Judge Kamanga to observe Kenya elections case

Malawi Supreme Court of Appeal Judge Ivy Kamanga is among five judges the Africa Judges and Jurists Forum has appointed for an observation mission for the 2022 Kenyan Presidential Election petition.

In a statement dated August 25 2022, the forum said the team will be led by Tanzania Chief Justice Mohammed Chande Othman. Other mission members are Uganda Supreme Court Justice Lillian Tibatemwa-Ekirikubinza, Lesotho Court of Appeal Justice Moses Chinhengo and South Africa’s retired President of the Electoral Court Justice Henry Boissie Mbha.

The observers will attend all Supreme Court hearings, monitor and document the presidential election petition.

Reads the statement in part: “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, a more independent legal profession, and better adherence to the rule of law and international legal standards concerning the resolution of electoral disputes.”

The forum further indicates that the observers will hold bilateral meetings with the parties to the petition, among others, before the petition hearing.

In an interview on Wednesday, the forum’s secretary general Martin Okumu-Masiga said they believe that Kamanga will bring special expertise, having participated in handling Malawi’s 2019 Presidential Election petition.

Catholic University of Malawi dean of law John- Gift Mwakhwawa applauded Kamanga’s appointment, saying it speaks volumes of the integrity of the country’s judicial system.

Last week, Kenya’s opposition leader Raila Odinga filed a petition with Kenya’s Supreme Court challenging Kenya’s Independent Electoral and Boundaries Commission’s declaration of his rival William Ruto as President-elect in the August 9 presidential election.

The court is currently hearing arguments from both sides and is expected to give its verdict on September 5.

In 2017, the Kenya Supreme Court ordered re-election to be held which was subsequently boycotted by Odinga, who lost to outgoing President Uhuru Kenyatta.