Protecting the Integrity of the Electoral Process, or, Obfuscating the Electoral Process?

A Response to Walter Khobe Ochieng’s “The Promise of the Maina Kiai Judgement” in Light of the Subsequent Supreme Court Jurisprudence in Raila Amolo Odinga & another v Independent Electoral and Boundaries Commission Chairman (IEBC) & Others

Abstract

This paper is a reply to Walter Khobe’s article which interrogates the Maina Kiai judgment and its promise in relation to safeguarding the integrity of the presidential election result. Whereas Khobe holds the view that the Maina Kiai decision resulted in creating a positive perception on the fairness of the elections and the legitimacy of electoral outcomes, this paper questions this optimism and argues that rather that creating clarity on the role of the Chairman in verification of presidential election results, the Supreme Court succeeded in further obfuscating the law on this important issue.