(cont.)
Improving the EDR system
Based on these experiences, the dispute resolution rules and regulations were
revised to provide for an even more effective and transparent system. The
revisions, which are discussed in more detail below, focus on the gradation of
cases and the appropriate levels at which cases are to be settled. They also
include precise provisions for a more systematic manner of registering and
screening complaints, investigating cases and conducting hearings, reaching
decisions and dealing with appeals.
[1] A two-level EDRB
The rules have been revised to provide for the establishment of two levels
of dispute resolution body during the election period. The Central Election
Dispute Resolution Body is at the national level. An Election Commissioner
acts as Chairperson and its members include the Secretary of the
Commission, the relevant Head of Department or Division of the
Commission and a lawyer. The District Election Dispute Resolution Body
has the Chief Election Coordinator of the district as Chairperson and
includes the district or sub-district Administrative Head, the District
Council Secretary, the Head of the county concerned and the District
Electoral Officer as members.
[2] Clearer rules for complaint adjudication
The process of lodging complaints specifies that complaints may be lodged
with the:
1. Chief Election Commissioner;
2. Chief Election Coordinator;
3. National observers; or
4. Returning officers.
This is intended to make the process more convenient and more accessible.
The Chief Election Commissioner or a Chief Election Coordinator is required
to act immediately on receipt of a complaint. If a case is dismissed, a
decision has to be given within two days. If a case is not dismissed, it
must be registered and referred to either the central or the district dispute
resolution body.
[3] Proper presentation of a complaint
52
In order to screen out baseless complaints, all complaints lodged must be
signed and include the nature of the complaint, a proper address and contact
details.