Recently, questions have emerged concerning the professionalism and impartiality of election observers. In Kenya, concerns arose after the August 2017 elections when the Supreme Court of Kenya nullified Uhuru Kenyatta's victory, despite observers suggesting that the elections were credible. Proceeding from this foundation, this paper examines the conduct of election observers in the elections and the claim that their behaviour was equivalent to being impartial. The data that informed the study was collected through interviews and analysis of previous research. The findings of this research demonstrate that election observation cannot be detached from the social, political and security context in which it takes place and the methodologies used by observers also influence their findings. Importantly, the technological expertise of observer missions is becoming increasingly important as states turn to more sophisticated electoral technology. In addition, the study reveals that elections have become a polarising factor in Kenya due to the rise of ethnic politics and prevalence of dysfunctional institutions. The bitter power struggles that unfold during elections have tended to implicate international observers as each political contender expects observers to support their position. We conclude that allegations of impartiality levelled against the observers are intended to serve the political goals of those who raise them. Our findings suggest three circumstances under which observers may be accused of bias. The first is when politicians feel that the odds are stacked against their chances of clinching victory in elections. Secondly, accusations of bias may be advanced as a campaign tool to whip up public sympathy or consolidate support. Thirdly, claims of bias may be used by the opposition to justify post-election protests intended to force a repeat poll or extract a political deal to cater for its interests.
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