Chief Justice David Maraga (R) shakes hand with a Judicial officer, during the launch of the Bench Book on Electoral Disputes Resolution which the Committee, August 4, 2017. [Photo: judiciary.go.ke]
Chief Justice David Maraga has indicated that the Judiciary has a standing committee, to prepare the Judiciary to efficiently and expeditiously determine electoral disputes that arise from general elections.
He said the Judiciary Committee on Elections (the Committee), also spearheads administrative arrangements and capacity building measures for Judges and Judicial Officers, ahead of the general elections on Tuesday.
Addressing the press, Maraga indicated the efforts of the Committee enabled the Judiciary to determine, within the set timelines, the 188 election petitions that arose from the 2013 general election.
"Next week - on August 8 - Kenya will hold the second general election under the new Constitution. Under the aegis of the Committee, the Judiciary has put in place preparatory arrangements for the resolution of the electoral disputes bound to arise from these elections. The Committee has carried out a wide range of activities in preparation for the elections," he affirmed.
Some of the activitiies include;
1. Intensive refresher training for the Judges and Magistrates who will handle electoral disputes. Virtually all judicial officers of the rank of Senior Resident Magistrate and above, including the High Court, Court of Appeal and Supreme Court judges, have been trained. 2. The Committee has been at the forefront of reforming the Election Disputes Resolution - EDR laws and has consistently engaged the National Assembly on this. "This means we are still bound by the Constitutional requirement that the Presidential petition be heard and determined within 14 days of filing. This has required us to put in place a number of administrative and procedural arrangements that will make this possible. Some of the journalists here may already have participated in planning meetings aimed at ensuring that, should there be a Presidential petition, the media are well facilitated to access the Supreme Court and communicate the proceedings to the public," said Maraga, Friday.
3. The election rules of procedure for the different courts have been revised and gazetted, and subsequently compiled into what is referred to as The Grey Book. This is a compendium of all the rules and laws relating to the elections. Indeed it is one of the EDR tools we are launching this morning.
4. Launch the Bench Book on Electoral Disputes Resolution which the Committee. This is a quick reference guide to be used by judges and magistrates as they handle the petitions. The Bench Book, which is the first one in Kenya’s history, Maraga said, it contains summary procedures in EDR, highlights key legal provisions from the Constitution, the legislation and regulations governing EDR and the relevant jurisprudence in thematic areas. It also provides a quick reference of key resources and authorities. "I am happy to launch this important book today, which has been produced through the painstaking efforts of the Technical Committee on EDR led by the chairperson, Justice Stella Mutuku." Following the promulgation of the new Constitution in 2010, Maraga noted the Judiciary has been undergoing a process of transformation to strengthen its role as one of the three arms of the government exercising delegated authority from the people of Kenya.
He assured the country that the Judiciary was ready and able to resolve all electoral disputes which may arise from the General Election.
"I will, if necessary, allow our judicial officers to work outside the official hours – into the night and through weekends – to ensure that we keep to the Constitutional timelines without compromising on the quality of rulings," he noted. "We must never forget the crisis that gripped Kenya in the aftermath of the 2007 General Election. Those horrid events will always be a reminder that when electoral disputes are left in the hands of non-judicial processes, Kenyans pay an enormous price. I therefore urge those dissatisfied with results of elections at any level to file their petitions in court," added the CJ.