A CRITICAL ASSESSMENT OF THE ELECTORAL CRIMES AFFECTING THE CREDIBILITY OF KENYA ELECTORAL PROCESS

CHAPTER ONE

INTRODUCTION

1. Background of the study

The foundation of an electoral system is the ability to choose political representatives through free and fair elections, which is a fundamental human right. Electoral politics began in Kenya in the 1920s with the introduction of elective principles by the 1922 Clifford Constitution. This constitution was very symbolic as it served as a landmark in the electoral history of Kenya. Kenyans were, for the first time allowed to exercise their political rights by voting their own candidates during elections in 1957 (Ezera, 2020).

Consequently, other constitution that emanated after 1922 improved on the elective principle. These preceding constitutions further expanded the scope of electoral participation.There is no doubt that election has been a factor in Kenya’s political development since independence, even in per-independence era, it played significant role both at the national and regional levels. But the fact remain that post-independence elections in Kenya have a through elections, the public bestows legitimacy upon their chosen leaders, effectively voicing their collective will and sovereignty (D’Angelo, P, 2019). However, election cycles serve as critical junctures for citizens to evaluate the performance of the incumbent political party and to set their expectations for future administrations.

Additionally, electoral crimes can erode the trust that citizens have in their political institutions and leaders. When people witness crimes associated with elections, may lose faith in the democratic process, making it more difficult to consolidate democratic norms and values.however, in every modern society, election and democracy are classified as essential ingredients of development.

Furthermore, administrative inefficiency in election process have taken the following forms: late opening of polling stations, late commencement of actual balloting, mix up of ballot papers, insufficiency of ballot papers at some polling stations,missing names from the voters’ register on election day, and mismanagement of election results (IED and ECK reports). Also, as a result, election administration authorities in developing democracies like Kenya are subject to a great deal of mistrust, derision, and scrutiny which affects the credibility of electoral process in Kenya.

However, election results have more credibility when conducted in a free and fair manner. An election is deemed credible by Bush and Pruther (2018) when "people trust its results and believe that it produces an outcome that reflects the will of the people." Also, to the extent that the outcomes are seen as representing the will of the people, credibility is therefore based on how freely and fairly voters perceive the electoral process to have been. People's opinions are almost always based on how they voted, with winners considering an election to be legitimate and losers believing the opposite.

Further more, Shah (2015) perceives the legitimacy of elected leaders and government as grounded on the voter’s trust of the entire electoral process and related institutions. This is particularly so as the citizenry have broad experience of interacting with the entire electoral process. The parameters upon which the freeness, fairness and credibility of an electoral process are measured remain contested. Shah (2015) observes that though there is consensus on free and fair elections as a primary measure of emerging and mature democracies, there is a lack of agreed indicators upon which the level can be measured.

Additionally,according to Bush and Pruther (2018), election credibility is increased by election observer duties, especially when the public perceives the observers as competent and impartial. Therefore, a survey will be conducted in order to critically assess the electoral crimes affecting the credibility of Kenya electoral process.

Statement of the Problem

Kenya's election cycle is marked by a number of issues. A number of issues are prevalent, such as some registered voters' names being absent, voter intimidation and disenfranchisement, multiple and underage voting, ballot box snatching or destruction, incorrect computation, and result fabrication (Alabi, 2019). Additionally, a weak electoral system encourages crimes associated to elections, which has long-term effects of undermining public faith in the democratic process (Alemika 2018). The electoral crisis has been caused by rogue politicians and certain partisan election officials who take advantage of the flaws in the conventional voting system to commit electoral frauds (Ogbaudu, 2018).

Furthermore, existing electoral systems in Kenya exhibit several shortcomings, including issues related to the mobility of voters, security concerns, and accuracy in the tallying process due to human errors. Also, according to Mercurio (2019), Kenya's electoral process has issues with regard to eligibility and authentication, integrity, individual verification and auditability, dependability, adaptability, performance, and scalability. Thus, it is in the light of these that the study seeks to critically assess the electoral crimes affecting the credibility of Kenya electoral process

1. 1. Objectives of the study

The main purpose of this study is to critically assess the electoral crimes affecting the credibility of Kenya electoral process. Specifically, the study will;

1. Assess the prevalence of the electoral crimes in Kenya electoral process

2. Assess the causes of electoral crimes during Kenya electoral process

3. Assess the forms of electoral crimes during Kenya electoral process

4. Assess the negative effects of electoral crimes on the credibility of Kenya electoral process

1. 1. Research questions

The following questions have been prepared for the study:

1. What is the prevalence of electoral crimes in the Kenyan electoral process?

2. What are the causes of electoral crimes during the Kenyan electoral process?

3. What forms do electoral crimes take during the Kenyan electoral process?

4. How do electoral crimes negatively affect the credibility of the Kenyan electoral process?

1.4 Significance of the study

The study will help the government to identify and analyze the problem of historical conflicts and how to resolve them in order to foster country’s aspiration of peaceful elections. Also, it will help policymakers in passing an enabling legislation to realize these values and align other laws with the new constitution.

