’s role in the electoral process since May 2012....
Synopsis of Select Electoral-Related Cases (2012/2013)
The Judiciary Working Committee on Election Preparation (JWCEP) has complied all the cases covering election related issues that have been adjudicated by the courts. The cases have mostly emanated from the Constitution of Kenya,2010 and the new Electoral Law.
A summary of these cases can be downloaded from the link below and the cases are all available on our website.
The Chief Justice’s Address to the Nation on the Judiciary and Election Preparations.
By a happy coincidence, today is the fifth anniversary of the signing of the National Accord and Reconciliation Agreement, which ended the crisis that followed the 2007 elections.
As we approach another election next week, it is a fitting time to review the steps the Judiciary has taken to address the severe doubts about its independence and credibility that significantly contributed to the crisis five years ago.The country deserves to know how prepared we are. And without equivocation, I can confidently proclaim that the entire Judiciary of the Republic of Kenya is ready. From the Magistracy to the High Court, the Court of Appeal and the Supreme Court let the country know that we are fully prepared and organised to deal with any number and manner of disputes that may arise from these elections in an independent, non-partisan, and efficient way.....Read More
Interim Report of the Judiciary Working Committee on Election Preparations
Since its inception, the Judiciary Working Committee on Election Preparations has been hard at work readying the Judiciary to handle the multiplicity of petitions expected from the forthcoming General Election.
The committee has held and attended several stakeholder forums on the electoral process. The committee recognizes that even though the role of the Judiciary appears to be at the tail end of the electoral process, it cannot be played effectively if activities within the entire process are not properly facilitated. The committee works with stakeholders to ensure that inconsistencies or deficiencies in electoral law are dealt with early and that all actors know precisely what laws will govern the electoral process.
The committee has joined hands with the Judiciary Training Institute as required in its terms of reference as well as other stakeholders to develop and carry out a training programme for judges, magistrates and other judicial staff across the country between September and December 2012......Read More
Remarks Made During the Swearing-In of the Members Of The Independent Electoral And Boundaries Commission (IEBC)
Almost five years ago, members of the then Electoral Commission of Kenya (ECK) stood before a Chief Justice and took an oath of office similar to the one you have just taken today. In the text and spirit of that oath, just as in this one, was a solemn commitment to duty to serve with dedication, fairness, and in a manner that is faithful to the Constitution and the law of the land.
The failure of the 2007 General Elections was a manifestation of an oath betrayed. The consequences of this betrayal were harmful to our society, politics, and economy. It was a constitutional, legal, political and managerial disaster a repeat of which you must do all within your power and ability to avoid. There is no higher crime an individual, an institution, or a group of people can commit than one that subverts the sovereign will of the people, or whether through incompetence, negligence or design make the expression of this will inarticulate....Read More
Pre-Election Dispute Management: Between Judicial and Administrative Dispute Management Mechanisms
Electoral Dispute Resolution is a critical component in the electoral cycle and the effectiveness of lack of thereof of judicial and administrative mechanisms established to adjudicate electoral disputes impacts directly upon the extent to which elections are considered free and fair. Efficient and effectual EDR mechanisms are at the core of delivery of peaceful and credible elections and must be able to effectively deal with the challenges that arise at any stage in the electoral cycle.
An election is not a single event or period (considering that by-elections regularly occur between official general election periods) but rather a continuous process spanning from the establishment of the electoral management body, to party nominations, to the campaign period, through the election date and announcement of results and the resolution of electoral disputes....Read More
CJ’S Remarks at the Unveiling of the Judiciary Working Committee on Election Preparations
With Kenyans preparing to choose close to 2,000 individuals for public office, the forthcoming election is unprecedented in both scale and complexity. Elections on our continent have often been cast as meaningless periodic rituals, or as cataclysmic events characterised by upheaval and disruption. Where a balance is struck between these two extremes, electoral events are heavily scented by corruption.
Because of the entrenched culture and practices around elections, the numerous covenants signed and ratified with regard to political rights appear to have no more value than the paper on which they are printed.
For a long time, Kenya successfully disguised its electoral weaknesses from the world, and thus appeared to do better than most of her neighbours......Read More