XIII The role played by courts in the electoral process is one that the Kenyan Judiciary continues to take seriously. It is with this appreciation of the importance of its role that the Judiciary undertook to continue to train all judges, judicial officers and court administrators on Electoral Dispute Resolution (EDR), and then avail to them a reference text in the form of this Bench Book on Electoral Dispute Resolution to guide the EDR process. The Bench Book is a quick reference to those involved in making decisions on the Bench. With the first edition of the book released in 2017, we committed to having a living document, updated regularly to capture future changes emerging from both the law and jurisprudence of our courts. This second edition is our delivery on that promise, and we look forward to continuing to update it as the law evolves. This book is developed with the increased role of the Judiciary in all aspects of the electoral cycle in mind. It begins by setting the overarching principles and context of electoral dispute resolution before addressing key issues of concern to any judicial officer handling an electoral dispute at whatever stage of the electoral cycle it arises: from pre-election issues such as delimitation of boundaries, voter registration, procurement of election technology and materials, suitability and eligibility, nomination of candidates and political campaigns; to the resolution of election petitions after declaration of election results. It endeavours to evaluate the jurisprudence that has arisen from our courts since 2010, with the aim of highlighting areas where the jurisprudence is settled and areas where it is still budding and in need of crystallisation or direction by the apex courts. Given the frequency with which electoral laws are changed in this country, it is also important for judicial officers to be appraised on the revisions to the law applicable to the 2022 general elections. The text therefore endeavours, through editorial notes, to highlight areas where the law has been changed either by legislative amendment or by judicial pronouncement and where gaps remain, in light of the pending revisions to the relevant statutes and rules. It is hoped that by availing this text, which adds on to the electoral dispute resolution trainings that have been spearheaded by the Judiciary Committee on Elections in conjunction with the Kenya Judiciary Academy, the Judiciary’s role will contribute to more credible and acceptable electoral outcomes. It is also our hope that, armed with this text and the Grey Book on Elections being prepared by the National Council for Law Reporting, judicial officers will be well armed to attain the basic goals of any EDR process: to give effect to the will of the people, to give effect to the desire of the voter, to avoid upsetting election results where possible, and to respect specific legislative commands. I commend the Judiciary Committee on Elections for overseeing the preparation of the Bench Book. I am also grateful to the International Foundation for Electoral Systems (IFES) for their invaluable technical and financial support towards the Judiciary Committee on Elections and the publication of this Bench Book. BENCH BOOK ON ELECTORAL DISPUTE RESOLUTION