NAKURU,Kenya – ICJ Kenya Ag. Executive Director Demas kiprono delivered a poignant message during the opening session of the two-day comprehensive Election Dispute Resolution (EDR) debrief for Court of Appeal judges.
Mr Kiprono called on stakeholders to critically examine, learn, and share their experiences on elections dispute resolution with further discussions expected to center around the perspective of appellate judges.
“We appreciate that this debrief is an important session where Honourable Judges get to interrogate and take stock of what worked and what did not and how the same can be improved. It equally becomes important to reflect on the decisions rendered and what trends emerged from the 2022 elections dispute resolutions,” said Demas Kiprono,Ag. ED ICJ Kenya.
Since its inception, ICJ Kenya has supported the policy, legal and institutional reforms relating to elections and electoral dispute resolution in Kenya. In the 2022 elections strategy, ICJ Kenya set out to strengthen the capacity of the relevant mechanisms involved in election management.
“As an organisation, we believe that effective electoral dispute resolution is a crucial component of the election process. As such, we were delighted to render our support to the commendable work both by the Judiciary Committee on Elections and the Kenya Judiciary Academy,” he said.
As witnessed in the past and especially with the promulgation of the new Constitution, matters of election litigation and electoral dispute resolution in Kenya have become more concrete, so to speak and especially at the Supreme Court of Kenya, where the presidential outcome is challenged.
ICJ Kenya commend the invaluable work by the Judges at the Court of Appeal who equally have to listen to and determine elections disputes appeals in the country. Most often than, it is usually at this juncture that the spotlight is on the courts as they are viewed as game changers and beacon of hope in the country’s democracy.
As such, it is not only critical that the Judiciary remains independent in a quest to render effective and impartial decisions.
It is appreciated that different jurisprudence will emanate from the courts, which, as we know, set precedents for future electoral matters. Court of Appeal judges will bear witness to this fact. It thus becomes important to equally interrogate the said jurisprudence and draw lessons that will bolster elections dispute resolution in Kenya.
“We thus encourage you honourable Judges to continue developing home grown election dispute jurisprudence. On its part, election ligation becomes the platform upon which electoral disputes are brought to light before the courts in a quest to right the wrongs, so to speak, where the process was either flawed or not adhered to. Additionally, litigation brings forth the importance of adhering to the Constitutional provisions on elections as well as safeguarding those provisions,” noted Kiprono.
The Constitution and Statutory provisions must be adhered to in a country governed by the rule of law. To this end, the Courts are then be tasked with ensuring that such legal requirements were adhered to and if not, the adequate directions are given.
Equally, election dispute resolutions accord the Courts the opportunity to examine complex legal questions in so far as elections are concerned. The courts, who are the duty bearers in giving these responses in their judgments, cannot do it by themselves hence the required collaborative effort of diverse stakeholders essential in guiding the process in a quest for a sound electoral process in the country.
As has been witnessed previously in this country, litigation becomes the saving grace where all other avenues fail; as such, this is a tool that we must sharpen and effectively use for the best interest of this country and its citizenry.
Electoral justice cannot be ignored, especially where rules and procedures are not followed. Where the outcome of a process is fundamentally flawed, then the process must be interrogated to set the correct record. Electoral justice, on its part thus means that the significant population, being the numerous Kenyans who take to the ballots, have their wishes met, thus ensuring that the process is free and fair.
Additionally, electoral justice entails the public and different actors, including parliamentarians, the courts, the IEBC, political parties and civil society, working together to ensure the electoral process is transparent and accountable.
“On matters technology, this session accords us the opportunity to delve into what worked and didn’t work in electoral dispute resolutions with the entry and use of technology. What are the gaps, if any and how can the same be improved moving forward, especially from the Judges experiences,” said Kiprono who further said,”We cannot ignore civil society’s essential role in ensuring that elections as a democratic process is preserved; thus, it is crucial that we learn and take stock of past shortcomings as we look into the future of elections dispute resolution in Kenya.
ICJ Kenya Council is pleased with the continued engagement and cordial relationship we share with Judiciary Committee on Elections and Kenya Judiciary Academy as we work together towards restoring this country’s electoral democracy.
