38 2.4.2. Independent Electoral and Boundaries Commission 2.4.2.0. The IEBC has jurisdiction to settle electoral disputes, including disputes relating to or arising from nominations but excluding election petitions and disputes arising after the declaration of election results (Article 88(4)(e) of the Constitution; s 74(1), Elections Act, 2011; Moses Mwicigi & 14 Others v IEBC & 5 Others, Supreme Court Petition No. 1 of 2015; Joash Wamang’oli v IEBC & 3 Others, Bungoma Election Petition No. 6 of 2013; and Orie Rogo Manduli v Catherine Mukite Nobwola & 3 Others, Kitale Election Petition 3 of 2013). The resolution of disputes is done by the IEBC NDRC. 2.4.2.1. IEBC – in addition to its duty to register and regularly revise the register of voters – also has a primary role of resolving voter registration disputes. There are two forms of disputes: disputes in the nature of claim (s 12, Elections Act, 2011; and McDonald Mariga v Returning Officer Kibra Constituency & Others, NDRC 3 of 2019) and disputes in the nature of objection (Rule 7, Rules of Procedure on Settlement of Disputes). 2.4.2.2. The former category of disputes cannot be raised within 90 days of the date of a general election or referendum or within 60 days of the date of a by-election (Reg 17(2) Elections (Registration of Voters) Regulations, 2012). The latter could be based on one of three scenarios: (i) that the person has registered in more than one registration centre; (ii) that the person has been convicted of an election offence at any time material to the registration; or (iii) that the person is not qualified to be registered under any law. (Reg 7 (1) Elections (Registration of Voters) Regulations, 2012) 2.4.2.3.The Registration Officer is the principal officer for the resolution of the dispute. Any person who is dissatisfied may appeal to the Principal Magistrate as the first appellate court (Reg 20 & 21 Elections (Registration of Voters) Regulations, 2012). A final appeal lies to the High Court. 2.4.2.4. The jurisdiction of the IEBC in EDR extends to determination of disputes relating to independent candidacy, including disputes as to whether an aspirant is eligible to contest an election as an independent candidate (William Omondi v IEBC, Nairobi High Court Constitutional Petition No. 288 of 2014; and John Mbugua & Another v The Attorney General & Others, Nairobi High Court Constitutional Petition No. 92 of 2013). The IEBC NDRC has asserted that it has no jurisdiction over election offences (Dr Ekuru Aukot v Raila Odinga, DRC Complaint No 82 of 2022). 2.4.2.5. Since the nomination of candidates by political parties precedes their registration/clearance by the IEBC, the two processes are intricately linked. The interconnection between the two processes creates a potential for jurisdictional overlap, confusion and forum shopping between the PPDT and the IEBC. Attempts to delimit party processes (party nominations) from the registration of candidates by IEBC were made through amendments to the Political Parties Act (particularly s 40(1)(fa) granting jurisdiction over party nominations to PPDT) and proposed amendments to the Elections Act. While the amendments to the Political Parties Act were adopted, the amendments to the Elections Act remained pending at the time of going to elections in 2022. 2.4.2.6. Courts have, however, clarified that the IEBC’s jurisdiction to settle disputes under Article 88(4)(e) of the Constitution does not extend to the adjudication of the nomination process of a political party (Moses Mwicigi & 14 Others v IEBC & 5 Others, Supreme Court Petition No. 1 of 2015). BENCH BOOK ON ELECTORAL DISPUTE RESOLUTION