Legal aspects

The allegations of political malpractice surrounding the 2022 Kenyan general elections are complex and multifaceted. While I cannot definitively determine whether such malpractice occurred without a thorough investigation, I can discuss the four elements of political malpractice and analyze whether the events surrounding the elections align with these criteria. The four elements of political malpractice are:

1. Intentional wrongdoing: This refers to a deliberate act or omission that violates electoral laws or ethical standards.
2. Violation of electoral laws or regulations: This includes any act that undermines the integrity of the electoral process, such as voter suppression, vote tampering, or bribery.
3. Damage to the electoral process: This refers to the negative impact of the malpractice on the outcome of the election or the public's confidence in the electoral process.
4. Causation: There must be a clear causal link between the intentional wrongdoing and the damage to the electoral process.

While there were numerous allegations of irregularities and misconduct during the 2022 Kenyan elections, it is important to note that these allegations have not been definitively proven. However, some of the events that have been cited as evidence of potential political malpractice include:

• Disagreements over the electoral commission's conduct: There were disagreements among the commissioners of the Independent Electoral and Boundaries Commission (IEBC) regarding the conduct of the election, particularly the transmission of results.
• Allegations of voter suppression: There were claims that certain groups of voters were targeted for intimidation or disenfranchisement.
• Legal challenges: The presidential election results were challenged in the Supreme Court, with the petitioner alleging irregularities in the transmission and tallying of votes.

While these events raise concerns about the integrity of the electoral process, it is important to note that the Supreme Court upheld the election results, finding that the IEBC had conducted the election fairly and credibly. However, the allegations of political malpractice continue to be debated, and further investigations may be necessary to determine the full extent of any wrongdoing. In conclusion, the 2022 Kenyan general elections were marred by allegations of political malpractice. While the Supreme Court ultimately upheld the election results, the events surrounding the elections raise important questions about the integrity of the electoral process in Kenya. Further investigations and reforms may be necessary to ensure free, fair, and credible elections in future.  

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