THE Judiciary








 

Chief Justice David Maraga has gazetted the Elections (Parliamentary and County Elections) Petitions Rules, 2017 [ Download Rules  ]




 

Public views on Court of Appeal (Election Petition) Rules 2017

The Judiciary Committee on Elections (JCE) was launched in August, 2015 as a standing committee to spearhead preparations by the Judiciary to discharge its constitutional mandate with regard to election disputes resolution.

The Committee in preparation for the forthcoming 2017 elections reviewed the Elections (Parliamentary and County Elections) Petition Rules 2013 and Supreme Court (Presidential Election Petition) Rules 2013. The JCE has already received and integrated the inputs submitted by the public on the Rules.


Further, the Committee has now developed the Court of Appeal (Election Petition) Rules 2017, which are ready for public participation. The committee welcomes comments and feedback on the Rules by members of public. The same should be submitted by close of business, Wednesday, June 14, 2017, via email address:       judcommittee.elections@gmail.com         

Download the Rules here for reference:
Download Revised Rules ]




 



The Judiciary Committee on Election (JCE) trains media on reporting elections petitions



JCE chairman Justice Mbogholi during a training for Standard Media Group journalists on how to report on election petitions.




JCE Annual Report  2016Download Report   ]



Avoiding Violence and Enhancing Legitimacy: Judicial Preparedness for Handling Electoral Disputes in Kenya and Beyond.  [ Executive Summary  ]


 

Avoiding Violence and Enhancing Legitimacy: Judicial Preparedness for Handling Electoral Disputes in Kenya and Beyond. [ Download  ]


The Judiciary and the International Development Law Organisation (IDLO) launched the Judiciary Committee on Elections (JCE) 2016 Annual Report and the Avoiding Violence and Enhancing Legitimacy: Judicial Preparedness for Handling Electoral Disputes in Kenya and Beyond brief. [ JCE Annual Report-min  ] [ IDLO LLB Kenya EDR main   ]  [ IDLO Summary LLB Kenya EDR  ]


The JCE 2016 Final Report includes detailed information about the Committee’s structure and mandate, its Strategic Plan, electoral reforms and law development, achievements and challenges as well as the way forward for future election disputes resolution (EDR) process. It is a reflection of the JCE work in 2016 and the 2017 projections.

The brief on lessons learned on the other hand has a brief on challenges faced by Judiciaries in emerging democracies in handling electoral disputes including judicial independence, EDR frameworks, public confidence and judicial preparations.



Background

To avoid a recurrence of the 2007 post-election violence and in conformity with the transformation within the Judiciary, an effective and efficient Electoral Dispute Resolution (EDR) process was established in the run up to the 2013 General Election. The Judiciary established a temporary committee - the Judiciary Working Committee on Election Preparations (JWCEP) in May 2012 - to, among other things: advise the Judiciary on administrative arrangements and measures for the efficient disposal of election related disputes; design and execute a Judiciary programme to build the capacity of Judges, Magistrates and other Judicial Officers on electoral matters; design a system for monitoring and evaluating the management of election related disputes in court; liaise with and coordinate stakeholders to ensure effective and timely resolution of election related disputes and offences as well as advise the Judiciary on public outreach strategies on the election process.

 

Following the conclusion of the 2013 EDR process and ahead of the 2017 General Elections, JWCEP was made a permanent Committee of the Judiciary and renamed the Judiciary Committee on Elections (JCE) in August 2015 by the then Chief Justice Dr. Willy Mutunga. Several other key institutions continue to push for policy and legislative reforms related to electoral dispute resolution in Kenya as a lead up to the 2017 elections. These institutions include: the Office of the Registrar of Political Parties, the Political Parties Disputes Tribunal (PPDT), the Independent Electoral and Boundaries Commission (IEBC), the Kenya Law Reform Commission (KLRC) and the National Assembly Justice and Legal Affairs Committee (JLAC). Other organisations such as IDLO, UNDP among others have also stepped their support upwards towards various programmes geared towards improving EDR process.

