The 2010 Constitution and Electoral Governance in Kenya: Prospects for the Prevention of Electoral Violence

Abstract

Since the advent of multi-party politics in the early 1990s, Kenya has experienced a series of violent episodes characterized by loss of lives, destruction of property and internal displacement. Interestingly, these spates of violence seemed to be associated with electoral politics, particularly before or immediately after General Elections. The worst of these cycles was that witnessed in late 2007 and early 2008 in which nationwide violence led to 1,300 deaths and the internal displacement of at least 630,000 people. In February 2008, the two main contending sides- Orange Democratic Movement (ODM) and Party of National Unity (PNU) - agreed to the enactment of the National Accord and Reconciliation Act; a move that brought an end to violent hostilities among their supporters, thereby averting full-scale civil war in the country. The Accord underscored among other issues, addressing fundamental and long-term causes behind the violence, including legal and constitutional reforms. It was against this background that the country promulgated a new Constitution in August 2010. In this paper, we interrogate pertinent issues surrounding electoral governance in Kenya with specific reference to the ability of the 2010 Constitution of Kenya to secure a favourable, sustainable and institutionalized electoral governance environment in the country. At the core of the discussion is the question of whether or not electoral violence can be mitigated, prevented and effectively handled under the new constitutional dispensation.