Michele Michaud
Editor’s note : In this article, Maroa Robert Rioba, an advocate of the High Court of Kenya, compares Kenyan election laws and those of the neighbouring country, Tanzania. In the wake of the recent controversial election, Rioba argues that, while the Tanzanian Constitution recognises multiparty democracy, a provision that bars the courts from questioning results announced by the National Electoral Commission (NEC) has profound consequences. He lists some of the things the country can learn from the Kenyan election laws to strengthen its democracy.
Elections are the mirror through which a nation sees its democratic soul. When the mirror is clean, the reflection is clear — the people vote, the vote speaks, and power obeys.
Advocate Robert Rioba of the High Court of Kenya (left) says there is much Tanzania can learn from Kenyan election laws. Photos: Maroa Rioba, Samia Suluhu.
Source: Twitter But when the mirror is smudged, cracked, or tilted, the reflection becomes distorted. When the reflection is distorted, trust begins to slip away.
In recent times, Tanzania finds itself walking through this fog, where elections are held but citizens are left asking whether their voices truly shape their future.
Meanwhile, Kenya — though not perfect — has built legal guardrails that allow the people’s will to be tested, proven, and defended in broad daylight. This is not merely a difference in law; it is a difference in democratic philosophy.
Can Tanzanian presidential election results be challenged in court? Tanzania’s Constitution recognises multiparty democracy and establishes the National Electoral Commission (NEC). Yet, beneath these democratic features lies a structural provision that has profound consequences: once the NEC declares the winner of a presidential election, the courts cannot question that result.
This creates a reality where victory may be declared, but not verified. Power may hear, but is not required to listen. A democracy without accountability is like a drum beaten only on one side — the sound will never be whole.
Across the border, Kenya chose a different path. The 2010 Constitution did not assume good faith; it built systems to ensure fairness, even when politics is contested.
In Kenya, the presidential results can be challenged at the Supreme Court — and this has happened in living memory. The 2017 annulment of a presidential election remains one of the strongest affirmations that no office is above the Constitution.
In Kenya, presidential results can be challenged at the Supreme Court. Photo: Kenyan Judiciary.
Source: Facebook To strengthen its democracy, Tanzania must consider allowing presidential election petitions, reforming electoral commission appointments, ensuring transparent tallying, and protecting political participation for all parties.
A nation grows stronger not when it avoids scrutiny, but when it welcomes it — for the truth does not fear the light.
The author is Maroa Robert Rioba, an advocate of the High Court of Kenya.
Views expressed in this article are those of the author and do not necessarily reflect the position of TUKO . co . ke .
Source: TUKO.co.ke
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