INSTITUTION: KISII UNIVERSITY

UNIT: ELECTION LAW.

TASK: GROUP WORK.

CONVENER: MD GRACE TANAH.

GROUP ONE MEMBERS

1. SELESTINE JANIRA. LA11/00021/18

2. ANNBELL WACUKA. LA11/00035/18

3. ORINA ABSOLOM. LAP11/00005/18

DEFINITION OF ELECTIONS AND THE RIGHT TO VOTE UNDER INTERNATIONAL LAW

An election is an elaborate process that begins with registration of voters, nomination of

candidates to the actual electoral offices, voting or counting and tallying of votes and finally
declaration of the winner by Gazettement. In determining the question of the validity of the
election of a candidate, the court is bound to examine the entire process up to the declaration of
results….The concept of free and fair elections is expressed not only on the voting day but
throughout the election process….1. This decision was cited with approval by the Supreme Court
in In the matter of the Gender Representation in the National Assembly and Senate.

Election also refers to the formal and organized choice by vote of a person (s) for a political
office (s) during General Elections and By-elections. It also referred to the process of choosing
by vote of a person (s) for a political office (s) during General Elections and/or By-elections.2

The international standard provides for rights of voting and participating in governance
Article 2 of the UDHR3 states that;
1) Everyone has a right to take part in government of his country, directly or through
Chosen representative.4

2) The will of the people shall be the basis of the authority of government; this shall be expressed
by periodic and genuine elections which shall be by universal and equal suffrage and shall be
held by secret ballot votes or equivalent free voting procedures.

The ICCPR5 is more descriptive and states as follows at Article 25;

'Every citizen shall have the right and opportunity without any of the distinctions mentioned in
article 2 (this is the principle of not discriminating on basis of sex race, religion and political
affiliation) and without unreasonable restrictions to;
a) To take part in the conduct of public affairs, directly or through freely chosen

1
Karanja Kabage v. Joseph Kiuna Kariambegu Nganga & 2 Others
2
National Crime Research Centre, Election Crimes and Offences in Kenya, (2016) pp.x
3
United Nations Declaration on Human Rights, 1948
4
See article 13 of African Charter on Human and People’s Rights
5
International Covenant on Civil and Political Rights, 1976
representatives.
b) To vote and be elected at genuine periodic elections which shall be universal and
equal suffrage and shall be held by secret ballot guaranteeing the expression of the will
Of the electors.

The African Union Declaration on the Principle of Governing Democratic Elections in Africa
provides for the principles of Democratic elections, responsibilities of member states and the
rights and obligations of citizens.6

Protection of women on the enjoyment of the right to vote.

The Convention On the Elimination of All Forms of Discrimination Against Women prohibits any
form of discrimination of women on the right to vote. 7

The General Recommendations Adopted by the Committee on the Elimination of Discrimination

Against Women on political and public life bestows obligation upon states to put in place
appropriate measures to eliminate discrimination against women in the political life of the
country and in particular, states shall ensure both men and women have equal terms on the
right to vote in all elections and be eligible for election

to all publicly elected bodies.8 The right to vote therefore must be enjoyed in dejure and
defacto.

Protection of the right to vote to persons living with disabilities.

While protecting the right to vote to the persons living with disabilities, The Convention On The
Rights of Persons Living With Disabilities provides obligations for state parties to ensure; 9

a. That the voting procedure, facilities and materials are appropriate, accessible and easy to
understand and use.

b. Protecting rights of persons living with disabilities to vote by secret ballot in elections and
public referendum without intimidation and stand for election.

6
Part II, III and IV respectively of the Declaration.
7
Convention on the elimination of all forms of discrimination against women article 23
8
Sixteenth session 1997, the general recommendation no 23.
9
Article 29 of the convention on the rights of persons living with disabilities.
c. Guarantee the free expression of the will of persons with disabilities as electors

d. To promote actively an environment in which persons with disabilities can effectively and
fully participate in the conduct of public affairs without discrimination.

International obligations on the right to vote.

International obligations on the right to vote are provided for by The International Covenant On
Civil And Political Rights.10 Further the obligations have been emphasized by The Convention
On The Rights of Persons Living With Disabilities as well as The Convention On The
Elimination Of All Forms Of Discrimination Against Women. These obligations include:

a. Right and opportunity to participate in public affairs.

b. Right and opportunity to vote.

c. Right and opportunity to be elected.

d. Periodic elections.

e. Universal suffrage.

f. Secret ballot.

g. Equality between men and women.

h. Freedom of movement.

Conclusion.

An election is therefore a process in which people exercise there right to vote. The right to vote
must be enjoyed by all legally eligible citizens. No discrimination is permitted to anyone from
enjoying this right.

10
Article 25 of the ICCPR.