Journal of Diplomacy and International Studies P-ISSN: 2656-3878 https://journal.uir.ac.id/index.php/jdis/index E-ISSN 2656-8713 UNDERSTANDING KENYA’S ELECTORAL MANAGEMENT ARCHITECTURAL CONTEXT: SURVIVING BOTH THE STATE AND A VOLATILE REGION Thomas Otieno Juma1 1Lecturer of Political Science and International Relations, Faculty of Arts and Social Sciences, Department of Social Sciences and Development Studies, Catholic University of Eastern Africa (CUEA), Nairobi – Kenya; [email protected] ABSTRACT The article is an attempt to understand Kenya’s electoral management architectural context asks fundamental questions; does elections management architectural context have the ability to survive a state or group of states? How does election management architecture help states function in volatile regions? While answering these, the study asserts; in a deepening regionalism, the security effects of one state extend threats to other communities of states around it/her. In a critical view from the prism of the International Relations (IR) lens, the survival of one state has a spiral survival effect on the other states in such a locality. This causes states to have joint and various effects relationships. The nature of regional security among neighboring states faces paradigmatic limitations common to their adjacency. Security in the era of regionalization is symbiotic thus poor electoral management naturally has an impact on the existing peace and security in a regional network of states. This study discussed Kenya’s electoral management architecture from the constitutional edicts point of view. This encompassed strengths and weaknesses observed and highlight some supportive Acts of law found necessary to the study. It moved further to elaborate on the electoral management architecture context found relevant to the study. Using relevant themes, the study analyzes the region in light of the questions posed and written literature, the research justifiably concludes that indeed EM architectural context has a necessary role in volatile regions. Keywords: Electoral Achitecture, Kenya’s Election, Volatile Region, Regionalization 1 Thomas Otieno Juma Understanding Kenya’s Electoral Management Architectural Context: Surviving Both The State and A Volatile Region Journal of Diplomacy and International Studies P-ISSN: 2656-3878 https://journal.uir.ac.id/index.php/jdis/index E-ISSN 2656-8713 A. Introduction serious implications for security. Electoral The history of elections in Kenya Management among states sharing has been full of challenges. The political common borders has far-reaching impacts power games sought to control all political than being an individual country's affair. processes almost immediately after These include refugee influx due to forced independence. This reflects suggestion by migrations, cross border economic losses, Cassandra R. Veney and Paul Tiyambe security stalemates between neighboring Zeleza (2013) and Paul Tiyambe Zeleza states, a proliferation of arms, and the (2009) that Kenya emerged out of possibility of the emergence of anti- colonialism in 1963, after a prolonged government rebel groups. In a major liberation struggle, with a political perspective, it questions the security of the economy marked by the existence of an region. The Kenyan electoral management authoritarian state, uneven regional of 2007 degenerated the once ‘perceived development, deep social cleavages, and an peaceful’ country into a near pariah state intolerant political culture sustained by which threatened the socio-eco-political deep historical memories of grievance and mainstay of the East African region and injustice. Nationalist ideology both masked adjacent states. and reinforced the inherited political Kenya’s 2007 electoral management deformities of the colonial state in so far as was unique towards regional security in it mobilized the colonized for freedom several ways compared to previous ones. while simultaneously seeking to Both internally and externally the homogenize them in the inflexible ideology uniqueness had some effects. Internally, it of nation-building. attracted a number of key personalities Election management bodies among the Kenyan political elites as around the world continue to face contestants than before, the political space challenging circumstances, and there will in the country had greatly experienced be a continued need for organizations like freedoms required of democracies, IFES to do research, spread best practices, breakage in the ruling factions that brought and facilitate dialogues. All of this is key to the second liberation made it a very advancing better elections around the contestable election, and it pitted major world (Lemargie, 2017). Most elections in candidates for the presidential seat who Kenya since the first multi-party elections come from the two dominant Kenyan in 1992 have experienced management ethnic communities. Again, externally, the problems. The gravest occurrence heightened move towards regional emanating from electoral management integration which Kenya has always which generated the disputed presidential championed partly because of her pseudo- elections in December 2007 made the economic imperialism (Munene, 2017) in majority of Kenyans flee their homes to an the region made the 2007 electoral extent of crossing regional borders and a management a real regional security reported figure of about 1,300 were killed problem. This study endeavored to find out (Crisis Group Africa Report, 2008). the effects of electoral management on Additionally, the impact extended to the Kenya’s neighbors. The intrastate neighboring states in East Africa with 2 Thomas Otieno Juma Understanding Kenya’s Electoral Management Architectural Context: Surviving Both The State and A Volatile Region Journal of Diplomacy and International Studies P-ISSN: 2656-3878 https://journal.uir.ac.id/index.php/jdis/index E-ISSN 2656-8713 weakness witnessed in this election in B. Methods Kenya confirms neo-liberalism's This is a study arising from field proposition of interdependency of which research. It is a series of some of the security is part. outcomes of an earlier Ph.D. research. The The existing patterns of conflict compilations herein comprise what diverse across the borders and within East African scholars posit on the subject which was Countries cannot be better described if not analyzed thematically and content-wise in within the confines of Regional Security the process of literature review. The Complex (RSC) to solicit new thinking of assertions were supported by data securitization not used before. In this gathered from the field which forms a region especially that has had external series of publications from the overall invasions from slavery, to colonialism study. which further dispersed African nations into different countries and further C. Result and Discussion splitting nations into multi-national states Kenya’s Electoral Management and Constitutional Foundations and seeking their harmony. Under Kenya’s constitution, The effects of Kenya’s 2007 contained in the Elections Regulations electoral management on Kenya’s 2012, the types of elections are; General neighbors is a significant step towards both election, Referenda, and By-Elections (the regional policies and state policies. This is latter results when an elective seat falls/or very important to immediate states; is presumed vacant in accordance with the Tanzania, Uganda, South Sudan, Ethiopia, constitution). Broadly again it means Somalia, and by extension to Rwanda and Presidential and Other elections (where Burundi. These effects range from other is in reference to elective positions economic to social which turn often to apart from Presidential). Electoral security/insecurity dynamics. Whereas the management in Kenya is a democratically effects differ from landlocked countries as mandated process and activity by the opposed to Countries accessible to the constitution. Right from the preamble, the Indian Ocean such as Somalia and Constitution of Kenya 2010 expresses itself Tanzania, the issue of traditional to the imperative of elections “we the membership to East African Community people of Kenya - … RECOGNISING the compounds more effects. In addition, the aspirations of all Kenyans for a government issue of economic dependency on Kenyan based on the essential values of human strong industrial base and hitherto hosting rights, equality, freedom, democracy, social and playing host to regional peace justice, and the rule of law”. For electoral initiatives to countries such as Sudan/ management to reach the verge of South Sudan and Somalia. This built insecurity as witnessed in the aftermaths of paradigms on stability issues emanating the 2007 election, the core issues in the from piracy and Al-Shabaab and its stated preamble were totally disregarded. likelihood spillover. 3 Thomas Otieno Juma Understanding Kenya’s Electoral Management Architectural Context: Surviving Both The State and A Volatile Region Journal of Diplomacy and International Studies P-ISSN: 2656-3878 https://journal.uir.ac.id/index.php/jdis/index E-ISSN 2656-8713 The body manning elections, the Kenya’s elections. Though the Political manner in which elections ought to be Parties Act (Act No. 11 of 2011) provides conducted, and the people to conduct the that every registered political party shall elections are all envisaged in this deposit their party Constitution, important supreme law. In chapter seven membership lists together with nomination “representation
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