Thread by @ICJKenya

Election Dispute Resolution (EDR) Symposium for Judges of the Supreme Court #KenyaElections2022

The Director of the Kenya Judiciary Academy, Hon Justice (Dr). Smokin Wanjala, CBS, SCJ, moderating the opening ceremony of the Symposium Election Dispute Resolution (EDR) for Judges of the Supreme Court #KenyaElections2022

ICJ Kenya Chairman, Mr. Protas Saende @ProtasSG giving remarks at the Election Dispute Resolution (EDR) Symposium for the Supreme Court #KenyaElections2022

ICJ Kenya Chairman Protas Saende @ProtasSG : Since its inception, ICJ Kenya has supported the policy, legal and institutional reforms relating to elections and electoral dispute resolution in Kenya #KenyaElections2022

ICJ Kenya Chairman @ProtasSG : In the 2022 Election strategy, ICJ Kenya set out to strengthen the capacity of the relevant mechanisms involved in election management #KenyaElections2022

@ProtasSG : We believe that effective electoral dispute resolution is a crucial component of the election process. Therefore, we were delighted to come on board and support the vision of the Judiciary Committee on Elections and the Kenya Judiciary Academy #KenyaElections2022

ICJ Kenya Chairman @ProtasSG : In two months’, time, Kenya will be headed for general elections. As is the case in most African countries, elections in Kenya are highly competitive and sometimes controversial #KenyaElections2022

ICJ Kenya Chairman @ProtasSG : They (Elections) often yield winners, losers, mixed outcomes, bruised egos, disappointments and euphoria #KenyaElections2022

ICJ Chairman @ProtasSG : The fact that the Kenyan electoral system is the winner takes all model with attendant ramifications has inevitably translated to a do or die contest that hardly concludes at the ballot box but, in most instances -before the courts. #KenyaElections2022

ICJ Kenya Chairman @ProtasSG : As Kenyans go into the third general election since the promulgation of the Constitution, the political heat and attention is on the Judiciary as a critical game-changer in Kenya’s democracy #KenyaElections2022

ICJ Kenya Chairman @ProtasSG : Kenya’s political experience thus far demonstrates an imperative for an impartial arbiter that is respected and trusted by the people and will ensure the validity and fairness of processes and outcomes of an election #KenyaElections2022

ICJ Kenya Chairman @ProtasSG : A neutral court must enforce relevant laws to ensure justice, maintain peace, fairness, and uphold the people's sovereign will #KenyaElections2022

ICJ Kenya Chairman @ProtasSG : My Lords and Ladies allow me to highlight a few matters for consideration #KenyaElections2022

ICJ Kenya Chairman @ProtasSG :
1) Independence of the Judiciary - As a Commission of Jurists, we posit that the Judiciary must assert its independence during this (election) period and ensure that the public confidence in the institution is strengthened #KenyaElections2022

ICJ Kenya Chairman @ProtasSG :
2) Be bold and courageous - The Constitution prescribes gruelling timeliness for the hearing and determination of a Presidential petition in the full glare of the world #KenyaElections2022

ICJ Kenya Chairman @ProtasSG :
3) Engage Experts as Amici - The complexity of election petitions cannot be gainsaid, and in the last two elections, technology has featured dominantly...
#KenyaElections2022

ICJ Kenya Chairman @ProtasSG : (Continuation): ...Therefore, we propose that whereas in this training technology will be discussed- the Court develop a pool of impartial and independent resource persons with varied expertise who may assist the Court if and when the time comes.

ICJ Kenya Chairman @ProtasSG :
4) Enhance the jurisprudence on election petitions. We urge the Court to shape electoral Jurisprudence; the 2017 decision emboldened the Malawi decision #KenyaElections2022

ICJ Kenya Chairman @ProtasSG : It is important to remember that the Jurisprudence of the Supreme Court shapes Africa’s legal landscape as Kenya is considered a forerunner in democracy and the rule of law #KenyaElections2022

ICJ Kenya Chairman @ProtasSG : I hope that this symposium will be resourceful in your quest for rich and well-informed expert opinion, current practice and emerging jurisprudence #KenyaElections2022

ICJ Kenya Chairman @ProtasSG : On that note, ICJ Kenya is delighted to ensure that Justices of the Supreme Court of Kenya have a copy of the 2017 Election Compendium. The 2013 and 2017 electronic versions of the Compendium will be made available to all Judges and Magistrates.

