The Role of Institutions in the Resolution of Election Disputes in Kenya
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Mechanisms for electoral disputes resolution are an integral part of the tests for free and fair elections in democratic set-ups. And yet, the efficacy of the mechanisms for dispute resolution is as much dependant on the normative superstructure as it is on the institutional infrastructure. j The interplay between ins t itutions to avoid conflict in jurisdictions is an important consideration in the architecture and de s ign of institutions for electoral disputes resolution. As the Kenyan e x periment of the past d e monstrates, a failure of the electorate to repose confidence in proper i nstitutions for electoral dispute resolution is a recipe for chaos and disaster. This centrali z e s e v e n more th e place of e lectoral disput e resolution institutions in a democracy . It is against the for e going background that this chapter interrogates the role of the various institutions in electoral disputes resolution in Kenya . This chapter examines the various provisions of the law establishing and vesting jurisdiction in the various institutions that play a role in the management and resolution of electoral disputes . The chapter also looks at the emerging jurisprudenc e of the courts and other institutions that have tried to give an interpretation to the relevant provisions of the law on the establishment and jurisdiction of these institutions . R e commendations for reforms are consequently made at the end of this chapter .