Case Digest – The Law, Practice and Jurisprudence around Chapter Six and the Qualifications of Candidates in the 2022 General Elections Period

This case digest is a product of an initial inception meeting on 30th May 2023 with the Transparency International Kenya Team which set out the historical background of corruption and compliance with Chapter 6 of the Constitution of Kenya 2010. Parties identified the recurrent pattern of non-compliance by aspirants with the qualification requirements set out under the Constitution and attendant statutes. The timeline to be covered by this case digest was agreed to be from 2010-2022, with great emphasis put on cases post-2017 elections, with specific emphasis on the recently concluded 2022 general elections. On the jurisdiction of the cases to be covered, the scope of the digest was set to cover decisions from tribunals such as the IEBC Dispute Resolution Tribunal, the Chief Magistrates Court, High Court, Court of Appeal and finally the Supreme Court.

This case digest also features a report done by Transparency International Kenya titled “The Verdict: An analysis of the Interpretation of Chapter 6 by Kenyan Courts” 12th December 2019 which went to a great length to analyse the jurisprudence of Chapter 6 from Kenyan Courts featuring known cases such as Mumo Matemu v Trusted Society of Human Rights Alliance & 5 others [2013] eKLR Court of Appeal. The Case study utilized for the KIIs, using a semi-structured interview guide for all categories of actors, broadly grouped as duty bearers and right holders. The case digest canvassed various themes in the case analysis including jurisdiction, the principle on exhaustion of internal remedies, admissibility of evidence, as well as the constitutionality of the constitutional and statutory requirements of the qualifications of candidates in general elections. Download the report here


One Response

  1. TI,

    Do you have anything ongoing in Kisumu or an organization you are working with out here which I could engage with in your in your programs? Your organization discovered me in high school (15 years ago), in one of your outreach programs, before I went to study abroad and I am now back. Thank you!

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Jane Kingori

Grants Manager, USAID USAWA Program

Jane is a finance and grants specialist with a Master of Science in Organizational Development, Bachelor of Commerce in Finance and CPA (K). She has over 15 years’ of experience in strengthening organizations ‘capacities for sustainable program delivery through integration of best grants and financial management practices and compliance with different donor rules and regulations including USAID, UKAID, DANIDA, GCERF, SIDA and EU among others. She has served as the grants management technical lead at Faith To Action Network and Act Change Transform.