Functional electoral justice system key to national stability

The political climate has been heating up lately as campaigns intensify in readiness for the August 8 General Election. Both sides have dug in, one moment trading accusations, the next rushing to court to seek recourse on certain matters. Unguarded statements by some leaders threaten the very peaceful co-existence Kenyans desire during this electioneering period.

In some places, bad blood exists between party and independent candidates who chose that route following dissatisfaction with the way party nominations were conducted in April.

There have been threats against independent candidates and only recently, President Uhuru Kenyatta had to avoid an area where tension was particularly high. The level of dissatisfaction during party nominations can very well be carried on to the actual general election, the possibilities of which demand that we have a functional electoral justice system.

Disillusionment with a judicial system the opposition adjudged partial in 2007 saw the country degenerate into violence, yet a judicial system that evokes confidence would have precluded the violence.

The promulgation of the 2010 constitution and a revamped Judiciary played a key role in preventing violence following the contested 2013 General Election. An independent Judiciary arbitrating fairly in disputes has shown the way forward. The number of disputes before courts attests to this.

Credible elections are the cornerstone of a democratic society but, sadly, elections are sometimes subjected to abuse. However, when the general perception by the public is that the elections have been free and fair, legitimacy is lent to the elected government. Where that legitimacy comes into question, there must exist mechanism to resolve disputes arising, in line with the law. The training of court prosecutors on electoral justice is therefore timely and welcome.

Whenever individuals believe their electoral rights have been trampled on, they should be facilitated to bring out their complaints and get a fair hearing.

The latest action by the Independent Electoral and Boundaries Commission to try and charge aspirants accused of election offences blends in well with the electoral justice system. Everybody must be accountable for their actions.

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judiciary iebc