It was suggested that the election, in spite of a certain disarray and incomplete results, reflected “the will” of Kenyan voters–and was subsequently upheld by Kenya’s Supreme Court (with preliminary observer statements from the Carter Center and EU as evidence offered by the IEBC in litigating against the challenges).
Likewise as Secretary of State Kerry addressed Kenya’s 2017 elections during his official visits in 2015 and 2016. The second quote above, “free and fair, peaceful and credible”, comes from Secretary Kerry in Kenya last year. The new terminology for the 2017 vote, “fair, orderly, credible and nonviolent”, comes now from former Secretary Kerry, wearing a new hat as co-leader of the independent International Election Observation Mission being conducted by the U.S. based NGO, The Carter Center. (See Daily Nation 14 July “Ex-Secretary of State insists on fair election“)
Over the years I have written and noted the potential distinctions involved in the decision of international observers to suggest that a particular election “reflected” or corresponded to a standard labeled “the will of the people” on one hand, and on the other to label an election “free and fair.”
An overview and “gateway” is my post “An insider’s explanation of the difference between a ‘free and fair’ election and a ‘will of the people’ election — Kriegler deputy’s memoir“. The issue is discussed in relation to the internationally supported South African election of 1994 discussed in the recent memoir referred, and on into 2007 and 2013 in Kenya, with Kreigler and IFES re-engaged in a different context.
See especially my post “Are free and fair elections passe in Kenya?“.
The most important point for Kenyans is that the 2010 Constitution adopts explicitly as law a “free and fair” standard. Peace, order and nonviolence are good and important societal goals. Many of us are skeptical that tolerating corruption or other substandard conduct in administration of elections is somehow a useful tool to serve peace, order or nonviolence (just as war, disorder and violence do not clean up the election process).