A PRACTITIONER’S GUIDE TO INCREASING WOMEN’S ACCESS TO ELECTORAL JUSTICE While the judiciary and PPDT allowed for online filing, the IEBC did not provide opportunities to file online for candidate nomination-related disputes, party nomination disputes, or code of conduct violations during the 2022 elections. The IEBC designed an online platform as part of its electronic case management system (CMS) prior to the elections but did not have sufficient time and funds to operationalize it for use during the elections. Interviewees raised the disparity in resources as a reason why women do not seek electoral justice. Some noted that women are more likely to lack the funds to retain legal representation and to pay filing fees for court cases. And, while political parties may provide attorneys to candidates to pursue electoral justice, women candidates were seen to receive less support from their parties, particularly in the case of intraparty disputes. Further, a number of interviewees noted that women candidates were often less aware of the process they needed to follow in filing court cases and, importantly, preserving and capturing evidence contemporaneous to a particular incident – another area where political party support was seen to be more available to men. Interviewees observed that training is needed for women politicians and candidates – as well as the police investigating these cases – to know how to preserve the chain of evidence so that, if there is an incident, these women know how to make their case and can be prepared to win. Women are less willing to bring cases related to electoral violence. Interviewees, particularly those who have worked on gender-based violence cases, also noted that women who are survivors of electoral violence (especially sexual violence) are reluctant to bring cases even when they have legal and financial support. In some cases, interviewees attributed this to a lack of faith in receiving justice or being taken seriously by the police, which is consistent with reporting by Human Rights Watch and other international organizations with respect to incidents of electoral violence against women. Cases of sexual violence are particularly difficult for women candidates to bring when the perpetrator is a member of their own political party. Women’s rights representatives commented that in some cases of political violence women candidates don’t expect to receive justice from the criminal justice system or by revisiting the results of the election, but they do want some acknowledgment of what happened to them. Therefore, in lieu of filing formal court cases, they were willing to have their cases resolved through the ADR process so they could at least receive an apology from the perpetrator. During the 2022 pre-election period, the IEBC established peace committees at each constituency, chaired by returning officers appointed by the chair of the IEBC.148 Peace committees are responsible for mediating disputes related to the code of conduct and can issue warnings or liaise with other agencies, such as the prosecutor’s office or security agencies, when relevant. In 2022, the IEBC published guidelines and a brochure for the committees, but these were completed only a few weeks before Election Day, limiting their impact. If implemented properly at the local level, peace committees have the potential to increase access to dispute resolution at the local level, which can enhance access to justice. Additional resources are available to women seeking electoral justice. Interviewees differed on how much the availability of legal representation impacted the rates of women seeking electoral justice. While several noted that women are less likely to have or to be able to afford legal representation, conversations with women’s rights activists indicated that lack of awareness of pro bono legal resources may have S. 17, Elections Act, Schedule II, Code of Conduct: “(1) The Commission may establish peace committees in every constituency during an election and referendum period. (2) Every political party, referendum committee, candidate, official and agent shall- (a) acknowledge the activity of peace committee established at the constituency level by the Commission (…)” 148 52