93 candidates if the petitioner was a candidate at the impugned election but failed to challenge the nomination of the successful candidate before the IEBC (Josiah Taraiya Kipelian Ole Kores v Dr. David Ole Nkedianye & 3 Others, Nairobi Election Petition No. 6 of 2013). An election court should also refuse to entertain a dispute on the nomination of candidates where the petitioner has referred the dispute to the IEBC but failed to seek the review of the IEBC’s decision (Sammy Ndung’u Waity v IEBC Sammy Ndung’u Waity v IEBC & 3 Others, Supreme Court Petition 33 of 2018; Silverse Lisamula Anami v IEBC & 2 Others, Supreme Court Petition 30 of 2018; Mohamed Abdi Mahamud v Ahmed Abdullahi Mohamad & 3 Others; Ahmed Ali Muktar (Interested Party), Supreme Court Petition 7 of 2018; and Jared Odoyo Okello v IEBC & 3 Others, Kisumu High Court Election Petition No. 1 of 2013). 3.7.13 Where the IEBC refuses, neglects or otherwise fails to hear and determine a dispute relating to nomination of candidates, or makes an unlawful determination of such a dispute, the aggrieved party may invoke the supervisory jurisdiction of the High Court under Article 165 (6) of the Constitution (Jared Odoyo Okello v IEBC & 3 Others, Kisumu High Court Election Petition No. 1 of 2013). In Kituo Cha Sheria v John Ndirangu Kariuki & Another Nairobi High Court Election Petition No. 8 of 2013, the Court held as follows: If for example, by negligence or otherwise, a non-citizen was nominated for election and elected, it would be perfectly be in order for the court to right the wrong. In Luka Lubwayo and another v Gerald Otieno Kajwang and another Nairobi Petition 120 of 2013, the court found that where IEBC had failed to exercise its mandate under statute, the High Court could intervene. Article 105 1 (a) seems to widen the scope of the court in a petition to determine whether a person has been validly elected as a member of [P]arliament. The question of validity may encompass the clearance to run. 3.7.14 Where the IEBC rejects a candidate nominated by a political party for not being a registered voter, or for a breach of electoral laws, the political party may substitute the candidate if it can demonstrate that it was unaware of the candidate’s registration status or breach of electoral laws (Diana Kethi Kilonzo & Another v IEBC & 10 Others, Nairobi High Court Constitutional Petition No. 359 of 2013). 3.8 3.8.1 Political Campaigns Electoral Code of Conduct 3.8.1.1 Candidates for elective offices must abide by the Electoral Code of Conduct in their political campaigns (s 110, Elections Act, 2011). Players in the electoral process must give every candidate a fair chance to canvass support by all legitimate and legal means (Wavinya Ndeti v IEBC & 4 Others, Nairobi High Court Petition No. 4 of 2013). Moreover, the electorate cannot be said to have been given the chance to vote for a candidate of their choice, if the players engage in unfair political campaigns (Jared Odoyo Okello v IEBC & 3 Others, Kisumu Election Petition No. 1 of 2013). 3.8.1.2 An unfair political campaign, e.g., one characterised by unfounded or malicious propaganda, therefore, will result in the nullification of the affected election. In William Odhiambo Oduol v IEBC & 2 Others, Kisumu Election Petition No. 2 of 2013, the successful candidate’s campaign team forged and superimposed the portrait of the presidential candidate of a rival political coalition on the petitioner’s campaign posters. The Court made the following finding and nullified the election: To sum up, the ODM campaign machine ran a dirty campaign during the gubernatorial BENCH BOOK ON ELECTORAL DISPUTE RESOLUTION