Constitutional LawElectoral Justice in Kenya under the 2010 Constitution implementation, enforcement, reversals and reforms

February 23, 2023

My overarching argument in this chapter is that since the promulgation of the Constitution of Kenya 2010, Kenya has experienced reversals in implementation and enforcement of the Constitution generally. The process and the outcome in the 2017 General Elections provided an opportunity for Kenyans to re-ignite hope and reforms in governance and public administration.

I discuss implementation, enforcement, reversals and reforms in the quest for constitutional democracy in Kenya in the context of at least three key themes: First, presidential electoral justice, and the conduct of free, fair, accurate, verifiable, accountable and transparent general elections. Second, significance of democratic political party nomination and governance. Third, the quest for tribal equity, integrity and general constitutionality or legality in electoral administration and governance.

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