STAKEHOLDERS' PERCEPTION ON THE DEMOCRATIC IMPLICATIONS OF ELECTORAL OFFENSES

CHAPTER ONE

INTRODUCTION

1.1 Background of the Study

Elections play a crucial role in the political sphere, yet unfortunately, they are frequently tainted by incidents of crimes and offenses. They constitute the only legitimate means by which individuals can secure positions of political power or leadership, making them essential for promoting reliable governance in a democratic framework. During the electoral process, the public grants legitimacy to their selected leaders, effectively articulating their collective will and sovereignty (D'Angelo, P, 2019).

However, election cycles also represent vital moments for citizens to evaluate the performance of the current political party in power and set their expectations for future administrations.Additionally, democracy's distinct attributes encompass the practice of elections, which provide the government with political legitimacy and enable peaceful transitions in governance. In a pluralistic nation like Kenya, elections are unfortunately prone to hostilities and violence. The act of electing someone to a political office or being elected as an officer in a state system is both a human and political right. According to Covey (2019), elections are often seen as the "silver bullet solution" to civil offenses, frequently signifying the conclusion of a regime's peaceful transition from one period to the next. However, according to Brown (2018), it's important to note that elections alone are often insufficient and cannot be seen as the exclusive catalyst for the transition to democracy.

In Kenya the role of stakeholders in electoral offenses may be demonstrated by the number of electoral offenses that may be or can only be committed by or in collusion with political parties and their prevalence or absence during elections.

Election offenses, as outlined in the Elections Act 2011, a legal framework established by the Independent Electoral and Boundaries Commission (IEBC) in Kenya, encompassed several violations. These infractions included acts of undue influence, defined as voluntary interference or attempts to interfere with a voter's free exercise of their electoral right to vote during a General Election or By-election.

Additionally, bribery, which involved the giving, promising, or offering of money or any other valuable inducement to a voter by stakeholders to corruptly influence their voting behavior or encourage them to abstain from voting, was considered an offense. Other election-related offenses involved the use of force or violence, transgressions connected to the voting process, and the practice of treating, either directly or indirectly providing incentives to voters.

Furthermore, various elements that contribute to electoral offenses encompass ethnic hostilities, tribalism, and clan-based biases, economic hardships, joblessness among the younger population, low levels of education among the electorate, the promotion of division and the use of offensive and derogatory language by political figures, political corruption, and the misuse of drugs.

Similarly, election offenses are increasingly becoming a prevalent aspect of electoral processes worldwide (Fund, 2019). These issues give rise to a multitude of socio-economic and political challenges, emphasizing the need for well-structured and organized approaches. This importance stems from the pivotal role that elections play, if not a central one, in a country's development. This recognition is based on the acknowledgment of the significance of effective political leadership, particularly, and legitimate governance in general, in the comprehensive progress of a nation (Kühne, 2020).

Stakeholders play a pivotal role in upholding democracy through political party engagement. As the exclusive entities authorized to endorse candidates for elective positions in Kenya, they bear the responsibility of utilizing their lawful authority to advance and safeguard the rule of law, particularly by adhering to electoral regulations. Ensuring compliance with the rule of law, especially throughout electoral campaigns and elections, stands as a fundamental duty of political parties. Failure to uphold the rule of law during these processes can compromise the legitimacy of the outcomes with elements of illegality. Therefore, a survey will be conducted on stakeholders perception on the democratic implications of electoral offenses.

1.2 Statement of the Problem

Elections in Kenya are tarnished by various crimes and offenses, stemming from social, economic, and political factors. These transgressions have severe adverse consequences for Kenyan society. Despite the challenges, democracy relies on elections for the peaceful transfer of power. Technology can facilitate communication between the public and politicians, enabling the expression of opinions. However, offenses tend to concentrate around election periods, particularly during instances of electoral fraud aimed at manipulating results.

Election-related offenses encompass a range of actions, including harassment of candidates and voters, physical assaults, intimidation, rioting, property damage, and even political assassinations (Höglund, 2019). Such offenses can create voter reluctance and deter potential candidates from participating. Furthermore, they pose a substantial threat to democracy by eroding trust, limiting political engagement, and disrupting government and economic functioning. The frequency of electoral offenses can also weaken democratic institutions, hindering politicians in fulfilling their roles, such as upholding the rule of law, protecting human rights, and maintaining checks and balances.

The global breakdown of electoral systems is, in part, attributed to the impact of election-related crimes throughout the entire election cycle, from voter registration to post-results events in both General Elections and By-elections for political positions (IFES, 2017). It is in the light of these that the study seeks to examine stakeholders perception on the democratic implications of electoral offenses.

1.3 Objectives of the Study

The main purpose of this study is on stakeholders perception on the democratic implications of electoral offenses in Kenya. Specifically, the study will;

1. Assess stakeholders opinion on the prevalence of electoral offenses.

2. Assess stakeholders perception on the nature and democratic implications of electoral offenses in Kenya.

3. Determine the consequences of electoral offenses on democratic process in Kenya.

1.4 Research Questions

The following questions have been prepared for the study:

1. What is the opinion stakeholders regarding the prevalence of electoral offenses in Kenya?

2. How do stakeholders perceive the nature of electoral offenses and their democratic implications in Kenya?

3. What are the consequences of electoral offenses on the democratic process in Kenya?

1.5 Significant of the Study

Stakeholders perception on the democratic implications of electoral offenses in Kenya will be revealed to the government at various levels, policymaker, politicians, strategists, the electorate, election managers, stakeholders and residents in this study. It will additionally contribute to boosting voters confidence. When voters have faith in the integrity of the electoral process, they are more likely to participate, leading to a stronger democracy. Also, it will help stakeholders with developing and putting into action efficient strategies to prevent electoral offenses, thereby guaranteeing a more transparent and legitimate electoral process.

Further more, the study will help political parties and politicians in Kenya maintain a positive image on the global stage by demonstrating its commitment to fair and transparent elections.. Additionally, subsequent researchers will use it as a literature review. This means that other students who may decide to conduct studies in this area will have the opportunity to use this study as available literature that can be subjected to critical review. Invariably, the result of the study contributes immensely to the body of academic knowledge with regard to stakeholders perception on the democratic implications of electoral offenses.

1.6 Scope of the study

The scope of this study is boarded on stakeholders perception on the democratic implications of electoral offenses in Kenya. Theoretically, this study will assess stakeholders opinion on the prevalence of electoral offenses, assess stakeholders perception on the nature and democratic implications of electoral offenses in Kenya and determine the consequences of electoral offenses on democratic process in Kenya.

Geographically, the study will be delimited to people in Muranga, Kenya

1.7 Limitation of the study

In the course of carrying out this study, the researcher experienced some constraints, which included time constraints, financial constraints, language barriers, and the attitude of the respondents. In addition, there was the element of researcher bias. Here, the researcher possessed some biases that may have been reflected in the way the data was collected, the type of people interviewed or sampled, and how the data gathered was interpreted thereafter. The potential for all this to influence the findings and conclusions could not be downplayed.

More so, the findings of this study are limited to the sample population in the study area, hence they may not be suitable for use in comparison to other schools, local governments, states, and other countries in the world.

1.8 Definition of Terms

Electoral offenses: are activities motivated by an attempt to affect the results of the elections – either by manipulating the electoral procedures and participation or by contesting the legitimacy of the results”.

Democracy: a system of government in which laws, policies, leadership, and major undertakings of a state or other polity are directly or indirectly decided by the “people.