COURT | JUSTICE | POLITICS 

NAIROBI - Uganda's Supreme Court Lady Justice Lillian Tibatemwa-Ekirikubinza and Lady Justice Ivy Kamanga from Supreme Court of Appeal of Malawi, are among the high level Panel of notable African Jurists who are in Kenya to observe the proceedings of the 2022 presidential election petition. 

Others include Justice Moses Chinhengo from Court of Appeal, Lesotho, and Justice Henry Boissie Mbha, President Electoral Court of South Africa.

Kenyan media reported that the 2022 Trial Observation Mission will be headed by the Rtd Chief Justice of the Republic of Tanzania, Justice Mohammed Chande Othman.

The Jurists are Members of the Africa Judges and Jurists Forum.

The Kenyan Supreme Court is hearing the Presidential election petition filed by Azimio-One Kenya Alliance Presidential candidate Raila Odinga and his deputy candidate Martha Karua challenging United Democratic Presidential candidate William Ruto’s win in the August 9 general elections.

The seven-judge bench comprises Chief Justice Martha Koome, Deputy Chief Justice Philomena Mwilu, Judges Ibrahim Mohamed, Isaac Lenaola, William Ouko, Smokin Wanjala and Njoki Ndungu.

On Tuesday, the apex court held a pre-trial conference where they set guidelines on how the petition would be handled.

The court consolidated all seven petitions challenging the win of President-elect Ruto into one.

Koome said that it is because all the petitioners raised the same issues highlighted by the lead petitioner, Azimio la Umoja One Kenya coalition.

The court ordered IEBC to provide copies of its technology system security policy, password policy, password matrix and owners of system administration password.

Others were system users and levels of access, and workflow charts for identification, tallying, transmission, and posting of portals and any API’s that had been integrated.

The jurists are expected to attend all Supreme Court hearings, monitor and document the presidential election petition based on International human rights standards of fair trial standards.

They will also analyse the role and independence of the Judiciary in examining the electoral disputes and review the socio-political climate in the run-up to the Petition.

Kenya media reported that at the end of the trial observation, the observers will develop a comprehensive report aiming at contributing to a more professional, independent, impartial, and accountable Judiciary, a more independent legal profession, and better adherence to the rule of law and international legal standards concerning the resolution of electoral disputes.