A CRITICAL EVALUATION OF THE PROBLEMS ASSOCIATED WITH ELECTORAL FRAUD IN KENYA ELECTORAL SYSTEM

CHAPTER ONE:

INTRODUCTION

1. Background of the study

According to Agbiboa & Daniel (2018), voting may be seen as a traditional social choice issue that involves determining the most effective way to convert individual preferences into results, as individuals cast their votes and these votes are converted into the distribution of seats. Not surprisingly, the rules governing voting are expected to continue to be a subject of controversy for certain individuals or groups. This could involve debates over the allocation of seats, such as winner-take-all versus proportional representation, or more specific issues related to the management and counting of votes, such as whether legislatures or commissions should be responsible for certifying winners. However, severe electoral mismanagement and manipulation exacerbate these issues by obstructing the choices of citizens and leading to destabilising consequences such as protests and violence. Additionally, they undermine democratic institutions and jeopardise the effectiveness of elections as a means for holding those in power accountable (Alesina, Salvatore & Paolo, 2018). Electoral fraud undermines attempts to establish democracy and reverses the progress made in democratic processes by posing a danger to political and economic advancement. Electoral fraud is not well examined in the field of political science, particularly in regards to the voting that occurs before it and its harmful consequences after the election. The academic analysis of the causes and characteristics of rigging is currently lacking in theoretical development, and the acquisition of data from third wave democracies, particularly those in Africa, presents challenges. Furthermore, there is often ambiguity around the definition of election fraud and the methods used to quantify it. election fraud encompasses many deceptive tactics such as artificially inflating voter registrations, violating election laws, engaging in ballot stuffing and destruction, engaging in vote-buying, or exerting undue influence over electoral commissions (Angerbrandt, 2018). There has been a lack of thorough examination of African elections, despite the fact that several nations in the region have questionable contests. Robert Mugabe has faced continuous accusations of fraud in consecutive election cycles in Zimbabwe, as well as in Ethiopia (Asunka, Sarah, Miriam, Eric & George, 2019) and Nigeria (Barnes, 2017). The resolution of Nigeria's controversial 2007 election via legal proceedings lasted for a period of eighteen months, culminating in a court ruling that upheld President Yar'Adua's position (Burchard, 2015). A multitude of approaches have been developed to assess the type and scope of fraud due to the complexity of analysing it. An established methodology involves examining accusations of fraudulent activities presented to legislative bodies and judicial systems. Burchard's (2015) prominent research on fraud in Costa Rica is based on the analysis of petitions filed against members of Congress between 1901 and 1946. This enables them to compile a distinctive dataset consisting of 1,300 separate allegations that are spread out geographically and throughout time. The purpose is to examine theories about how social structure and institutions affect the occurrence and characteristics of electoral misconduct. The use of this approach has also shown its significance in the examination of US elections throughout the 19th century (Daxecker, 2020). However, it is unlikely that competitors in many nations would achieve successful outcomes by appeals to legislative or judicial authorities, given legislators tend to be biassed and courts lack independence and capability. According to Fielding (2018), there were about 300 opposition petitions filed in Ethiopia in 2005 due to issues in many of the country's seats. The panel dismissed around 165 of the claims and proceeded to examine the other ones. Consequently, they made the decision to repeat 31 contests, out of which 20 resulted in different victors, all of whom were in favour of the governing party. Although courts in Kenya have resolved conflicts in parliamentary cases at the local level, the opposition party ODM would not have found it advantageous to appeal to the courts. This is because the judges, who were predominantly affiliated with PNU, were widely seen as biassed and consistently demonstrated a lack of promptness in handling any cases, particularly election petitions. The researcher therefore, sought to evaluate the problems associated with electoral fraud in Kenya electoral system.

1. 1. Statement of the problem

The issue of election fraud is a genuine and significant concern in Kenya. For almost two decades, the nation has consistently seen occurrences of crimes and offences occurring during General Elections. It seems that Kenyans have not learned from past elections, as the 2013 General Elections were marked by incidents of election fraud and offences. These included instances of chaos and rigging during political party nominations, as well as a total of 188 petition cases challenging the election of various officials. These cases included 24 petitions against Governors, 13 against Senators, 70 against Members of the National Assembly, 9 against County Women Representatives, 67 against County Assembly Representatives, and 5 against County Assembly Speakers. These facts are supported by sources such as the Commonwealth Secretariat (2013), Gettleman (2013), and Fielding (2018). Electoral fraud mostly has adverse socio-economic and political consequences. Crimes and offences pose a significant risk to the progress of democratisation in a nation. For example, crimes and offences may contribute to the rise of leaders who lack sufficient skills and have doubtful integrity and character, ultimately resulting in the deterioration or complete failure of governance institutions. The legitimacy of a political system may be compromised if the election process inside the system is plagued by criminal activities and transgressions. Anomie and societal distress may result from violent riots, protests, demonstrations, and antagonistic disputes between persons who gain from the system and those who are disadvantaged, such as political candidates and their followers, as well as political parties (Goldsmith, 2015). Election crimes and offences, such as uncontrolled campaign funds, money laundering, pyramid schemes, irregular property transactions, and property destruction by political hooligans and disgruntled citizens, can destabilise a country's economy. This can lead to increased inflation and disrupt the market for goods and services (Goldsmith, 2015). The current study therefore set to evaluation of the problems associated with electoral fraud in Kenya electoral system.

1.3 Objective of the study

The broad objective of the study is to evaluate the problems associated with electoral fraud in Kenya electoral system. The specific objectives is as follows

1. Find out the causes of electoral fraud in the electoral system of Kenya.

2. Assess the extent of electoral fraud in the electoral system of Kenya

3. Evaluate the problems associated with tackling electoral fraud in Kenya electoral system.

1.4 Research questions

The following questions have been prepared for the study

1. What are the causes of electoral fraud in the electoral system of Kenya?

2. What is the extent of electoral fraud in the electoral system of Kenya?

3. What are the problems associated with tackling electoral fraud in Kenya electoral system?

1.5 Significance of the Study

The results of this research will be significant for policymakers and stakeholders in order to build a suitable framework for mitigating electoral fraud in the Nigerian electoral process, especially in preparation for the upcoming 2023 general elections. The study will contribute to the existing body of information and act as a reference for researchers and students interested in doing more research in the same topic.

1.6 Scope of the study

The study focuses on evaluating the problems associated with electoral fraud in Kenya electoral system. Hence, the study will find out the causes of electoral fraud in the electoral system of Kenya, assess the extent of electoral fraud in the electoral system of Kenya and evaluate the problems associated with tackling electoral fraud in Kenya electoral

1.7 Limitation of the study

Like in every human endeavour, the researchers encountered slight constraints while carrying out the study. Insufficient funds tend to impede the efficiency of the researcher in sourcing for the relevant materials, literature, or information and in the process of data collection (internet, questionnaire, and interview), which is why the researcher resorted to a moderate choice of sample size. More so, the researcher will simultaneously engage in this study with other academic work. As a result, the amount of time spent on research will be reduced.

1.8 Definition of terms

Democracy: a system of government in which laws, policies, leadership, and major undertakings of a state or other polity are directly or indirectly decided by the “people.

Electoral fraud:  This is an illegal interference with the process of an election.