5 Foreign Judges to Attend Supreme Court Hearing on Raila Petition

Rtd Chief Justice holding a meeting with African Jurists  after the presidential petition outcome in Kenya in 2017
Rtd Chief Justice holding a meeting with African Jurists after the presidential petition outcome in Kenya in 2017
Kenyans.co.ke

A High-Level Panel of five foreign Judges arrived in Kenya on Sunday, August 28 to observe the proceedings of the presidential election petition at the Supreme Court.

The Jurists are Members of the Africa Judges and Jurists Forum (AJJF). A press release dated Monday, August 29 confirmed their arrival in Nairobi.

"The eminent jurists will attend all Supreme Court hearings, monitor and document the presidential election petition based on international human rights standards of a fair trial," the statement read in part.

Supreme Court Judges during a past court hearing
Supreme Court Judges during a past court hearing
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The Africa Judges and Jurists Forum (AJJF) is a pan-African network of judges and jurists who are committed to promoting justice and development in Africa.

Its headquarter is in South Africa. The forum works by providing legal expertise to governments, intergovernmental organizations, donor agencies, private sector, and civil society organizations.

The 2022 Trial Observation Mission is headed by the Chief Justice (Rtd), Mohammed Chande Othman, of Tanzania.

Other delegation members include Hon. Lady Justice Lillian Tibatemwa-Ekirikubinza of the Supreme Court of Uganda, Hon. Lady Justice Ivy Kamanga from Supreme Court of Appeal of Malawi, Justice Moses Chinhengo from Court of Appeal, Lesotho, and Justice Henry Boissie Mbha, President Electoral Court of South Africa.

The forum also analyses the role and independence of the Judiciary in examining the electoral disputes and review the socio-political climate in the run-up to the Presidential Petitions.

At the end of the trial observation, the observers will develop a comprehensive report aiming at contributing to a more professional, independent, impartial, and accountable Judiciary.

The regional observer mission is aimed at advocating for a more independent legal profession, and better adherence to the rule of law and international legal standards concerning the resolution of electoral disputes.

The jurists will also hold bilateral meetings before the hearings with the Parties to the Petition including the Independent Electoral and Boundaries Commission (IEBC), the Office of the Director of Public Prosecution (ODPP), and the Attorney General.

The bilateral meetings will aim to introduce the eminent jurists to the stakeholders of the Petition and make them aware of the process and its modalities.

In 2017, the African Judges and Jurists Forum (AJJF) called on IEBC Chairman, Wafula Chebukati, to discuss the Supreme Court ruling and the implications of the repeat poll.

Judges of the East African Court of Justice
Judges of the East African Court of Justice
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