Election Disputes in Kenya and the Supreme Court jurisprudence as an Electoral Court (original) (raw)
This research study gives an in-depth examination of the legal underpinnings, institutional framework of the electoral laws and the jurisprudence developed by the Supreme Court of Kenya in resolving electoral disputes from its inception to-date. The purpose of the study was to investigate whether the dispute resolution mechanisms in our electoral system are rigid, costly and inefficient and serve to hinder justice by placing emphasis on technicalities at the expense of substantive justice. Thus it measured the modalities of resolution of disputes in Kenya against the Constitutional and statutory principles in place as well as the aspired democratic values. The study has established that our electoral law regime is very progressive as measured with international standards in place and the fundamental problem bedeviling the electoral dispute resolution system thereof emanates from the failure to observe and implement the laws in force due to the prevailing attitude that laws are an impediment to exercise of unlimited freedoms instead of means to achieve rule of law, peace and justice to all. It is noted that a few sections of the law need to be fine-tuned to align with the democratic aspirations enshrined in the Constitution of Kenya. The research paper concludes by calling for a review of some areas of the law to enhance efficiency and increase the effectiveness of the law, creating public awareness on the need to observe the laws as well as shifting focus from making of more laws to enforcement and implementation of the laws in force. This will ensure that there is certainty, impartiality, equity and sense of justice by all players in the electoral arena which is integral in instilling the much needed faith in the electoral system thereby expanding our democratic space