XII
FOREWORD
HON. JUSTICE
MARTHA KOOME, EGH
Chief Justice and President of the
Supreme Court of Kenya
The electoral process remains central towards the realisation of the goal of democratic governance
that is a core aspiration of the 2010 Constitution. The 2022 election cycle – being the third cycle since
the 2010 Constitution introduced our electoral laws, principles, standards and institutions – provides a
solid basis for evaluating the soundness of our electoral system, electoral jurisprudence and procedures.
The Judiciary is one of the institutions that plays a central role in the conduct of credible elections. It is
tasked with adjudicating disputes that arise as part of the electoral process. While, traditionally this role
was activated at the tail end of the electoral cycle, the interwoven nature of various electoral processes
makes the Judiciary a key player throughout the electoral cycle. Under the 2010 Constitution, the courts
have been asked to determine crucial questions such as the election date, educational requirements
for elective office, resignation of public servants seeking to contest elective positions, regulation of
election campaign financing, the procurement of technology in elections, the rights of prisoners and
persons living in the diaspora to vote, the delimitation of boundaries, the eligibility of persons who have
violated Chapter Six of the Constitution to seek elective office, among others.
As an expression of our commitment to deliver on the Judiciary’s dispute resolution mandate, the
Judiciary has a standing committee, the Judiciary Committee on Elections (the Committee). The
Committee and its predecessor, the Judiciary Working Committee on Election Preparations, have
spearheaded administrative arrangements and capacity building measures for Judges of the Supreme
Court, Court of Appeal, High Court, and all other Judicial Officers. This enabled the courts to hear and
determine 188 election petitions in 2013 and 388 petitions in 2017.
BENCH BOOK ON ELECTORAL DISPUTE RESOLUTION