CJ Maraga: We are ready for poll cases

Chief Justice David Maraga photo:courtesy

The Judiciary is ready and willing to resolve all disputes arising from next week’s general election, Chief Justice David Maraga has said.

He urged anyone dissatisfied with the conduct of the Independent Electoral and Boundaries Commission (IEBC) during the August 8 elections to go to court instead of resorting to extra-judicial means as happened in 2007.

“We must never forget the crisis that gripped Kenya in the aftermath of the 2007 General Election. Those horrid events will always be a reminder that when electoral disputes are left in the hands of non-judicial processes, Kenyans pay an enormous price,” said Maraga, referring to the 2008 post-election violence.

The CJ said the manner in which the Judiciary has handled political contests between major political parties in the recent past spoke volumes about its impartiality.

“You have seen how we have, in the last two to three months, impartially and efficiently handled electoral disputes where both orders of the political divide have won and lost cases in equal measure. This shows we determine cases based only on the law and evidence,” said Maraga.

To ensure there will be no delay and all disputes are handled expeditiously, Maraga said he would allow all judicial officers to work outside official hours, including at night and weekends.

The CJ said this after he launched Bench Book on Electoral Disputes Resolution, the final guideline for judges and magistrates on handling electoral disputes.

The book, prepared by Judiciary Committee on Elections, outlines the timelines to file election petitions, how to adduce evidence and the duration courts should take to determine electoral disputes.

Maraga said after Parliament declined a proposal to amend the timelines for hearing petitions on presidential poll results, the Supreme Court will only have only 14 days to hear and determine such disputes.