7 The golden thread running through the Constitution is one of sovereignty of the people of Kenya articulated in Article 1 of the Constitution. The exercise of this sovereignty of the people is anchored by other rights and fundamental freedoms such as the freedom of expression, association and freedom of access to information…Article 38 articulates political rights which are given effect through the electoral system set out in Chapter Seven titled, “Representation of the People.” Under our democratic form of government, an election is the ultimate expression of sovereignty of the people and the electoral system is designed to ascertain and implement the will of the people. The bedrock principle of election dispute resolution is to ascertain the intent of the voters and to give it effect whenever possible. (See also Jared Odoyo Okello v IEBC & 3 Others, Kisumu Election Petition No. 1 of 2013) 1.6.3. The role of the courts in the democratic process is to hear and determine electoral disputes, especially when the validity, credibility or legitimacy of an election are challenged by disaffected candidates or voters. This way, the courts enforce the constitutional ideals of democracy, sovereignty of the people and the rule of law. The country’s EDR system, of which the courts play a central role in enforcing, is, therefore, a means for achieving the ideals of democracy, sovereignty of the people and the rule of law as set out in the Constitution. 1.7. The Guiding Principles and Values 1.7.1. Principles governing the EDR processes, as outlined in this Bench Book, are applied within the wider context of the principles governing the electoral framework. The transformative nature of Kenya’s 2010 Constitution inevitably requires that the principles of EDR are applied in harmony with the underlying principles of the electoral framework. The Constitution sets out the overarching principles of elections and representation of the people under Article 81 of the Constitution. The Constitution and statutes applicable to elections also provide principles governing the core elements of the electoral cycle. Legal reforms enacted in each electoral cycle also have implications in advancing the principles set out in the Constitution. 1.8. Principles for Constitutional Interpretation 1.8.1. The Constitution is construed in accordance with the principles set out under Article 159 of the Constitution. Article 159(1) provides that: This Constitution shall be interpreted in a manner that— (a) promotes its purposes, values and principles; (b) advances the rule of law, and the human rights and fundamental freedoms in the Bill of Rights; (c) permits the development of the law; and (d) contributes to good governance. 1.8.2. In 2012, the Supreme Court in Re The Matter of the Interim Independent Electoral Commission (Constitutional Application No. 2 of 2011 at paragraph 51) adopted the words of Mohamed A J in the Namibian case of State v Acheson (1991) 20 SA 805 Nm (Page 813) where he stated that: BENCH BOOK ON ELECTORAL DISPUTE RESOLUTION