Judiciary trains 400 officers to handle 2027 election disputes

The Judiciary has started training more than 400 judges, judicial officers and staff to handle disputes arising from the 2027 General Election, Chief Justice Martha Koome has announced.

Justice Koome, who is also the president of the Supreme Court, said particular attention would be paid to digital evidence, electoral technology, active case management, and professional ethics.

The emphasis on technology reflects the 2022 polls, when results transmission and digital evidence were major points of contention in the presidential and other petitions. The judiciary wants no judge caught off guard in 2027.

Koome said the Judiciary is treating electoral preparedness as a top institutional priority so that disputes are settled independently, fairly and on time.

“As Kenya prepares for the 2027 General Election, the Judiciary is taking deliberate steps to ensure that it is adequately prepared to discharge its constitutional mandate of resolving electoral disputes independently, fairly and expeditiously,” she said.

She noted that electoral justice is unlike other litigation. It runs on strict constitutional and statutory timelines and often turns on complex questions of law, evidence and electoral processes.

“Our responsibility is to ensure that courts have the institutional capacity, professional competence and operational systems necessary to administer electoral justice effectively,” she said.

The training is a phased Election Dispute Resolution programme run by the Kenya Judiciary Academy and the Judiciary Committee on Elections. High Court judges are now going through it, after 40 trainers completed a Training of Trainers course. They will now support the rollout across the country.

Participants will study the legal framework governing elections, pre-election disputes, petitions, jurisdiction, timelines, scrutiny and recounts, results management and transmission, emerging jurisprudence and appeals.

Beyond training, Justice Koome outlined four areas of operational readiness.

The first is case management. Presidential petitions must be decided by the Supreme Court within six months, while other petitions face even tighter deadlines. The Judiciary will strengthen registry operations, records management, hearing schedules and the timely delivery of judgements.

“Our objective is to minimise avoidable administrative delays while safeguarding the right of every litigant to a fair hearing,” she said.

The second is technology. With improved KIEMS kits and a new results transmission system expected in 2027, judges will have to grapple with servers, logs and digital footprints. Judicial officers, she said, “must be adequately equipped to assess digital evidence, determine questions concerning electoral technology and apply the relevant legal standards”.

The third is an audit of the people, money and logistics needed to handle election disputes, including enough judges and judicial officers, reliable technology and adequate resources for hearings. Justice Koome said the Judiciary will identify and prioritise these needs and pursue the necessary support, a signal that a budget request to the Treasury and Parliament is likely.

The fourth is public communication. Kenyans, she said, deserve clear information on which court handles which dispute and how to file a petition. The Judiciary will also work to counter misinformation, a recurring problem in election years, when fake court decisions and misleading legal interpretations circulate widely online.

“We will continue to engage the public to promote understanding of electoral justice processes and counter misinformation that may undermine public confidence in constitutional institutions,” she said.

The Chief Justice also had a message for politicians. She said the courts would not be drawn into political contests or into trials in the court of public opinion.

“Electoral disputes can generate intense political interest and public debate. However, our courts must be judicious in their constitutional duty to administer justice without fear, favour, bias or prejudice,” she said.

“Every case that comes before our courts will be considered on its merits, based on the evidence presented and the applicable law. Every litigant, regardless of political affiliation, favour, or position, is entitled to equal treatment before the law and a fair hearing.”

She urged leaders, candidates and supporters to respect the Judiciary’s independence. “Political disagreements must be pursued through lawful channels, and judicial proceedings must be allowed to run their course without intimidation, improper influence or undue pressure,” she warned.

The CJ also asked the media to report responsibly, to separate allegations from established facts and political commentary from judicial rulings. Sensational coverage of petitions before evidence is tabled, she said, can erode public trust in the courts.

Justice Koome said the preparations go beyond training. “Our promise to Kenyans is that, whenever electoral disputes arise and are properly brought before our courts, they will find an independent, impartial and competent Judiciary ready to administer justice in accordance with the Constitution and the law,” she said.