Election Law Commons^™

Daniel Pule And Others V Attorney General And Others 2017/Ccz/004 Selected Judgment No. 60 Of 2018, Elias C. Chipimo

SAIPAR Case Review

In a case brought to determine the eligibility of President Edgar Lungu to stand as a presidential candidate in 2021, having served less than three years in his first term, the Constitutional Court determined that: ‘…the presidential tenure of office that ran from January 25, 2015 to September 13, 2016 and straddled two constitutional regimes, cannot be considered as a full term.’

In doing so, the Constitutional Court effectively backdated the application of the ‘New Clauses’ to a time when there was already a law governing: (a) the eligibility of a person to stand again as a presidential candidate who …

Raila Odinga And Others V Independent Electoral And Boundaries Commission And Others [2013] Klr-Sck Petition No.5 Of 2013 & No. 1 Of 2017, Teddy J.O. Musiga

SAIPAR Case Review

Since the establishment of the Supreme Court of Kenya in 2011, it has so far determined two disputes arising from presidential election petitions. From the outset, it is important to clarify that this commentary does not purport to review the decisions of the 2013 and 2017 presidential election petitions. It only seeks to review and critique one salient aspect that emerges from the Supreme Court of Kenya’s approach in the treatment of rejected votes in those presidential election disputes.

The case note criticises the Supreme Court of Kenya’s approach which seems to favour the exclusion of rejected votes in the …

Nelson Chamisa V Emmerson Dambudzo Mnangagwa And Others Ccz 42/18 (August 2018), O'Brien Kaaba

SAIPAR Case Review

Zimbabwe held its first post-Mugabe general elections on 30th July 2018. On 3rd August 2018, the Zimbabwe Electoral Commission (ZEC) declared Emmerson Dambudzo Mnangagwa as the candidate who received the requisite ‘more than half the number of votes cast’ and declared duly elected President of Zimbabwe. Aggrieved by this development, Nelson Chamisa, the main opposition contender, challenged the validity of the election of Mnangagwa in the Constitutional Court. After hearing the case, the Constitutional Court unanimously: 1) Dismissed the application with costs; and 2) Declared Emmerson Dambudzo Mnangagwa as duly elected President of Zimbabwe.