5 RESOLUTION OF PRE-ELECTION DISPUTES IN KENYA: A REVIEW OF EMERGING JURISPRUDENCE 63 INTRODUCTION 64 LEGAL AND INSTITUTIONAL FRAMEWORK FOR RESOLUTION OF PRE-ELECTION DISPUTES 66 EMERGING JURISPRUDENCE ON PRE-ELECTION DISPUTES 73 CONCLUSION 80 6 NULLIFICATION OF ELECTION RESULTS AND THE STANDARD OF PROOF: EMERGING JURISPRUDENCE IN SELECTED SUB-SAHARAN AFRICA COUNTRIES 83 INTRODUCTION 84 THE NATURE OF ELECTORAL PETITION PROCEEDINGS 87 BURDEN OF PROOF IN ELECTION PETITIONS 90 STANDARD OF PROOF IN ELECTION PETITION PROCEEDINGS 93 CONCLUSION 7 AN ANALYSIS OF THE JUDICIAL APPROACH TO THE STANDARD OF PROOF IN ELECTION PETITIONS IN ZIMBABWE AND A SUGGESTION FOR REFORM INTRODUCTION 103 105 106 STANDARD OF PROOF: ON A BALANCE OF PROBABILITIES AND BEYOND REASONABLE DOUBT 114 THE “PROOF TO THE SATISFACTION OF THE COURT” DILEMMA 121 THE STANDARD IN ELECTION PETITIONS AND THE WAY FORWARD 123 CONCLUSION 126 8 KENYAN SUPREME COURT APPROACH TO HANDLING ELECTION RELATED DIGITAL THREATS: LESSONS FROM THE 2013 AND 2017 KENYAN ELECTIONS 129 INTRODUCTION 130 DIGITAL TECHNOLOGY AND ELECTIONS 132 BACKDROP OF THE INTEGRATION OF TECHNOLOGY IN KENYA 137 ELECTION TECHNOLOGY AND THE JUDICIARY 141 CONCLUSION AND RECOMMENDATIONS 149 v