A PRACTITIONER’S GUIDE TO INCREASING WOMEN’S ACCESS TO ELECTORAL JUSTICE In practice there is an even greater number of structures for resolving electoral disputes, depending on the nature (administrative, civil, or criminal) and timing of the dispute. These institutions include Kenya’s election management body – the IEBC and related committees,133 the Political Parties Disputes Tribunal (PPDT), the ODPP, and the judiciary. Each type of dispute has its own filing rules, deadlines, and procedures. This is complicated for both voters and potential disputants to manage and “may lead to overlapping jurisdiction for the resolution of various disputes.”134 For example, during the pre-election period, registered voters and candidates can file disputes related to candidate nomination with the IEBC Dispute Resolution Committee. Parties, candidates, and individuals can file complaints to the PPDT related to inter- and intra-party disputes, coalition disputes, or appeals of decisions of the Office of the Registrar of Political Parties. Registered voters, political parties, candidates or their authorized representatives, and any persons aggrieved by an electoral activity also have the right to file complaints about violations of the Electoral Code of Conduct and other electoral violations directly with the IEBC; they may also file constitutional writ petitions to the High Court. Enhanced dialogue between EDR bodies in preparation for the 2022 elections attempted to clarify some jurisdiction-related issues and strengthen cooperation. However, remaining loopholes in the legal framework can only be addressed by legislative amendments. The IEBC was established and is governed by the 2010 Constitution. Pre-election disputes can be resolved by the PPDT, the IEBC, or the court. Post-election disputes can only be resolved by courts. Magistrates have jurisdiction over cases related to county assembly results, and the High Court resolves post-election disputes related to governors and members of Parliament. The Supreme Court has original and exclusive jurisdiction over issues related to the presidential election and has 14 days to adjudicate those disputes. All other courts have six months to adjudicate election-related disputes. The judiciary appoints election court officers (judges and court officials) to hear election petitions related to election results for county and parliamentary elections. For adjudication of election offenses such as election offenses, intimidation, and vote buying, the chief justice appointed 119 special magistrates for the 2022 election. The ODPP announced the appointment of 200 special prosecutors in 47 counties and 129 court stations and the establishment of a special unit on election justice, which includes hate speech and election offenses. The law requires the prosecution of election offenses to take place within 12 months of the date of the election. The ODPP also established a special unit to address election offences, including hate speech. History of Electoral Violence and Disputes Elections in Kenya have taken place since the country became independent in 1963, and the 2022 elections were the sixth general elections since the end of the one-party state in 1991. There has been a history of violence in the context of many of those elections. Perhaps most significant was widespread violence that followed the announcement of the results of the December 27, 2007, presidential elections, in which more than 1,100 people were killed and hundreds of women and girls sought treatment for sexual assault and rape. 135 The Office of the United 133 During the election period, the IEBC set up Code of Conduct Enforcement committees, an EDR committee for candidate nomination– related disputes, and peace committees at the constituency level. 134 Election FAQs: Kenya 2022 General Elections. (2022). IFES – The International Foundation for Electoral Systems. 135 United Nations Human Rights Office of the High Commissioner. (n.d.). Report from OHCHR Fact-finding Mission to Kenya, 6-28 February 2008. As noted, these numbers are drawn from the reports at only one hospital. The actual figure is likely significantly higher given general reluctance to report these types of crimes and the displacement that many Kenyans experienced as a result of the violence. 48