Ballots without freedom: Legal reflections on electoral integrity in East Africa

1. Introduction

Democracy in East Africa is passing through a turbulent and regressive moment. By early 2026, the region reveals a stark paradox as elections continue as a routine feature of political life, yet the real power of democratic choice is steadily eroded by expanding executive control and the capture of key institutions. From the heavy-handed suppression of the opposition in Uganda’s January 2026 elections to the irregularities that defined Tanzania’s 2025 polls, the East African Community (EAC) is witnessing a transition from nascent liberal democracy to a more rigid competitive authoritarianism.1 As Kenya prepares for its 2027 General Election, the regional contagion of digital authoritarianism, militarized policing, and the weaponization of the law raises a fundamental legal question regarding the validity of the social contract. Can a ballot cast in an environment of state-sponsored fear and information darkness ever truly satisfy the constitutional threshold of a free, fair, and credible election? This article reflects on the legal erosion of electoral integrity in East Africa by examining the recent experiences of Uganda and Tanzania as a predictive framework for Kenya’s 2027 polls. It argues that the rule of law is increasingly being replaced by rule by law; where legal frameworks are not used to protect rights, but to provide a veneer of legitimacy for the consolidation of power.2 By analyzing the intersection of digital rights, judicial independence, and regional treaty obligations, this article seeks to highlight the urgent need for a shift in the EAC’s approach to democratic governance before the water reaches the necks of its citizens.

2. The Uganda 2026 experience:

Law as a tool of exclusion Uganda’s elections on 15th January 2026, served as a grim reminder of how the law can be weaponized to stifle dissent under the guise of maintaining public order. Despite the 1995 Constitution of Uganda guaranteeing the right to political read more...