International Foundation for Electoral Systems Country and EDR Model Kenya Mixed 34 Jurisdiction Procedures for electoral disputes.34 If there is a lack of clarity over jurisdiction between the judicial or administrative courts, the case goes before the Council of Conflict of Competencies (Conseil de conflits de competences). the Code of Criminal Procedure. Tunisia’s electoral law contains special provisions relating to case management. The Independent Electoral and Boundaries Commission (IEBC) is responsible for resolving electoral disputes, except “election petitions and disputes subsequent to the declaration of election results,”35 which are the responsibility of the judiciary (High Court, Court of Appeal, and Supreme Court).36 The Political Parties Disputes Tribunal (PPDT) has jurisdiction over disputes between political parties, party members, candidates, and coalitions, as well as appellate jurisdiction regarding the The IEBC has adopted Rules of Procedure on Settlement of Disputes (2012) and the PPDT also developed and adopted specific rules of procedure38 ahead of the 2017 general elections. The judiciary has developed the Elections (Parliamentary and County Elections) Petition Rules and Supreme Court (Presidential Election Petition) Rules. These rules provide elaborate, timespecific procedures within which election petitions Case Management System records the case information, summons, investigation, trial, order/judgment, and the composition of the judicial body. Both the IEBC and the PPDT launched new case management platforms in 2017. Previous basic online systems existed, but were not effectively utilized. In the new software platforms, when a case is filed with the PPDT or IEBC, information will be organized into several sections: ‘Case Details’, ‘Payments’, ‘Parties’, ‘Advocates’, ‘Witnesses’, Strength Weakness and the parties’ pleadings, the defense’s memoranda, the relevant legal texts, the reasoning of the judgment, the statement of the judgment, and the magistrates’ names and signatures. published up to a year and a half after the date of judgment. The decisions are not available online, as the Administrative Tribunal has no website. Copies of the decisions of other courts may only be accessed at the court. Parties to complaints The PPDT and IEBC are before the IEBC may highly centralized. appear in person or be Consequently, as represented by an complainants may not advocate. Those subject to have the resources to a complaint have the right travel to Nairobi to file a to present their evidence case, they may have to and to cross examine instead rely on witnesses. The Dispute alternative dispute Resolution Committee mechanisms. may conduct Unfortunately, the lack investigations to enable it of available remedy may to “arrive at a reasonable lead to increased decision”.39 tension and violence and place significant pressure on alternative Loi organique n° 2017-7 du 14 février 2017, modifiant et complétant la loi organique n°2014-16 du 26 mai 2014 relative aux élections et référendums [Law n° 2017-7 February 14, 2017, modifying and supplementing the Law n° 2014-16 of May 26, 2014 on elections and referenda] Journal officiel de la République Tunisienne [J.O.] [Official Gazette of Tunisia], 731 (2017). 35 Elections Act 2016 § 74 https://www.iebc.or.ke/uploads/resources/kqI5cmgeyB.pdf; Independent Electoral and Boundaries Commission Act (2016), § 4; Rules of Procedure on Settlement of Disputes (2012) rul. 4. 36 Constitution of Kenya (2010), art. 88(4). 38 Political Parties Disputes Tribunal (Procedure) Regulations, No. 26 (2017) Kenya Gazette Supplement No. 60 (2017) reg. 4, http://kenyalaw.org/kl/fileadmin/pdfdownloads/LegalNoticeNo.67PoliticalPartiesTribunal.pdf. 39 Rules of Procedure on Settlement Disputes 2012 rul. 17. 18