The 2007 General Elections in Kenya: Electoral Laws and Process

Abstract

The violence that followed the 2007 elections in Kenya sent shock waves through the country and around the world and raised questions about the Kenyan democratic landscape and the perception of stability in a region which is prone to violent conflict. Having come to power on the platform of comprehensive constitutional, legal and administrative reforms the National Rainbow Coalition government, headed by Kibaki, repeatedly reneged on promises to institute the reforms necessary to secure a new democratic dispensation and redress past imbalances. The consequence was a closely contested election, ethnic division, a flawed electoral process, a weak institutional framework and post-election violence that resulted in death, displacement and the destruction of million of dollars worth of property. This paper analyses the political and electoral environment in which the elections were held and attempts to explore the legal and constitutional framework governing elections in Kenya as well as to make recommendations for the democratisation of the electoral process.

Effectiveness of the Mitigation Strategies Adopted in the Management Processes to Improve Interethnic Relations in Uasin Gishu and Trans-Nzoia Counties, Kenya

“…This perception stems from the understanding that independent electoral and boundary commissions are instituted to facilitate fair election processes and mitigate biases during elections. This assertion aligns with findings from Owuor (2008), commissioned to evaluate the electoral process, which advocated for a review of the structure, composition, independence, capacity, and functions of the Electoral Commission of Kenya (ECK), as well as the electoral landscape.…”

Hidden in plain sight? Irregularities on statutory forms and electoral fraud

“…6. Similar complaints were also central to opposition arguments following the 2007 election (Owuor 2008).…”