175 APPEALS 6.1. Introduction 6.1.1. The effective resolution of disputes throughout the electoral cycle is critical to the credibility of elections, the acceptance of election results and the stability of the election environment. The International Foundation for Electoral Systems (IFES) rightly argues that public perceptions around elections have a tremendous implication for the peaceful transfer of power and the viability of governing institutions, particularly in fragile political contexts (IFES, Elections on Trial: The Effective Management of Election Disputes and Violations (2018)). 6.1.2. While, administrative appeals from decisions of political parties, the Registrar of Political Parties, the PPDT and the IEBC are covered in Chapter Three, this Chapter deals with appeals from election courts. 6.1.3. Election appeals were inadvertently omitted from the Elections Act when it was first drafted. As noted by the Supreme Court in Frederick Otieno Outa v Jared Odoyo Okello & 4 Others, Supreme Court Petition No. 6 of 2014: “[50] It is to be recognized that Section 85A found its way into the Elections Act by way of a Miscellaneous Amendment Act, No. 47 of 2012. The Act, in its original design, was silent on the issue of appeals to the Court of Appeal. Section 85 had only provided that an election petition was to be heard and determined within a period specified in the Constitution. That period is specified in Article 105(2) of the Constitution: a question relating to the validity of the election of a Member of Parliament is to be heard and determined within a period of six months by the High Court. The Act, as initially enacted, gave no room for appeals to the Court of Appeal, with respect to election petitions. 6.1.4. The introduction of the right of appeal by amendment, limited this right to matters of law only; both at the High Court and the Court of Appeal (s 75(4) and 85A of the Elections Act). This limitation is not unconstitutional as it aligns with the constitutional imperative for the speedy resolution of electoral disputes (Frederick Otieno Outa v Jared Odoyo Okello & 4 Others, Supreme Court Petition No. 6 of 2014). The jurisdiction of the Supreme Court in electoral appeals is derived from the Constitution. 6.1.5. The jurisdiction of each of these appellate courts is discussed below. 6.2. Appeals to the High Court 6.2.0.1 The High Court has appellate jurisdiction over decisions of Magistrate’s Courts on disputes relating to election to County Assemblies (s 75(4) of the Elections Act, 2011). The appellate jurisdiction of the High Court in such cases is limited to ‘matters of law only’ (s 75(4) of the Elections Act, 2011). 6.2.1 Memorandum of Appeal 6.2.1.1. An appeal to the High Court is initiated by filing a Memorandum of Appeal within 30 days of the decision of the Magistrate’s Court (Rule 34 Elections (Parliamentary and County Elections) Petition Rules 2017). 6.2.1.2. Where the Memorandum of Appeal raises issues of both fact and law, contrary to s 75(4), the court may overlook this fact and determine only the issues of law (Kitavi Sammy v IEBC & 2 Others, Kitui Election Petition Appeal 3 of 2017). BENCH BOOK ON ELECTORAL DISPUTE RESOLUTION