Further more, the study will be relevant to the electorates as the information gathered will strengthen their levels of interaction and political participation processes. Additionally, subsequent researchers will use it as a literature review. This means that other students who may decide to conduct studies in this area will have the opportunity to use this study as available literature that can be subjected to critical review. Invariably, the result of the study contributes immensely to the body of academic knowledge with regard to the electoral crimes affecting the credibility of Kenya electoral process.

1.7 Scope of the study

The scope of this study is boarded on a critical assessment of the electoral crimes affecting the credibility of Kenya electoral process. Theoretically, this study will assess the prevalence,causes, forms and negative effects of the electoral crimes in Kenya electoral process.

Geographically, the study will be delimited to people in Nairobi, Kenya.

1.8 Limitation of the study

In the course of carrying out this study, the researcher experienced some constraints, which included time constraints, financial constraints, language barriers, and the attitude of the respondents.

In addition, there was the element of researcher bias. Here, the researcher possessed some biases that may have been reflected in the way the data was collected, the type of people interviewed or sampled, and how the data gathered was interpreted thereafter. The potential for all this to influence the findings and conclusions could not be downplayed.

More so, the findings of this study are limited to the sample population in the study area, hence they may not be suitable for use in comparison to other schools, local governments, states, and other countries in the world.

In quest of carrying out this research work the researcher was not able to carry out this work in a more conclusive standard due to the following limitation.

1.9 Definition of terms

Elections: a formal and organized choice by vote of a person for a political office or other position.

Electoral crimes: an activity motivated by an attempt to affect the results of the elections – either by manipulating the electoral procedures and participation or by contesting the legitimacy of the results.

Credible elections: means electoral processes that enjoy considerable support and confidence of the citizenry.

REFERENCES

Ajulu, R. (2002). Politicised ethnicity, competitive politics and conflict in Kenya: A historicalAltheide, DL 2009, ‘Media and Mediated Evidence’, Cultural Studies-Critical Methodologies, vol. 9 no. 1, pp. 14-22.

Anderson, D., & Lochery, E. (2008). Violence and exodus in Kenya's Rift Valley, 2008:

Apollos, M. (2001). Ethnicity, violence and democracy. Africa Development, 26(1), 99-144.

Avraham, E & First, A 2010, ‘Combining the representation approach with the framing concept: Television news coverage of the Arab population in Israel during conflict’, Journalism, vol. 11, no. 4, pp. 481-499.

Barkan, J. D. (2008). Kenya's great rift. Foreign Affairs, 87(1), 88-100.

Barker, D & Knight, K 2000, ‘Political Talk Radio and Public Opinion’ European Journal of Women’s Studies, vol. 64, no. 2, pp. 149-70.

Bratton, M., & Kimenyi, M. S. (2008). Voting in Kenya: Putting ethnicity in perspective. Journal

Bronstein, C 2005, ‘Representing the Third Wave: Mainstream Print Media Framing of a New Feminist Movement’, Journalism & Mass Communication Quarterly vol. 82, no. 4, pp. 783-803.

Brown, S 2011, ‘Lessons Learned and Forgotten: The International Community and Electoral Conflict Management in Kenya’, In D Gillies (ed.), Elections in Dangerous Places: Democracy and the Paradoxes of Peacebuilding, pp. 127-43, McGill-Queen’s University Press, Montreal.

Brown, S. (2003). Quiet Diplomacy and Recurring “Ethnic Clashes” in Kenya. From promise to

Brown, S. (2004). Theorising Kenya's protracted transition to democracy. Journal of

Carotenuto, M. (2006). Riwruok E Teko: Cultivating identity in colonial and postcolonial Kenya.

Cheeseman, N. (2008). The Kenyan elections of 2007: An introduction. Journal of Eastern

Chepkoech, A 2015, ‘How the ICC charges turned my world upside down’, Daily Nation 5 July. Available at https://www.nation.co.ke/lifestyle/lifestyle/joshua-sang-ICC-charges-turned-my-world-upside-down/1214- 2775408-15gkxpf/index.html [accessed, 2019].

Cohen, AP 1994, Self-Consciousness: An alternative anthropology of identity, Routledge, London.

Contemporary African Studies, 22(3), 325-342.

Cottrell, J & Ghai, Y 2007, ‘Constitution Making and Democratization in Kenya (2000-2005)’, Democratization, vol. 14, no. 1, pp. 1-25. Covey, S 2011, ‘The Third Alternative: Solving World’s Most Difficult Problems’, Free Press, New York.

D’Angelo, P 2011, ‘Studying Framing in Political Communication with an Integrative Approach’, American Behavioral Scientist, vol. 56, no. 3, pp. 353- 364.

Easterly, W., & Levine, R. (1997). Africa's growth tragedy: policies and ethnic divisions. The

of Eastern African Studies, 2(2), 272-289.

perspective. African Studies, 61(2), 251-268.

practice: Strengthening UN capacities for the prevention of violent conflict, 69-100.

Predictable and preventable? Journal of Eastern African Studies, 2(2), 328-343.

Quarterly Journal of Economics, 1203-1250.

Ragin, C. C. (2014). The comparative method: Moving beyond qualitative and quantitative

strategies. Univ of California Press.

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