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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Lucky Philomena Mbaye

Project Assistant, Citizen Demand and Oversight

Philomena is a lawyer, currently undertaking the Advocates Training Program at the Kenya School of Law, following her attainment of a Bachelor’s Degree in Law (LL. B) from the University of Nairobi. She is also a Certified Professional Mediator (CPM).

With a keen interest in Human Rights, Policy, Democracy, and Governance, she is deeply invested in promoting equitable legal practices and advocating for social justice. Her professional journey includes valuable experiences from (Coulson Harney LLP) Bowmans Law and ENS Africa, where she developed a solid understanding of legal intricacies and demonstrated proficiency in navigating complex legal landscapes. Beyond her legal pursuits, Philomena actively engages in community service through volunteer work with local CSOs, aiming to extend her impact beyond the legal sphere and contribute meaningfully to societal progress.

Thomas Juma

Project Assistant, North-Rift Region

Thomas is a dynamic professional with a wide range of experience and skills in community mobilization, capacity development in governance, media engagement, networking and partnership development. In his new role, he shall be responsible for offering support to the North Rift Regional Office to ensure successful implementation of the projects and assisting in logistical tasks, data collection and documentation. Thomas holds a diploma in public relations, marketing and advertising from ICS college, diploma in project planning and NGO management from Cambridge universal college and diploma in film and television production from Alphax college.

Emily Atieno

Procurement Officer

Emily is a dynamic professional with a diverse range of experience and skills in asset management, vendor relations, process improvement, event management, procurement process and procedures, admin management, communication and interpersonal skills. In her role, she is responsible for all the procurement processes and procedures towards achieving the TI-Kenya’s strategic plan. Emily holds a Bachelor of Commerce from Africa Nazarene University. She is also a holder of certificate in facilitation skills and Diploma in Business Management.

George Kiondo

Finance and Investments Manager

George is a dynamic professional with a diverse range of experience and skills in financial and project management, couching and mentoring, monitoring and evaluation, financial reporting and procurement amongst others.

In his new role, is responsible for overseeing the work of finance, investments and business development towards achieving the TI-Kenya’s strategic plan.

George holds a Bachelor of Science in International Business Administration from USIU, a Masters of Business Administration from the African Nazarene University, CPA-K and CPS-K qualifications from Strathmore Business School.

Linet Mukhula

Project Officer, Natural Resources and Climate Governance - Land, Extractives and Energy

Linet is a highly dynamic and versatile professional with extensive experience across various domains. She possesses a comprehensive skill set essential for effective project and organizational management. This includes expertise in Program Management and Reporting, ensuring strategic initiatives are designed and implemented to meet objectives with accurate reporting on outcomes. She excels in Coordination and Relationship Management, forging strong connections with stakeholders to drive collaboration and achieve shared goals.

She is responsible for implementing governance projects and working with communities and government with an emphasis on Land, Extractives and Energy towards achieving the TI-Kenya’s strategic plan.

Linet holds a Bachelor of Environmental Studies (Community Development from Kenyatta University with a Diploma in Public Relations Management and Advance Certificate in Business Management from the Kenya Institute of Management. She’s currently pursuing a Master of Arts in Development Studies (Economic Planning)- thesis level at the Management University of Africa.

Anno Annet Andisi

Intern, North-Rift Region

Annet is a dynamic professional with a diverse range of experience and skills in community engagement and advocacy, training, strategy and policy development as well as project management.

She is responsible for offering support to the North Rift Regional Office to ensure the successful implementation of the projects and documenting of legal aid cases for walk-in and call-in clients towards achieving the TI-Kenya’s strategic plan.

Annet holds a Bachelor of Bachelor of Political science and Public administration from Kisii University.

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.