2 BACKGROUND AND CONTEXT OF ELECTORAL DISPUTE RESOLUTION 1.1. Objectives of the Bench Book 1.1.1. This is the second edition of the Electoral Dispute Resolution (EDR) Bench Book which was first published under the auspices of the JCE in the run up to the 2017 general election. The main objective of this Bench Book is to provide a reference guide for judges, magistrates and other judicial officers on legal, procedural, and administrative issues that frequently arise in EDR. The specific objectives of this Bench Book are: i. to provide a summary of the legal framework for elections, legal processes and procedures applicable to EDR; ii. to distil and present the prevailing jurisprudence on selected issues in EDR; iii. to provide a quick reference of key resources and authorities for selected issues in EDR; and iv. to provide some information on the technicalities of the election process in Kenya. 1.1.2. This Bench Book takes account of the current electoral laws and EDR cases arising from the 2013 and 2017 electoral cycles, as well as some recent jurisprudence from the courts delivered in the run up to the 2022 elections. The Bench Book highlights the main provisions of the Constitution, electoral statutes, regulations, and election petition rules. It also gives an overview of the regulations, procedures and forms adopted by the Independent Electoral and Boundaries Commission (IEBC) to conduct the elections. It seeks to provide a comprehensive reference point on procedural and substantive areas of EDR. 1.2. How to use the Bench Book 1.2.1. The Bench Book is a reference material for Judges and Magistrates exercising their judicial function. It also addresses practical and administrative elements of elections and EDR which are of interest to Deputy Registrars, Court Administrators, and other judicial staff, notably on orders of scrutiny and recount. The Bench Book is not meant to supplant the official law reports or other authoritative legal texts. Instead, it is meant to complement these other sources by providing a compact but complete synopsis of key legal provisions and the prevailing jurisprudence on frequently recurring issues in EDR. This Bench Book does not dwell on any legal provision or judicial decision. Instead, it distils and highlights the key principles set out in electoral laws and the relevant judicial decisions, providing appropriate references to the law reports and other primary sources. This way, the Bench Book seeks to provide a ‘one-stop shop’ quick reference for the main issues that judges, magistrates, and other judicial officers are likely to encounter regarding the 2022 general election. This resource aims to complement the EDR trainings conducted for all the judges, magistrates and judicial officers under the auspices of Kenya Judiciary Academy and Judiciary Committee on Elections. 1.2.2. While attempts have been made to update the text with recent legislative amendments and jurisprudence from the courts, some of the most recent decisions may not be reflected in the text. At the time of finalisation of the text, some cases remained pending in court. BENCH BOOK ON ELECTORAL DISPUTE RESOLUTION