Nullification of Presidential Elections in Kenya: Addressing The Lacuna in The Elections Act 24 Of 2011

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dc.contributor.advisor Ayele, Zemelak
dc.contributor.coadvisor Fombad, Charles Manga
dc.contributor.postgraduate Wachira, Benedict Wandeto
dc.date.accessioned 2021-11-29T12:13:37Z
dc.date.available 2021-11-29T12:13:37Z
dc.date.created 2021-12-10
dc.date.issued 2021
dc.description Mini Dissertation (LLM)--University of Pretoria 2021. en_ZA
dc.description.abstract The Supreme Court of Kenya was the first on the Continent to nullify a Presidential election after it departed from the hitherto used substantial effect rule in election determination, thus ushering a new era where the quality of the elections process, and not merely the numerical results truly mattered in an election. Section 83 of the Elections Act which was the ‘fulcrum’ that enabled the Supreme Court to depart from the substantial effect rule no longer exists in Kenyan law. This means that there is a risk that the courts may fall back to applying the restrictive substantial effect rule. This dissertation interrogates the legal framework on elections disputes resolution in Kenya, and particularly explores how the qualitative aspects of the election process can continue to play an essential role in the adjudication of election disputes in Kenya even in absence of section 83 of the Elections Act as it were. This dissertation argues that even in the absence of specific statutory guidelines on how the courts may adjudicate election petitions, there are constitutional and other legal provisions that can still guide the court to arrive at a decision that ensures procedural, qualitative and substantive justice when deciding election matters. The dissertation also argues that it is of paramount importance that the National Assembly re-introduces the original (disjunctive) section 83 into the Elections Act to ensure that in cases where the elections are held in an environment of substantial illegalities and irregularities, then the courts shall have specific statutory tools to deliver substantive electoral justice. en_ZA
dc.description.availability Unrestricted en_ZA
dc.description.degree LLM en_ZA
dc.description.department Centre for Human Rights en_ZA
dc.identifier.citation * en_ZA
dc.identifier.other D2021 en_ZA
dc.identifier.uri http://hdl.handle.net/2263/82866
dc.language.iso en en_ZA
dc.publisher University of Pretoria
dc.rights © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria.
dc.subject Democracy in Africa en_ZA
dc.subject Elections in Kenya en_ZA
dc.subject Nullification of Elections en_ZA
dc.subject UCTD
dc.title Nullification of Presidential Elections in Kenya: Addressing The Lacuna in The Elections Act 24 Of 2011 en_ZA
dc.type Mini Dissertation en_ZA


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