Browsing by Author "Shikoli, Edmond Ashivaka"

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    Judicial adjudication of electoral disputes: perspectives from emerging Jurisprudence in Kenya and Uganda
    (University of Dar es Salaam, 2017) Shikoli, Edmond Ashivaka
    Although Kenya and Uganda have had election disputes being resolved judicially, little is known about the entire resolution process and, more fundamentally, the legal framework on election disputes. In fact, questions as to whether or not the current legal regime is sufficient to guarantee electoral justice has been a subject of debate within and without the legal circles for some time now. The reason behind this elongated debate is the dissatisfaction with the delivery of electoral justice that has persisted in among various stakeholders. It was hoped that the promulgation and the adoption of the Constitution of Kenya 2010, and the enactment of the various electoral laws in both Kenya and Uganda, would fully and wholly fill the gaps, and reform various aspects of their respective electoral systems together with their dispute resolution mechanisms. However, this was not to be. It constituted over ambition. Many more gaps still exist in the electoral laws. New issues have in fact arisen requiring urgent redress. This study, therefore, aims at examining in a nuanced manner, the weaknesses, the inefficiencies, and the inadequacies of the electoral adjudication systems and their direct and indirect effect on electoral justice in Kenya and Uganda. This basically, includes among others the statute of limitation of time and the threshold for a valid election. Hence, an analysis will be conducted on the legislative, substantive, and the procedural aspects of the legal framework on election disputes to establish its effectiveness or otherwise.