A PRACTITIONER’S GUIDE TO INCREASING WOMEN’S ACCESS TO ELECTORAL JUSTICE
Political parties should also realize their responsibilities under the Political Parties Act to set up internal dispute
resolution mechanisms to address disputes from party members or supporters. This is particularly important during
the party nomination process, when women often encounter the most resistance but hesitate to bring challenges.
These mechanisms should be decentralized and localized so women have easier access to the process and will be
less hesitant to bring cases. Finally, political parties should also make significant efforts – through sensitization and
allies training for men candidates, staff, and leadership – to improve the environment for women candidates so women
are not confronted with discrimination and violence within their own parties.
Electoral institutions, including the PPDT and IEBC, should aim for gender parity at all levels of staff and should
provide gender-sensitive civic, voter, and candidate education that is designed to reach voters and candidates of all
genders. With this outreach, the electoral justice system can make women candidates aware of the processes and
mechanisms available to them in the event they would like to pursue an electoral dispute. This type of candidate
education could include:
What to do when, how, and how much it will cost: Time limits and processes for filing electoral disputes, including
filing fees, deadlines, and locations to file cases around the country.
What to expect: Types of remedies available at each stage of the electoral process (e.g., warning, administrative fine,
rejection of candidate application or party list, etc.).
What to collect: Evidence preservation – what can and should be collected and preserved in case of a suspected
violation (e.g., witness statements, hate speech social media posts, photos of campaign materials defaced, etc.).
The IEBC should propose an amendment to the Elections Act in Parliament and adapt its own regulations and
processes accordingly to ensure that its efforts to implement the two-thirds gender rule are not quashed in the future.
Prior to the 2027 elections, it is crucial to ensure that no remaining political loopholes make it possible to skirt the
two-thirds gender rule and that judges are sensitized to the constitutional norms and operational implications of the
rule on party lists.
PPDT personnel should be trained on what information they can provide to those seeking to file disputes through the
electoral justice system so they can provide all necessary assistance without opening themselves to accusations of
interfering with the EDR process. The PPDT should take all possible measures to simplify registration and case filing
processes and collect and provide resources upon request that are related to interpretation and pro bono or lower
cost legal services.
The IEBC should continue its decentralization efforts to ensure that EDR committees can receive complaints on
candidate nomination and party disputes at the constituency level, through the returning officer. This amendment
would allow for filing at the local level rather than requiring voters and candidates to file in Nairobi only. To be effective
and fair, and avoid replicating the dynamics within political parties and EDR mechanisms that disadvantage women,
the IEBC should provide gender-sensitive mediation training to those returning officers.
The officer of the Registrar of Political Parties should convene a gender-balanced Political Party Leadership
Committee, ideally with the participation of the IEBC, to collaborate to standardize and enforce a gender-sensitive
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