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: firstname.lastname@example.org [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
Thurs 21st July 2016: Executive Officers, Executive Assistants and ICT Officers
Fri 22nd July 2016: Legal Researchers, Law Clerks and Deputy Registrars