06/10/2026
KENYANS HAVE A RIGHT TO KNOW THAT COURTS ARE READY FOR EDR – HON JUSTICE WARSAME
With only months before Kenya’s general election, the Judiciary has kicked off rigorous preparations to ensure efficient hearing and determination of electoral disputes that will be brought before the courts.
Speaking during a Training of Trainers forum, Supreme Court Judge and Chairperson of the Judiciary Committee on Elections, Hon Justice Mohamed Warsame, highlighted the need for the courts to be fully prepared for electoral dispute resolution.
“We have approximately nine months until the 2027 General Elections. Thereafter petitions will come before our courts. The country's faith in democratic governance rests in part on our ability to hear those petitions fairly, determine them within constitutional timeframes, and do so with reasoning that commands respect,” observed Justice Warsame.
He noted that countries where Judiciaries fail to prepare for general elections end up facing eroded public confidence and legitimacy crisis.
“Global evidence shows what happens when preparation is inadequate. Nations that underestimated the institutional work of preparing courts for elections have paid the price in public confidence. Those that treated this preparation as administrative housekeeping rather than constitutional necessity have faced legitimacy crises when decisions were questioned,” Judge Warsame underscored.
He highlighted that citizens have a right to know how the Judiciary is preparing to handle electoral disputes.
“The people of Kenya have a right to know that the courts are ready. They have a right to judges and judicial officers who understand the law, who can manage cases within constitutional timeframes, and who can render decisions with consistency and clarity. They have a right to a Judiciary that is independent, transparent, and trustworthy.” He emphasized, adding that the right is earned through rigorous preparation.
Electoral Dispute Resolution, the Judge pointed out, is not only about addressing legal claims but about reinforcing public trust in the institutions that safeguard elections, especially the courts.
The purpose of training of judges and magistrates on Electoral Dispute Resolution is to guarantee consistency across all court stations. It ensures they receive the same conceptual framework, case law analysis, and the same approach to reasoning. That consistency is not optional but a requirement for judicial legitimacy.
The Judge drew attention to the central role that the Judiciary Committee on Elections plays in spearheading the institution’s preparedness to handle electoral disputes.
“JCE provides strategic oversight, coordinates the work, approves training materials, and ensures that the public sees a Judiciary that is unified, prepared, and ready,” he emphasized.
Meanwhile, Supreme Court Judge Justice (Dr) Smokin Wanjala who is also the Director General of the Kenya Judiciary Academy, in a speech read on his behalf by Hon Lady Justice Njoki Ndungu, Supreme Court Judge, further stressed on the need for institutional preparation.
“Election Dispute Resolution occupies a particularly important place within the justice system. Elections are constitutional processes, and disputes arising from them are often subject to strict statutory timelines and heightened public interest. The courts must consequently be able to manage such disputes efficiently while safeguarding the rights of all parties and maintaining the independence, impartiality and integrity of the judicial process,” he said.
As the count down to elections continues, Justice (Dr.) Wanjala said the Kenya Judiciary Academy will focus on institutional capacity building of the Judiciary to administer electoral justice effectively, consistently and in accordance with the Constitution and the law.
