Electoral Justice System in East Africa: A Comparative Analysis of Kenya and Tanzania

Abstract

Electoral justice system forms a key element of democracy that gives voters and candidates a platform to participate in the electoral processes and seek redress in case of infringement of their electoral rights. In East African countries specifically, elections have been characterized by complaints, sometimes resulting in violence. This article comparatively analyses the electoral legal framework of Kenya and Tanzania. A desk review of primary and secondary sources was employed to collect information. The article highlights that the electoral legal framework of Tanzania has a legal gap that compromises the conduct of free and fair democratic elections as compared to Kenya. The study proposes the amendment of the provisions of the electoral law and some articles of the Constitution to allow for the challenge of presidential election results, and appeals on voter registration and nomination of candidates.