Election Petitions

At Mugweru & Ndege Legal Associates Advocates, we recognize that free, fair, and credible elections are the cornerstone of any constitutional democracy. The electoral process must reflect the sovereign will of the people, and when that process is compromised—through irregularities, illegalities, or violations of electoral laws—citizens have a constitutional right to seek redress through election petitions.

We offer specialized legal services in election law, with a strong focus on election petitions and electoral dispute resolution. Our team brings together seasoned litigators with in-depth knowledge of the legal, procedural, and evidentiary requirements necessary for prosecuting or defending election petitions at all levels, including presidential, gubernatorial, parliamentary, and county assembly elections.

Election Petition Strategy and Advisory

We assist candidates, political parties, voters, and other stakeholders in assessing whether an election was conducted in accordance with the Constitution and applicable electoral laws. This includes analyzing the integrity of the electoral process, compliance with legal standards by the Independent Electoral and Boundaries Commission (IEBC), and reviewing any irregularities or malpractices that may have affected the outcome.

Our services begin with thorough pre-litigation analysis, advising clients on the viability of their claims or defenses, preserving key evidence, and preparing comprehensive documentation to meet the strict timelines and formalities imposed by election laws and court procedures.

Litigation and Representation

Our advocates represent clients in all levels of the judiciary, including Magistrates’ Courts, the High Court, the Court of Appeal, and the Supreme Court, depending on the electoral seat contested. We handle all stages of election petition litigation—filing, preliminary objections, scrutiny and recount applications, hearing, and appeals—ensuring that our clients’ rights are forcefully and lawfully protected.

We are experienced in:

• Challenging or defending electoral outcomes

• Filing and responding to petitions within statutory deadlines

• Engaging expert witnesses and forensic analysts

• Applying for scrutiny, recount, or access to election materials

• Navigating constitutional issues related to elections

Constitutional and Electoral Justice

Our election petition practice is deeply anchored in constitutional principles, including the right to vote (Article 38), transparency, accountability, non-discrimination, and the rule of law. We treat election petitions not just as legal contests but as critical mechanisms for enhancing public confidence in democratic institutions and ensuring that elections serve their intended purpose.

We also assist in public interest litigation that seeks broader electoral reforms and accountability for systemic failures—ensuring that the electoral architecture itself conforms to constitutional values and international democratic standards.

Training and Compliance

Beyond litigation, we offer training and legal advisory services to electoral candidates, political parties, observers, and civil society on electoral compliance, code of conduct adherence, campaign financing laws, and dispute preparedness. This proactive approach helps prevent disputes and promotes lawful and peaceful elections.

At Mugweru & Ndege Legal Associates Advocates, we are proud to stand at the forefront of electoral law and justice. Whether you are contesting an electoral result, defending a mandate, or advocating for reform, our mission is to uphold the democratic spirit of Kenya’s Constitution and ensure that every vote counts—and every voice is heard.