A PRACTITIONER’S GUIDE TO INCREASING WOMEN’S ACCESS TO ELECTORAL JUSTICE also been an issue. In fact, women’s rights activists noted that they had identified a cohort of lawyers ready and willing to provide pro bono legal assistance to women pursuing electoral justice cases, but that a number of women candidates have not been willing or interested in bringing cases. This indicates that there are at least some untapped legal resources available but that other barriers keep these women from filing. Finally, the electoral justice system has taken steps to reduce barriers to women accessing electoral justice. Court case filing fees have been reduced for women candidates, and, in the wake of COVID-19, more people have access to virtual proceedings, which should reduce the time and expense associated with traveling to litigate cases. However, because women are less likely to have access to the requisite technology, particularly in rural areas and villages where they are also more likely to be candidates, virtual proceedings may still place them at a disadvantage when seeking electoral justice. Additional findings An underlying theme of the interviews related to electoral justice was the overall underrepresentation of women in positions of power in the Kenyan government and Kenyan institutions. With the exception of the judiciary – where three of seven justices of the high court are women, and women have achieved near-parity as judges and magistrates – women are underrepresented within political party leadership, as candidates, and in elected positions. Interviewees noted that political parties play important roles as gatekeepers in choosing to field women candidates in party strongholds (where people are more likely to elect a party’s representatives regardless of gender) or prioritizing men candidates in those races. One interviewee noted, “the primary process is the often the hardest part; 60 percent of women lose at the primary level – it’s a negotiated democracy.” Therefore, while women might make up the requisite one-third of candidates on a party slate, they are more likely to be nominated in districts where they have fewer chances of winning. In addition, intraparty dispute resolution mechanisms, which are often the first stop for many candidates attempting to resolve disputes at the primary stage, are not always seen as safe or effective spaces for women candidates to seek redress, given that parties themselves can feel like an “old boys’ club.” Finally, insufficient data – in particular, gender-disaggregated data, are collected and available on the election complaints filed with the IEBC or the courts. The new e-CMS at the courts should help address this issue provided it is resourced and instituted in advance of the next election, but a similar system should also be established at the IEBC. With a coordinated EDR filing system, the electoral institutions, candidates, political parties, and civil society will be able to better understand the nature of the electoral justice claims filed, including information on who files complaints, who the respondents are, whether either or both parties are represented by a lawyer, in what stage of the process complaints are filed, and the nature of the complaint. Recommendations Political parties should provide women candidates with the training and support needed not only to successfully contest for office, but also to understand their rights and responsibilities as candidates. This includes training and information on processes and procedures regarding evidence collection and timelines in the event that they believe their electoral rights have been violated. In addition, political parties should provide women candidates with legal counsel at least consistent with the support provided to men candidates, to support their electoral justice cases. 53