Fait accompli: legitimizing the illegitimate in elections outcomes Does the legality of the electoral process matter in Kenya?

Abstract

Credibility of the electoral process across the world is both a means and a necessity to peaceful and stable democracy as credible elections serve to anchor functional legitimate democracy. It also serves as a vehicle that affords citizens an opportunity put in place a people-responsive government that mirrors the people’s will. Elections in most African states, however, have over time tended to validate evidently glaring constitutionally flowed outcomes. This trend is further aggravated by seemingly complicit and dysfunctional constitutional and electoral bodies and institutions. With a focus on the 2013 general elections in Kenya, this paper raises the question of the role of these bodies and institutions tasked with overseeing and ensuring credible electoral outcomes and their ability to live up to their expectations.

Key words: Constitutionalism; Elections; Legality of electoral process