instance, Justice Daniel Isokolo Musinga, President of the Court of Appeal in Kenya, mentioned disinformation
as the main issue in the 2022 elections. Justice Musinga noted that judges experienced strong political pressure,
fake allegations of bribery on social media, and the creation of fake accounts on X (formerly known as Twitter).
The Kenyan case discussed below is a significant example of how courts dealt rapidly with a campaign on
information integrity that made its way into the courtroom to underpin wider societal trust in the election results
and likely help avert wider conflict.
Willam Ruto was declared the winner of Kenya’s presidential election by a margin of less than 2 percent of the
vote. Shortly before the Chairperson of the Independent Electoral and Boundaries Commission (IEBC) officially
announced the result, four IEBC commissioners held a press conference and called into question the credibility
of the entire election. Based on the press conference, the losing candidates and other petitioners then filed
numerous lawsuits challenging the results. The cases claimed that “irregularities” and “interference,” including
technology failures and “opaque” verification processes, caused an inaccurate vote count, and called for
cancellation of the election. 47 The Supreme Court joined these petitions into a single case, Presidential Election
Petition E005, E001, E002, E003, E004, E007 & E008 of 2022 (Consolidated).
In its judgment, the Court systematically dismissed the
petitions, citing lack of evidence for the various claims and
noting in particular that illegalities and irregularities in the vote
count must be of such magnitude as to affect the final result
of the presidential election: “[T]he four Commissioners had
not placed before the Court, any information or document
showing that the elections were either compromised or that
the result would have substantially differed from that declared
by the chairperson of IEBC.” 48 Given petitioners’ reliance on
the public declarations of the four commissioners for their
Live-Streaming Judgments in Nigeria
The detailed judgment by the Supreme Court
of Kenya echoes a transparent delivery of a
judgment by election judges in Nigeria. A
major disinformation campaign impacted the
Nigerian elections early in 2023 and was
followed by attacks on the integrity of judges
on the Election Petition Tribunal. The election
judges dismissed allegations of tampering
with technology in the results transmission
process via an 11-hour, livestreamed reading
of their ruling.
cases, the Court’s observation represented an insurmountable obstacle for the petitions. Issuing a point-by-point
refutation of the petitioners’ arguments built a case for strong, well-reasoned judgments dismantling the
narratives that fueled the post-election results process (see text box for similar case in Nigeria 49).
Significantly, the Court delivered its judgment less than one month after the results of the election, and within the
legal deadline of 14 days from the filing. This swift resolution of the dispute was a crucial element in countering
the attacks on the integrity of the elections and bolstering citizens’ trust in the democratic process – but it required
a well-resourced court to meet the short deadline. In its judgment, the Court specifically cited the “inappropriate
and insulting language” that counsel and parties used against the Court and that “… insults or vitriolic attacks”
Supreme Court of Kenya, September 5, 2022, Presidential Election Petition E005, E001, E002, E003, E004, E007 & E008 of
2022 (Consolidated) [2022] KESC 54 (KLR) (Ken.)
48
Id. at para. 25.
49
Court of Appeal, September 6, 2023, Appeal No. CA/PEPC/03/2023; CA/PEPC/04/2023; CA/PEPC/05/2023
47
14