FOREWORD
Elections are an important tool for promoting
democratic governance in a country. They
provide an opportunity for citizens to choose their
leaders, ultimately determining their fate. Electoral
processes test a country’s political stability, social
cohesion, and the levels of tolerance for diversity.
This is in addition to testing the legal tenacity of
the country and its judicial institutions. However,
although elections are supposed to be a source
of joy and a celebration of political and social
diversity, they have been a source of tears in many
African countries. In some countries, elections
have been the subject of coercion, violence, and
manipulation, becoming more of a divisive than
a unifying factor. This has, among other things,
arisen from weaknesses in the safeguards in place
to avoid this, including weak legal frameworks,
weak judicial institutions, and the militarisation of
politics. Nonetheless, some African countries have
exhibited resilience. These have, despite several
obstacles, been able to build effective safeguards
and organised free and fair elections. This has,
among other things, come because of effective
legal frameworks, resilient political actors, and
judicial institutions committed to uploading the law.
It is against the above background that this book
should be understood. The book examines the
diverse approaches some African countries have
taken in managing their elections. It focuses on
the way the law has dealt with different matters
that emerge in the electoral processes, from the
pre-election period, election period, to the postelection period. Indeed, the quality of an election
is determined at all stages of the electoral cycles.
For instance, failure to resolve pre-election disputes
can be a source of conflict that could escalate into
violence. The same is the case during both the
election and post-election period. The law must,
therefore, provide all the necessary safeguards to
resolve the disputes. This requires legal institutions
that are mandated to discharge their duties in a
transparent, free, and fair manner. In addition,
the law must define principles and put in place
systems to manage internal political party
matters. It is only then that the law can support
the building of strong political parties and nurture
multi-party democracy.
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This book showcases the approaches that select
African countries have taken in managing their
elections. The well-researched and written chapters
explore various issues that afflict almost all African
countries. This includes the role of traditional leaders,
the approach of internal party dispute resolution
mechanisms, electoral management body systems
and judicial approaches. In an illuminating manner,
the book discusses the sticky issue of the role
of technology in managing elections. The book
illustrates both shortcomings and best practices.
Perhaps what the book does not fully consider is
whether other forms of electoral processes and
justice are possible. Is it time to interrogate and
problematize, and exorcise the liberal virus in our
electoral processes? How can we, in our African
poor apologies for liberal democracies, deal with
dominance of wealth, foreign interests, technology,
artificial intelligence and public relations agencies
that make our citizens queue up to vote only for
their will to be subverted by all these forces? Of
course, this issue is tied up with the quest for
alternative and radical political leadership in Africa
that, going forward, will face the imperialism of the
West and East. It is this leadership that will participate
in dialogues about the overthrow of the unaccepted
and sustainable status quo on the different planet.
I would like to recommend this book to all persons
and institutions involved in election management
processes on the continent, especially those
involved in electoral law reform, implementation
of electoral laws, and adjudication of electoral
disputes. The issues raised and discussed in
the book should inform electoral reforms, guide
effective management of electoral processes and
adjudication of electoral disputes.
HON DR. JUSTICE WILLY MUNYOKI MUTUNGA
President, Africa Judges and Jurists Forum (AJJF),
Retired Chief Justice of the Republic of Kenya and former
President of the Supreme Court of Kenya