 







Chief Justice David Maraga with Prof Kwasi Prempeh of Ghana and Christopher Mbazira of Uganda during the Supreme Court election dispute consultative forum in Mombasa. April 2017.

 


STAKEHOLDERS DISCUSS EDR RULES

Stakeholders discuss EDR rules (The Supreme Court (Presidential) Rules 2017 & Election Petition (Parliamentary and County Election) Petition Rules 2017) in Nairobi as part of public participation. Those present were representatives of Civil Society, Religious organisations, Professional bodies, Academia, State agencies, and Constitutional Offices. Others were LSK members, Development Partners and the Judiciary. See EDR Rules here [   ]


The Judiciary Committee on Elections (JCE) was launched in August 2015, as a standing committee to provide a mechanism to assist the Judiciary prepare for and discharge its mandate on election dispute resolutions.

 

The JCE in preparation for the upcoming 2017 elections has reviewed the Elections (Parliamentary and County Elections) Petition Rules 2013 and Supreme Court (Presidential Election Petition) Rules 2013. It is against this backdrop that the JCE requests members of public for input in the proposed revised Election Dispute  Resolution Rules 2017 (EDR). 

 

Comments and feedback on the rules should be sent by close of business April 7, 2017 via mail address: judcommittee.elections@gmail.com [Download  Election Parliamentary rules]  [Download  Election Presidential rules]

 


BACKGROUND ON THE FOCUS GROUP DISCUSSION ON THE TRAINING NEEDS ASSESSMENT HELD ATH THE JTI


The Judiciary Committee on Elections (JCE) was launched in August, 2015 by the Chief Justice as a permanent Committee of the Judiciary and successor to the Judiciary Working Committee on Election Preparations (JWCEP) to spearhead preparations by the Judiciary to discharge its constitutional mandate of resolving all disputes and petitions relating to and arising from elections in Kenya.  One of its main functions is to develop and implement, in conjunction with the Judiciary Training Institute, a training programme for the efficient and effective management of election disputes for Judges, Judicial officers and support staff.

 

The JCE Strategic Plan 2016-2019 has prioritized capacity building as a key thematic area of focus as part of preparations by the Judiciary for the 2017 elections.  A Sub-committee dealing exclusively with capacity building has been formed.  An evaluation of the JWCEP activities undertaken in 2014 found out that while capacity building was carried out for the majority of the Judges, Judicial officers and staff in the run up to the 2013 elections, it was not sufficient both in terms of scope and depth.  It recommended that in-depth and thoroughgoing needs assessment be undertaken to identify the extent of the training carried out in 2013, identify what worked and what did not work so as to provide baseline from which to develop a comprehensive training programme and training materials for the 2017 elections.

 

It is on this basis that the Judicial Committee on Elections (JCE) in Collaboration with the International Development Law Organisation (IDLO) is undertaking a Training Needs Assessment on Election Dispute Resolution (EDR). This is ongoing and is by way of interviews with EDR practitioners, academia, civil society organisations and Judiciary staff, a workshop and focus group discussions.

The Focus Group Discussions were held on Thurs 21st July 2016 for Executive Officers, Executive Assistants and ICT Officers, and thereafter on Fri 22nd July 2016 for Legal Researchers, Law Clerks and Deputy Registrars at the JTI.

The participants were a representative of various staff who were involved in the 2013 election petitions in different capacities.

 

The outcome of the activities under the Training Needs Assessment are coming to an end. The Report generated will feed into the EDR curriculum to be developed, and will inform the EDR training for Judges, Judicial Officers and Judiciary staff in 2017

 

Participants:       

Thurs 21st July 2016: Executive Officers, Executive Assistants and ICT Officers

Fri 22nd July 2016: Legal Researchers, Law Clerks and Deputy Registrars

 

FGD for Executive Officers and ICT Officers. 





FGD for Legal Researchers, Law Clerks and Deputy Registrars. 





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