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1.3.
Organisation
1.3.1. This Bench book is organised as follows:
i. Chapter 1 sets out the background and context of EDR in the post-2010 constitutional
framework.
ii. Chapter 2 outlines the jurisdiction of various courts and tribunals in EDR, and the issue of
timelines in so far as it relates to jurisdiction of various courts and tribunals. The rationale for
the Chapter lies in the constitutional emphasis on timely resolution of electoral disputes (Article
87(1) of the Constitution), which often ties the jurisdiction of various courts and tribunals to the
filing of electoral disputes within the prescribed timelines.
iii. Chapter 3 outlines the prevailing jurisprudence on pre-election disputes, i.e., disputes that
arise before the declaration of election results.
iv. Chapter 4 outlines the prevailing case law and procedure for the handling of parliamentary and
county election petitions.
v. Chapter 5 focuses on the presidential election petition and highlights emerging jurisprudence.
vi. Chapter 6 focuses on election petition appeals.
vii. Chapter 7 outlines the prevailing case law on selected issues that frequently arise in EDR.
viii. Chapter 8 sets out, appendices, timetables, checklists, as well as a series of selected statutory
forms adopted by the judiciary for the EDR process.
1.4.
The Judiciary Committee on Elections
1.4.1. Following the 2013 general election, the courts determined 188 parliamentary and county election
petitions, and 3 presidential election petitions, within the timelines set out in the Constitution.
The post-2013 decisions, which are set out in the law reports, constitute a rich body of EDR
jurisprudence. The determination of the 2013 election petitions within the timelines set out in
the Constitution is attributable to, inter alia, institutional preparedness spearheaded by the
then Judiciary Working Committee on Elections Preparations (JWCEP), an ad hoc committee
formed by the Chief Justice in 2012.
1.4.2. JWCEP’s mandate was limited to facilitating the Judiciary’s institutional preparedness for
electoral disputes arising from the 2013 general election. Its successes and the need to avoid
a relapse to the past legacy of delayed electoral justice pointed to the need for a permanent
(as opposed to ad hoc) internal arrangements within the Judiciary to ensure institutional
preparedness for future electoral disputes. In 2015, the Chief Justice established the Judiciary
Committee on Elections (JCE) as successor to the JWCEP to continue the important work of
ensuring that the Judiciary is prepared to meet the challenges of delivering a robust, fair and
efficient electoral dispute resolution process in subsequent elections. The JCE steered the
Judiciary in handing the 388 petitions that were filed following the 2017 elections.
1.4.3. In preparation for the 2022 general election, the JCE spearheaded legislative reform with a
view to ameliorating the EDR process. These amendments had the effect of capping political
party disputes appeals to the Court of Appeal, thereby bringing finality to the pre-election EDR
process. In conjunction with the Kenya Judiciary Academy, JCE also facilitated the training of
BENCH BOOK ON ELECTORAL DISPUTE RESOLUTION