Judiciary to offer alternative filing channels for election disputes for 2027 polls

Judiciary to offer alternative filing channels for election disputes for 2027 polls

CJ Koome says its preparations are intended to ensure electoral disputes are handled fairly and independently, without technical failures or administrative delays undermining access to justice.

The Judiciary will provide alternative channels for filing election disputes, including email and physical submissions, to prevent system failures or cyberattacks from denying candidates and voters access to court during the 2027 General Election.

Chief Justice (CJ) Martha Koome said the Judiciary would retain its Case Tracking System as the main platform but provide alternative arrangements if the electronic system became unavailable, as election petitions must be filed and determined within strict legal timelines.

“We will have Plan A, B, C, probably even D when it comes to filing electoral disputes,” Koome said on Wednesday during the opening of training for High Court judges on election dispute resolution.

She said litigants would be able to use email or file documents physically if the electronic platform failed, ensuring technical interruptions did not prevent electoral disputes from reaching the courts.

“We will also avail them of physical filing so that no one can be stopped from accessing justice, even if they hack our electronic system,” she said.

Koome added that court cause lists could be accessed through Kenya Law if they were unavailable on the Judiciary’s platforms, with hard copies also available where necessary.

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The contingency measures form part of the Judiciary’s preparations for the August 2027 elections, which include training judges and judicial officers, strengthening court registries and assessing the resources required to handle election petitions.

Koome said the Judiciary had maintained a record of determining election petitions and appeals within constitutional and statutory timelines since the introduction of the 2010 Constitution, but called for improvements in resolving disputes arising before elections.

She said cases involving political party nominations, candidates’ eligibility and other pre-election processes sometimes remain in court until close to election day, creating uncertainty for candidates and voters and affecting preparations by the Independent Electoral and Boundaries Commission (IEBC).

“I therefore urge our electoral courts to give appropriate priority to pre-election disputes and, where possible, ensure that they are resolved well before the relevant electoral deadlines,” she said.

CJ Martha Koome, centre, during the opening of training for High Court judges on election dispute resolution. (Photo: Farhiya Hussein)

Koome said timely decisions were necessary to provide meaningful remedies to litigants while allowing electoral preparations to proceed without disruption.

The Judiciary has also begun a phased election dispute resolution training programme targeting more than 400 judges, judicial officers and relevant personnel.

The programme, organised by the Judiciary Committee on Elections in collaboration with the Kenya Judiciary Academy, will cover the legal framework for elections, election petitions, jurisdiction, statutory timelines, scrutiny and recounts.

Supreme Court judge and chairperson of the Judiciary Committee on Elections, Justice Mohammed Warsame, said the wider programme would run over the next seven to eight months and include judges from the Supreme Court and Court of Appeal, 115 High Court judges, magistrates, legal researchers and law clerks.

The training will also address digital evidence, electoral technology, case management and professional ethics, as courts prepare for disputes involving electronic records, digital communications and emerging technologies, including artificial intelligence.

Koome said the Judiciary was assessing its staffing, financial and logistical needs, including the cost of deploying judges and magistrates to different stations to hear election petitions.

She said the institution hoped Parliament would provide the necessary funding.

The CJ also warned political leaders against violence and intimidation, saying Article 81(e) of the Constitution requires elections to be free from violence, intimidation, improper influence and corruption.

She said judges had no preferred candidates and would determine disputes on the evidence presented and the applicable law.

Koome urged political parties, candidates and their supporters to respect judicial independence and pursue disagreements through lawful channels.

The Judiciary says its preparations are intended to ensure electoral disputes are handled fairly and independently, without technical failures or administrative delays undermining access to justice.