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In 2010, like many African countries since the 1990s, Kenya passed a new constitution. This constitution aimed to get rid of many past issues including the definition of citizenship. Globally, two general principles govern the acquisition of citizenship, descent from a citizen (jus sanguinis), and the fact of birth within a state territory (jus soli). In contrast to the prior Constitution that required both descent from Kenyan parents and birth in Kenya, the 2010 Constitution adopted a rule of citizenship by descent alone (jus sanguinis) from either parent. However, today Kenya is faced with a conundrum first articulated by Aristotle: how do you understand and operationalize citizenship by descent in a new state, or in the case of Kenya, one that has only just turned fifty? The crux of this conundrum is determining the basis of the citizenship of parents who precede the polity and therefore what they can transfer to their children. Understanding that articulations of citizenship are also systems of exclusion, this paper asks who can and cannot be a Kenyan citizen and why? What are the unintended consequences of efforts to escape Aristotle's conundrum?

This study probed the views of Kenyans living in Pietermaritzburg, South Africa on the antagonism that existed between the African Union (AU) and the International Criminal Court (ICC) over the prosecution of President Uhuru Kenyatta and Deputy President, William Ruto, for their alleged role in the 2007/8 Post-Election Violence (PEV) in Kenya. Using semi-structured interviews from 30 (16 men and 14 women) Kenyans in Pietermaritzburg, the study argued that by centring their discontentment on the prosecution of Kenyatta and Ruto, the AU and ICC overlooked the importance of re-building national identity, social cohesion, deconstructing tribal disharmony, politics of reward, marginalisation and seclusion, among other structural injustices that were found to have played a crucial role in the 2007/8 post-election violence. The paper concluded that as long as struggles for political power continue to revolve around tribal identity, post-conflict peacebuilding remains an illusion and that the current political alignments, accusations and counteraccusations are raising prospect that the 2022 general elections would be marred by the Kenya's spectre of ethnic violence again. Keywords: Conflict transformation, Ethnic disharmony, Kenya, Peacebuilding, Tribal identity.

This study examines the effects of the Presidential system on the independence of Kenya’s legislature. The Constitution of Kenya 2010 overhauled the system of government, replacing the semi-presidential system with a presidential system. Assessment of legislative independence is guided by two indicators; turnover rate and Bills output (government-sponsored Bills and private member Bills). The findings show that despite overhauling the system of government, the independence of the Legislature remains suboptimal. The reconfigured incentive system has yet to optimise executive-legislature relations. Turnover rates remain high. Additionally, the share of government sponsored Bills remain disproportionately higher than the private member Bills. Findings from the analysis of the two indicators are corroborated by key informant interviews, with the majority of the respondents affirming the legislature’s suboptimal independence. The study recommends that the legislature should leverage the enhanced institutional structures proffered under the Presidential system to attain the desired level of independence.

This research paper investigates the structural context that contributed to the post-election violence in Kenya in 2007-08. While elections are fundamental to democratic governance and stability, periodic elections in Africa have often been marked by violence and political instability. This paper explores this fundamental paradox and the underlying conflict drivers such as horizontal inequality, a legacy of colonialism, and highly centralized ethnopolitics that contribute to electoral violence in Africa. The study employs the Structural Conflict Theory, which argues that conflict is built into the structure or organization of society, to analyze the complex web of factors that led to Kenya's post-election violence. Given that the paper applies the Structural Conflict Theory to analyze the complex web of factors that contributed to Kenya's post-election violence, the study relied on a qualitative research approach, such as case study analysis. The paper has drawn on various types of data, such as official reports, election data, news articles, and academic literature, to construct a comprehensive understanding of the structural context that contributed to the crisis. Specifically, the paper argues that the conflict that erupted in Kenya was caused by the former President Mwai Kibaki's controversial declaration as the winner of the presidential election held in December 2007. The election was marred by allegations of electoral rigging and manipulation, which served as a triggering factor. However, the paper suggests that the root cause of the crisis was the unaddressed underlying conflict drivers, including high levels of unemployment, horizontal inequality, structural cleavages, and highly centralized ethnopolitics. To support these arguments, the study examines the structural context that contributed to the violence and highlights the complex interplay of political, economic, and social factors that underpinned the crisis. In conclusion, the paper argues that addressing the underlying conflict drivers is crucial for preventing future electoral violence in Africa. This research highlights the importance of a comprehensive approach that considers the complex web of factors that contribute to electoral violence, rather than focusing solely on election irregularities. By understanding and addressing the root causes of electoral violence, policymakers can help ensure democratic governance, stability, and peace. The research paper has significant implications for scholars, policymakers, and practitioners interested in the causes and prevention of electoral violence and conflict in Africa. By applying the Structural Conflict Theory, the study moves beyond the surface-level analysis of election irregularities and delves into the underlying structural factors that create conditions of vulnerability to violence and conflict. The paper's findings suggest that addressing the root causes of conflict, such as unemployment, inequality, and ethnopolitics, is essential to prevent electoral violence and promote democratic governance in Africa. The research has potential impacts on policy and practice by providing insights into the design of conflict-sensitive electoral systems, the promotion of inclusive governance, and the mitigation of structural drivers of conflict. The study highlights the need for policymakers to adopt a comprehensive approach to address the complex web of factors that contribute to electoral violence and conflict in Africa. Furthermore, the research could inspire further studies that adopt similar theoretical frameworks and explore the structural drivers of conflict in other contexts.

Previously considered one of Africa’s few emerging democracies with a growing market-economy, Kenya was rocked by the most violent inter-ethnic killings in her history following the December 2007 general elections. Far from being old-fashioned “tribal conflict” that is said to afflict Africa, the violence was in the first instance a reaction by supporters of the opposition Orange Democratic Movement to the disputed presidential election results in which their candidate, Raila Odinga, was declared to have lost. The violence turned into calculated attacks targeting the country’s economically-dominant minority, the Kikuyu, to which the declared winner, Mwai Kibaki belongs. International mediation stopped the mayhem just as it was turning into a civil war. Kenyan could revitalize her democracy and economy by devising a new constitution and electoral system better suited to her ethnically pluralistic character.