Deputy Chief Justice Philomena Mwilu has said the credibility of elections depends not only on the casting and counting of ballots but also on public confidence that every stage of the electoral process is conducted fairly, lawfully and transparently.
Speaking on Thursday during the launch of the Independent Electoral and Boundaries Commission (IEBC) Pre-Election Dispute Resolution (Pre-EDR) Report and Case Digest, Ms Mwilu said electoral justice is central to protecting Kenya's democracy and preserving citizens' trust in the country's electoral system.
"Electoral justice is not merely about resolving disputes after elections. It is about ensuring that every stage of the electoral process inspires public confidence through fairness, transparency and adherence to the rule of law," she said.
The Deputy Chief Justice noted that pre-election dispute resolution plays a critical role in preventing conflicts from escalating into protracted legal battles or political crises, saying timely and impartial resolution of grievances strengthens the integrity of elections.
She urged institutions involved in election management to work collaboratively in upholding constitutional principles, adding that public confidence in the electoral process is built through accountability and respect for the law.
"The credibility of elections rests not only on the act of voting but on the assurance that every process leading to that vote is undertaken fairly, lawfully and transparently," she said.
Her remarks come as the country prepares for the 2027 General Election amid renewed scrutiny of electoral institutions and growing calls for reforms following disputes that have characterised previous polls.
The launch of the Pre-EDR Report and Case Digest brought together representatives from the Judiciary, the IEBC, political parties, legal practitioners and other electoral stakeholders to reflect on lessons from the 2022 General Election and strengthen mechanisms for resolving disputes before polling day.
The report documents decisions made through the IEBC's pre-election dispute resolution mechanism and highlights emerging legal principles on matters such as party nominations, candidate qualifications, voter registration and electoral timelines.
Ms Mwilu said effective pre-election dispute resolution reduces uncertainty and enhances public confidence by ensuring grievances are addressed before they undermine the electoral process.
She also underscored the Judiciary's commitment to delivering impartial, timely and independent justice in election-related matters, noting that courts remain a critical pillar in safeguarding constitutional democracy.
"The rule of law must remain the foundation upon which our electoral processes are anchored. Every institution has a responsibility to ensure elections reflect the sovereign will of the people," she said.
The launch comes weeks after Parliament approved a new team of IEBC commissioners, who are expected to oversee preparations for the 2027 General Election, including voter registration, boundary reviews where applicable and the management of electoral disputes.
With political activity already gathering momentum, electoral stakeholders have emphasised the importance of resolving nomination and eligibility disputes early to minimise disruptions during the election period.
The Pre-EDR Report and Case Digest is expected to serve as a reference for political parties, candidates, lawyers and election administrators by consolidating legal precedents and best practices in handling pre-election disputes, with the aim of promoting peaceful, credible and transparent elections.
