The Role of Institutions in the Resolution of Election Disputes in Kenya

Abstract

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 .