African jurists arrive for Supreme Court hearings on Raila petition
Azimio la Umoja leader Raila Odinga and other coalition leaders with their lawyers carry petition documents at Milimani Law Courts on August 22, 2022. A high-level group of eminent African jurists has arrived in Kenya to observe the proceedings of the 2022 presidential petitions.
A high-level group of eminent African jurists has arrived in Kenya to observe the proceedings of the 2022 presidential petitions at the Supreme Court. They are all members of the Africa Judges and Jurists Forum.
The mission is headed by Mohammed Chande Othman, the retired chief justice of Tanzania. Others include Justice Lilian Tibatemwa-Ekirikubinza of the Supreme Court of Uganda, Justice Ivy Kamanga from the Malwai Supreme Court of Appeal, Justice Moses Chinhengo of the Lesotho Supreme Court of Appeal and Justice Henry Mbha, president of the Electoral Court of South Africa.
They will attend all Supreme Court hearings and document the proceedings based on international human rights standards of fairness. They will also analyse the role and independence of Kenya’s Judiciary in examining electoral disputes. The team will also review the socio-political climate in the run-up to the petitions.
Develop a report
The team will then develop a report aimed at contributing to a more robust, independent, professional, impartial and accountable Judiciary.
“The observers’ report also aims to contribute to a more independent legal profession and better adherence to the rule of law and international legal standards concerning the resolution of electoral disputes,” a statement from the group reads.
The mission will also hold pre-hearing meetings with the petitioners, including the Independent Electoral and Boundaries Commission, the Office of the Director of Public Prosecutions and the Attorney-General.
Observation process briefing
The team will introduce its members to the petitioners and brief them of the observation process.
Several petitions were filed in Kenya’s apex court after Deputy President William Ruto was declared winner of the hotly contested August 9 presidential election.
Download a copy of Raila's Supreme Court petition here
At least eight petitions seek to nullify Dr Ruto’s win, with several petitioners alleging serious violations of the electoral process. Others want the court to determine whether Dr Ruto hit the required 50 per cent plus one threshold to be declared winner.
Another petition asks the court to quash the petitions challenging Dr Ruto’s win. The court will hear the petitions and render a verdict by September 5.
