Today’s Supreme Court ruling demonstrates the independence of Kenya's judiciary and the effective electoral complaint mechanism in place in Kenya. The EU election observation mission (EOM) has consistently encouraged Kenyans to use the courts for peaceful dispute resolution, and now calls on all Kenyans to respect the ruling. The petitions process is a core part of an election.
We have followed the petitions process with our observers in the Supreme Court. We have seen that the Court has worked diligently, openly and thoroughly despite short timelines. The mission has noted that lawyers of different teams have appreciated the Supreme Court for providing an enabling environment. The mission will review the detailed judgement once it is available.
The EU EOM’s preliminary statement was presented on 10 August, commenting on the entire electoral process up to and including counting. Some shortcomings were noted, including inconsistent procedures for the complementary mechanisms used and staff difficulties in completing results forms. On 16 August the EU EOM called for the IEBC to publish all results forms (34As and 34Bs), as the delay in publication was problematic. Full transparency is necessary for all stakeholders to have confidence in the announced results.
We call on the election administration to consult with stakeholders, to work transparently and to give regular updates on progress being made. We also call on all parties and candidates to do their part to support a smooth re-run. Agents need to be present in polling stations and tallying centres and need to be able to see and check details.
The EU EOM looks forward to continuing its good relations with all stakeholders and will always welcome information on any problems arising.
The EU EOM is impartial and independent, observing the elections according to Kenya’s national law and the international commitments it has made.
Statement EU EOM, 16 August
Preliminary Statement, 10 August
Statement from Heads of International Observation Missions, 9 August