ICJ Kenya Chairman @ProtasSG : I conclude in the words of Julius Kambarage Nyerere, I quote, “Unless judges perform their work properly, none of the objectives of a democratic society can be met” #KenyaElections2022

The Chairperson of the Judiciary Committee on Elections (JCE) Hon. Mr. Justice Mohammed Ibrahim, CBS, SCJ giving remarks at Symposium Election Dispute Resolution (EDR) for Judges of the Supreme Court #KenyaElections2022

Hon. Justice Mohammed Ibrahim : If a Presidential Petition is filed following the 2022 General Elections, this shall be the fourth time, the Court will be called upon to exercise this exclusive mandate #KenyaElections2022

Hon. Justice Mohammed Ibrahim: When JCE was established, it was charged with ensuring that the Judiciary is ready to hear and determine any election disputes that may be filed #KenyaElections2022

Hon. Justice Mohammed Ibrahim: In order to deliver on this mandate, JCE prepared a comprehensive Preparedness Work-Plan geared towards ensuring that the Judiciary is optimally prepared to discharge its mandate during the 2022 electoral cycle #KenyaElections2022

Hon. Justice Mohammed Ibrahim: Implementation of the Work Plan requires collaborating with the KJA to carry out comprehensive training programmes for all its Judges, Judicial officers, Judicial staff & Legal Researchers on matters of Electoral law #KenyaElections2022

Hon. Justice Ibrahim: Between 15th February, 2022 and today, the JCE in conjunction with KJA has conducted several trainings. We have managed to ensure all High Court & Court of Appeal Judges together with their Legal Researchers have been trained in preparation for EDR matters.

Hon. Justice Mohammed Ibrahim: Implementation of the Work Plan requires collaborating with the KJA to carry out comprehensive training programmes for all its Judges, Judicial officers, Judicial staff & Legal Researchers on matters of Electoral law #KenyaElections2022

"The Committee continues to experience 2 main challenges in execution of its mandate. The first is a shortfall in funds to engage stakeholders on establishment of an e-court for EDR & the second challenge is a shortfall of staff members of the JCE secretariat."#KenyaElections2022

Hon. Justice Mohammed Ibrahim: Implementation of the Work Plan requires collaborating with the KJA to carry out comprehensive training programmes for all its Judges, Judicial officers, Judicial staff & Legal Researchers on matters of Electoral law #KenyaElections2022

Hon. Justice Ibrahim: I would like to appreciate the Honourable Chief Justice for the support she continues to give us in achieving our mandate. I would like to thank Kenya Judiciary Academy for partnering with the JCE to carry out the EDR Trainings #KenyaElections2022

Hon. Justice Ibrahim: I would like to appreciate the Honourable Chief Justice for the support she continues to give us in achieving our mandate. I would like to thank Kenya Judiciary Academy for partnering with the JCE to carry out the EDR Trainings #KenyaElections2022

Justice Ibrahim: I thank our development partners @ELGIA_Africa @ICJKenya @UNDPKenya @IFES1987 & @AGA_Africa for the support they continue to give us in our activities of capacity building, provision of technical assistance and review of the legal framework around elections.

The Deputy Chief Justice and Vice President of the Supreme Court of Kenya, Hon Justice Philomena Mbete Mwilu, MGH, giving remarks at the Symposium Election Dispute Resolution (EDR) for Judges of the Supreme Court #KenyaElections2022

The Chief Justice and President of the Supreme Court of Kenya, Hon Justice Chief Justice Martha Koome EGH, giving a Keynote Address at the Symposium Election Dispute Resolution (EDR) for Judges of the Supreme Court #KenyaElections2022

A Recap of Day Two of the Symposium Election Dispute Resolution (EDR) for Judges of the Supreme Court #KenyaElections2022