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Nullification of Presidential Elections in Kenya: Addressing The Lacuna in The Elections Act 24 Of 2011
Mini Dissertation (LLM)--University of Pretoria 2021.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2021
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| _version_ | 1867613508229660672 |
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| access_status_str | Open Access |
| author2 | Ayele, Zemelak |
| author_browse | Ayele, Zemelak |
| author_facet | Ayele, Zemelak |
| collection | Thesis |
| dc_rights_str_mv | © 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. |
| description | Mini Dissertation (LLM)--University of Pretoria 2021. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/82866 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:15.598Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2021 |
| publishDateRange | 2021 |
| publishDateSort | 2021 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/82866 Nullification of Presidential Elections in Kenya: Addressing The Lacuna in The Elections Act 24 Of 2011 Ayele, Zemelak wachira.benedict@gmail.com Fombad, Charles Manga Wachira, Benedict Wandeto Democracy in Africa Elections in Kenya Nullification of Elections UCTD Mini Dissertation (LLM)--University of Pretoria 2021. 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. Centre for Human Rights LLM Unrestricted 2021-11-29T12:13:37Z 2021-11-29T12:13:37Z 2021-12-10 2021 Mini Dissertation * D2021 http://hdl.handle.net/2263/82866 en © 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. application/pdf University of Pretoria |
| spellingShingle | Democracy in Africa Elections in Kenya Nullification of Elections UCTD Nullification of Presidential Elections in Kenya: Addressing The Lacuna in The Elections Act 24 Of 2011 |
| title | Nullification of Presidential Elections in Kenya: Addressing The Lacuna in The Elections Act 24 Of 2011 |
| title_full | Nullification of Presidential Elections in Kenya: Addressing The Lacuna in The Elections Act 24 Of 2011 |
| title_fullStr | Nullification of Presidential Elections in Kenya: Addressing The Lacuna in The Elections Act 24 Of 2011 |
| title_full_unstemmed | Nullification of Presidential Elections in Kenya: Addressing The Lacuna in The Elections Act 24 Of 2011 |
| title_short | Nullification of Presidential Elections in Kenya: Addressing The Lacuna in The Elections Act 24 Of 2011 |
| title_sort | nullification of presidential elections in kenya addressing the lacuna in the elections act 24 of 2011 |
| topic | Democracy in Africa Elections in Kenya Nullification of Elections UCTD |
| url | http://hdl.handle.net/2263/82866 |