Africa-Press – Kenya. The Kenyan section of the International Commission of Jurists has hailed the judiciary for what it calls competent and efficient manner it has handled election disputes so far.
The lobby says that it had appraised the conduct of the various election courts in the country on how they handled the disputes arising from party nominations and the pre-general election period and found them to have been above board.
The vote of approval by the reputed jurists’ lobby comes as the Supreme Court is set to start public hearing of the presidential petition lodged in it by Azimio leader Raila Odinga.
The court led by Chief Justice Martha Koome is set to deliver it verdict on next Monday, September 5.
ICJ said it held a webinar last week engaging stakeholders from the Judiciary’s Committee on Elections and the Law Society of Kenya and found the strides the institution has made in poll dispute processes to be commendable.
Judiciary records shows that a total of 388 election disputes arising from 2017 polls were filed and determined at the courts. This was increased from 2013 polls which saw 188 cases settled.
It said that the increase in the disputes settled within the prescribed time frames show maturity of the courts’ system of case adjudication and digital filing.
“We note that the increase in the number of election petitions is evidence of Kenya’s judicial system’s strength, capability, vitality, and openness, partly attributed to an increase in public understanding of seeking redress through the judiciary,” it said.
With the election process turning to litigation phase by those aggrieved in the contests, it said, the judiciary needs to handle the cases with sobriety and professionalism to inspire confidence and public trust.
The petitions are a positive trend in Kenya’s democracy, it said, as legal redress is effective substitute to violence.
“The effective resolution of election complaints is integral to the integrity and legitimacy of elections.”
It also hailed the use of technology in case handling at the judiciary, saying the development enabled swift and transparent management of disputes during the party primary stage.
“The JCE has established mechanisms for resolving electoral disputes arising from the recently concluded general elections. Specifically, in partnership with ICT directorate to integrate the Case Management System, the committee has been customized to facilitate the online filing of election disputes.”
“The e-filling will also allow the JCE to monitor the progress of petitions across the country in real time. 188 disputes from party primaries were filed and processed successfully through the platform,” it said.
Further, the outfit said it had confidence in the level of deployment of technology in the courts, saying it had shore up accountability and integrity in the judiciary.
“The e-filing platform will ensure greater transparency and efficiency in how courts manage petitions filed. JCE informed participants that the records of proceedings would be made available for parties upon request,” it said.
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