Kenya, Uganda Law Students to Compete in Moot Court on Electoral Privacy

Law students from Kenya and Uganda are set to engage in a highly anticipated moot court competition focusing on electoral privacy. This event, organized by the Ugandan civil society organization Unwanted Witness in collaboration with the International Commission of Jurists Kenya (ICJ Kenya), was launched on Thursday at Daystar University in Nairobi. The competition, themed “Safeguarding Electoral Integrity: Upholding Voter Privacy in Democratic Processes,” aims to foster legal discussions among universities from both countries, highlighting the importance of privacy in electoral processes.

The competition began with a pre-moot conference at Daystar University, setting the stage for a series of preliminary rounds. Moot courts are simulated court proceedings where law students practice arguing hypothetical legal cases. This competition not only provides a platform for students to hone their advocacy skills but also emphasizes the critical issue of privacy in elections, an increasingly pertinent topic as technology continues to play a pivotal role in democratic processes.

Key Details of the Competition

The preliminary rounds will see Kenyan teams competing in Nairobi on Friday, September 13, while Ugandan teams will compete in Kampala on September 16. The top four universities from each country will advance to the quarter-finals, scheduled for September 19. The grand finale, including both the semi-finals and finals, will take place on September 20 at Daystar University.

The competition offers significant incentives for the winning team, including a trophy, a cash prize of USD 1,000 (approximately Ksh 129,000), and an opportunity to attend the 6th Privacy Symposium Africa in November in Harare, Zimbabwe. This symposium will provide a unique platform for participants from across Africa and the globe to meet, connect, discuss, and exchange ideas on data protection and privacy.

Emphasis on Electoral Privacy

Julie Wayua Matheka, ICJ Kenya’s Programme Manager, highlighted the competition’s relevance in the context of Africa’s busy election calendar for 2024, which includes elections in Botswana, Namibia, Somaliland, Ghana, and South Sudan, among others. She underscored the necessity of prioritizing voter privacy in democratic systems, especially as many of these elections will involve the deployment of technology.

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“Technology in elections must be transparent,” Matheka noted. “The vacuum of misunderstanding about technology, compounded by political disinformation and misinformation, can sow distrust in the electoral process—the exact opposite outcome that the use of technology in elections is trying to achieve.”

This observation resonates with broader concerns about the role of technology in modern elections. While technology offers opportunities for improving efficiency and accessibility, it also raises questions about data protection and the potential for misuse, making discussions like those at this moot court competition timely and essential.

Calls for Legislative Reforms

Unwanted Witness’s Head of Legal, Sempala Allan Kigozi, emphasized the need for robust legal frameworks to protect voter privacy. “Now that we have offices and laws, it is high time parliament amends election laws to include privacy safeguards,” Kigozi stated. He argued that embedding privacy protections within election management laws would enhance democratic processes and uphold the integrity of elections.

Kigozi’s comments highlight a critical gap in the current legislative landscape across many African countries, where rapid technological adoption in elections is often not matched by corresponding updates in legal protections for voter data. His call for reforms echoes a growing recognition of the need to align electoral laws with the realities of the digital age.

Fostering Future Legal Minds

Daystar University Vice Chancellor Prof. Laban Ayiro expressed optimism that the competition would provide valuable exposure to legal issues, enabling students to develop as young legal minds. “The moot court competition is not just about winning; it’s about learning, understanding the complexities of law, and growing as future advocates of justice,” Ayiro remarked.

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As the competition progresses, it promises to be a critical platform for law students to engage with pressing issues of voter privacy and the broader implications of technology in elections. With a blend of legal rigor and practical insights, this moot court competition is set to make a significant impact on the participating students and the broader discourse on electoral privacy in Africa.

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