The Africa Judges and Jurists Forum (AJJF) deployed an Observer Mission team comprising of eminent African jurists, to observe the hearing by the Supreme Court of Kenya, of the 2022 presidential election petition. The Observer Mission team arrived in Nairobi on 28 August 2022 and completed its mission on 4 September 2022.
Headed by Retired Chief Justice of the Republic of Tanzania Mohammed Chande Othman, the Observer Mission comprised of Justice Henry Boissie Mbha of the Supreme Court of Appeal and immediate past President of the Electoral Court of South Africa; Justice Moses Chinhengo, AJJF Chairperson and Justice of the Court of Appeal of Lesotho and former Judge of the High Court of Zimbabwe and of Botswana; Lady Justice Lillian Tibatemwa-Ekirikubinza of the Supreme Court of Uganda; and Lady Justice Ivy Kamanga of the Supreme Court of Appeal of Malawi.
The purpose of the Observer Mission was to monitor the proceedings before the Supreme Court of Kenya and assess whether these proceedings were being handled in a manner that adheres to regional and global standards relevant for the handling of election disputes. In particular, the Observer Mission assessed whether the Supreme Court handled the proceedings in a manner which adheres to the principles of lawfulness, transparency, procedural fairness, accountability and judicial independence.
During its visit the Observer Mission attended the hearing at the Supreme Court building, met and engaged with the main parties in the petition namely: the then President-Elect Dr William Samoei Ruto, Rtd Prime Minister Raila Amolo Odinga, and the officials of the Independent Electoral and Boundaries Commission (IEBC). They also met with the Attorney General of the Republic of Kenya Retired Justice Paul Kihara Kariuki, President of the Law Society of Kenya Mr Eric Thueri, Rtd Chief Justices of Kenya Hon. David Maraga and Hon. Willy Mutunga.
During these meetings, the Observer Mission team sought and documented views, opinions and concerns which stakeholders had on whether the manner in which the petition was being handled complied with regional and international standards including on lawfulness, transparency, procedural fairness, accountability and judicial independence, as is mandated upon Kenya by Article 7 of the African Charter on Human and Peoples’ Rights, Article 17(2) of the African Charter on Democracy, Governance and Elections, Article 14 of the International Covenant on Civil and Political Rights. The Observer Mission team published its Exit Statement [1] on 4 September 2022 in which it noted that the petition had been handled in a manner which demonstrated that the judicial panel acted with independence and tremendous efficiency, and the Court handled the proceedings fairly and in a transparent manner. A full report will be compiled and published on the Observer Mission’s findings.
AJJF is a pan-African forum of eminent judges and jurists, who are committed individually and collectively, to promoting the rule of law, human rights, democracy and development in Africa. Previously AJJF has deployed similar Observer Missions to Kenya (in 2013 and 2017) and Zimbabwe (2018). AJJF has also published a resource on the emerging African electoral jurisprudence, including on the handling of presidential election petitions. In partnership with the International Federation on Electoral Systems (IFES) and the South Africa Judicial Education Institute (SAJEI), AJJF has established the African Electoral Jurisprudence Network, to facilitate the collection and exchange of information on African electoral jurisprudence and capacity development on the application of electoral standards in election disputes.
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