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Articles

Vol. 13 No. 1 & 2 (2019)

The Kenyan judiciary, the doctrine of 'substantiality' and the resolution of presidential election disputes

DOI:
https://doi.org/10.70060/mak-mawazo-2019-325
Submitted
April 22, 2026
Published
December 31, 2019

Abstract

This article assesses the continuities and discontinuities that have attended electoral law reform in Kenya since the enactment of  the 2010 Constitution. Using the presidential elections of  2013 and 2017 as main frames of  reference, the paper examines the extent to which the vision of  electoral justice established under Kenya’s transformative Constitution has been realized in law and in practice. Ultimately, it suggests that beyond the legal contestations which periodically emerge during electoral cycles, lie important socio-political
struggles which have their roots in the history and structure of  the post-colonial Kenyan State. It is this broader, and more fundamental, political question which must be addressed if  true electoral justice is to be achieved in Kenya.