My overarching argument is that the criteria, process of selection, choice, appointment, and conduct of the Chair and IEBC Commissioners in Kenya as well as the retention of the staff largely fail to meet the constitutional standards. Yet these are key factors that shall determine whether Kenya holds just, free, fair, accurate, verifiable, credible, accountable,...
My overarching argument in this chapter is that since the promulgation of the Constitution of Kenya 2010, Kenya has experienced reversals in implementation and enforcement of the Constitution generally. The process and the outcome in the 2017 General Elections provided an opportunity for Kenyans to re-ignite hope and reforms in governance and public administration. I...
This article may be cited as; Ben M. Sihanya (2013) ‘Constitutionalism, the Rule of Law and Human Rights in Kenya’s Electoral Process’ in (eds), Law Society of Kenya, ‘Handbook on Election Disputes in Kenya.’ This chapter rightly prescribes that in the Kenyan context, constitutionalism will be achieved only, as a starting point, where there is...
