ABSTRACT

This chapter provides evidence on how variation in judicial independence influenced post-election violence in Kenya under three different regimes. The challenger operating under a dependent judiciary during Moi’s regime was less likely to strategically employ post-election violence to create conditions of electoral uncertainty in order to influence assertive judicial behavior. Both Moi’s and Uhuru Kenyatta’s regimes were characterized by low post-election violence by the challenger in the post-election period when the judiciary was dependent and independent from the executive respectively. Challenger-induced violence was prevalent under a semi-independent judiciary during Kibaki’s regime with the purpose of influencing assertive judicial behavior from career-minded judges who view the incumbent as weak and likely to be replaced.