Judiciary commences training in preparation for the hearing of election cases

The Judiciary, through the Kenya Judiciary Academy (KJA), in conjunction with the Judiciary Committee on Elections (JCE) has commenced an extensive training programme aimed at preparing judges and magistrates for the hearing of election-related cases.

The trainings, which began with the High Court this month, will eventually cover all courts in order to ensure adequate preparations as the country gears up to the third General Election under the 2010 Constitution.

The first training of judges was carried out from February 16th to 18th 2022. Two more trainings for High Court Judges will be held later this month.

A total of 72 High Court Judges, 120 researchers and law clerks will be trained. Training for the rest of the Superior Court Justices, 400 magistrates, deputy registrars and at least 400 Judicial staff will follow.

The Constitution mandates the Judiciary to hear and determine disputes related to election processes. Each election has witnessed an increasing number of election cases and petitions filed in courts.

In 2017, the courts handled a total of 389 petitions, including three presidential election petitions compared to 188 petitions filed in the 2013 General Election. This trend indicates that number of petitions to be filed may increase with the coming election.

The Judiciary has put in place mechanisms and structures to ensure the efficient management and disposal of election disputes.

The JCE, which was established in 2012 and is currently chaired by Supreme Court Judge, Hon. Justice Ibrahim Mohammed is tasked – jointly with KJA – to coordinate training and capacity development of judicial officers among other responsibilities aimed at ensuring that the Judiciary discharges its mandate effectively.

The trainings are important and timely for a number of reasons. Election laws and policies keep changing with each election season.

The recent amendments to legislation on political parties and the current debate to change election laws will have a bearing on how courts handle petitions and make decisions on disputes brought to court.

The trainings also cover areas such as the use of technology in elections, election planning and preparation, hearing of election petitions, judicial ethics in the adjudication of election disputes, among other issues relevant to the Judiciary.

The Chief Justice and President of the Supreme Court of Kenya, Hon. Martha Koome has challenged all the agencies charged with the mandate of electoral preparedness to undertake such trainings to enhance the capacity and preparedness for the electoral cycle.

This is what Kenyans expect of them in managing the electoral process. We assure Kenyans that the Judiciary is ready, willing, able and determined to execute its mandate under the Constitution fairly, expeditiously and with integrity for the good of our country.