6 (a) an electoral system that is ‘simple, accurate, verifiable, secure, accountable and transparent’ (Article 86(a) of the Constitution); (b) a statutory framework characterised by mechanisms for ‘the timely resolution of electoral disputes’ (Article 87(1) of the Constitution); (c) the administration of (electoral) justice ‘without undue regard to procedural technicalities’ (Article 159(2)(d) of the Constitution); and (d) the administration of (electoral) justice in a manner that protects and promotes the purpose and principles of the Constitution (Article 159(2)(e) of the Constitution). 1.5.8. Kenya has made great strides since the 2007-2008 post-election violence. Public confidence in the Judiciary has been restored through, inter alia: i. open, transparent and competitive recruitment of judges, magistrates and judicial staff; ii. capacity building, through the continuous professional training of judges and magistrates; iii. the vetting of judges and magistrates; iv. the expeditious hearing and determination of election petitions and other electoral disputes; v. transparency of the judiciary’s proceedings, hearings and decisions; and vi. Despite these improvements, the judiciary needs to maintain the public trust through deliberate efforts to maintain its competence and impartiality. 1.6. Context of Contemporary Electoral Dispute Resolution 1.6.1. The Republic of Kenya is founded upon the ideals of, inter alia, democracy, sovereignty of the people and the rule of law. This is evidenced by the primacy accorded to these ideals in multiple provisions of the Constitution (c.f. Articles 1, 4, 10, 19, 20, 24, 91 94, 127, 131, 156, 174, 175, 238, 249, 255 and 259 of the Constitution). 1.6.2. Specifically, the Constitution provides that the people of Kenya may exercise their sovereign power either directly or through their democratically elected representatives. Democratic elections, therefore, provide the most legitimate mechanism for constituting the social contract between the citizens of Kenya and their government. In other words, the conduct of free, fair and transparent elections is an essential prerequisite for the existence of the democratic system of government envisioned by the Constitution. The theoretical rationale for the country’s EDR system is to ensure that those seeking the mandate to exercise the Kenyan peoples’ sovereign power through elective office are elected democratically. In Richard Kalembe Ndile & Another v Patrick Musimba Mweu & 2 Others, Election Petitions (Machakos) Nos. 1 and 7 of 2013, the Court explained the important role of elections and the role of the courts in the democratic process as follows: BENCH BOOK ON ELECTORAL DISPUTE RESOLUTION