n African Human Rights Law Journal - Editorial

Volume 17 Number 2
  • ISSN : 1609-073X
  • E-ISSN: 1996-2096


Over the years, a significant shortcoming of democratisation in most African states has been the exclusion or near total absence of the judiciary in spaces that shape the discourse on critical political policy and decision making. The year 2017 witnessed significant instances of the highest courts in African countries being called upon to determine election-related and other constitutional disputes. Adding to a long line of influential decisions affirming constitutional rights by the South African Constitutional Court, on 1 September 2017 the Kenyan Supreme Court invalidated the Kenyan presidential elections of 8 August 2017. Similarly, although it eventually found insufficient evidence to invalidate the first round of Liberian presidential elections, the Liberian Supreme Court in November 2017 ordered that country’s run-off elections be halted pending a determination of allegations of election fraud and irregularities.

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