THE CONSTITUTION AND ELECTORAL PROCESSES IN KENYA: AN ELUSIVE QUEST FOR DEMOCRATIC GOVERNANCE, THE RULE OF LAW AND CONSTITUTIONALISM

Democratic governance in Kenya is anchored on the twin constitutional principles of sovereignty of the people and the rule of law. Kenya’s Constitution reflects the long journey travelled on the quest for good governance in the electoral cycle process and the need for informed citizen action, for an effective electoral process a credible election management body, and viablepolitical parties. As Kenya approached the General elections in 2022, an audit of the electoral infrastructure, laws, political parties, and the voter, revealed a cocktail of mixed recipes, an uncertain electoral process, unpredictable political party processes and a plethora of hits and misses by elections management body. This article is borne out of a review of literature and statute laws, qualitative descriptive research, case law. In particular, attention is given to the settlement of disputesin tribunals and the Judiciary.The research methodology was augmented by the qualitative data from key informant persons drawn from the electoral management body, political parties, members of political parties and political party candidates in the forthcoming General elections. The research highlights the challenges in Kenya's democratic governance, noting uncertainties in rule of law and electoral processes. This is due to gaps in appreciation and understanding of the intentions of the framers of the 2010 constitution, architects of new legislation, and the role of the Independent Election and Boundaries Commission (IEBC). The study advocates for legislative reforms to strengthen the electoral system democratic governance, rule of law, and constitutionalism in the Kenyan electoral system.