Protecting the Integrity of the Electoral Process

The Promise of the 'Maina Kiai' Judgement

Abstract

This article interrogates the rationale and promise of the judgment by the
Court of Appeal in the Maina Kiai judgment. It is argued that by the Maina
Kiai court affirming the finality of results at the polling station, the Maina
Kiai judgment has the impact of imbuing a positive perception on fairness
of elections and the legitimacy of electoral outcomes. This has been
achieved by doing away with the historic perception that electoral officials
tamper with electoral results at the National Tallying Centre.