Election Technology and Electoral Justice In Kenya

ICJ Kenya recently produced a technical brief on Election Technology and
Electoral Justice In Kenya.

The brief considers the steps taken in the integration of election
technology. It also assesses the context of integration of election
technology and the impetus provided by the standards provided under the
Constitution of Kenya 2010. The brief notes the historical uncertainty in
the management of free and fair elections, the high constitutional
standards, and the essence and substance of technology in election
management.

It recognizes the opportunities presented by technology in achieving the
principles and objects set in the constitution. It proposes a principle and
value-based approach by IEBC and the courts called upon to apply and
interpret the legal framework. This brief notes that, in the past, there
has been an attitude of election managers to attain bare minimalist
compliance with the law. This brief note that the minimalist and full
deference to the IEBC in explaining technology failure in 2013 was followed
by a more substantive and principle-based consideration in 2017. There are
instances where there has been targeted litigation that are clearly
intended to curtail the transformative focus of the Constitution in
election management and reinforce the minimalist approach.

Download brief
<icj-kenya.org/wp-content/uploads/2023/01/ELECTION-TECHNOLOGY-AND-ELECTORAL-JUSTICE-IN-KENYA-Final-1.pdf>

*Victor Kapiyo*
Partner | *Lawmark Partners LLP*
*Nine Planet Apartments, Nairobi | **Web: www.lawmark.co.ke
<www.lawmark.co.ke/> *
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