Types of Parliamentary Elections in Kenya

Kenya has three types of parliamentary elections, each serving a distinct purpose in electing or recalling Members of Parliament (MPs):

✔ General Elections – Held every five years.
✔ By-Elections – Held to fill vacant parliamentary seats.
✔ Recall Elections – Used to remove underperforming MPs.

The Independent Electoral and Boundaries Commission (IEBC) oversees all parliamentary elections.

1️⃣ General Elections

📌 Definition:
✔ Regular parliamentary elections held every five years to elect:

• Members of the National Assembly (Constituency MPs).
• Senators (County Representatives in the Senate).
• County Women Representatives.

📌 Key Features:
✔ All parliamentary seats are contested on the same day.
✔ Registered voters can re-elect current MPs or vote for new candidates.
✔ The elections can occur earlier if:

• Parliament is dissolved (e.g., failure to pass laws under Article 261(7)).
• The President dissolves Parliament on the Chief Justice’s advice.

📌 Example:
✔ The 2022 General Elections were held on August 9, 2022, electing 349 National Assembly members and 67 Senators.

2️⃣ By-Elections

📌 Definition:
✔ A special election held to fill a vacant parliamentary seat before the next general election.

📌 Circumstances That Lead to a By-Election:
✔ Death of an MP or Senator.
✔ Resignation of an MP or Senator.
✔ Successful recall election of an MP or Senator.
✔ Bankruptcy or conviction of an MP or Senator.
✔ Court nullifies an election due to fraud or malpractice.

📌 Process:
✔ IEBC declares the seat vacant.
✔ IEBC schedules the by-election within 90 days.
✔ New candidates campaign, and voters elect a replacement.

📌 Example:
✔ In 2021, a by-election was held in Kiambaa Constituency after the death of MP Paul Koinange.

3️⃣ Recall Elections

📌 Definition:
✔ A petition-driven election where voters remove an MP or Senator due to poor performance or misconduct.

📌 Process:
✔ Voters petition IEBC to recall an MP/Senator.
✔ IEBC verifies the petition and organizes a recall election.
✔ Voters cast a simple ‘YES’ or ‘NO’ vote on whether to remove the MP/Senator.
✔ If the recall is successful, a by-election is held.

📌 Legal Basis:
✔ Article 104 of the Constitution gives voters the right to recall an MP.

📌 Grounds for Recall:
✔ Gross misconduct or corruption.
✔ Failure to perform duties.
✔ Violation of the Constitution.

📌 Example:
✔ In 2017, attempts were made to recall MPs over poor performance, but none reached the ballot.

Comparison of the Three Types of Elections

Conclusion

✔ General Elections are held every five years to elect MPs and Senators.
✔ By-Elections are held when a parliamentary seat falls vacant.
✔ Recall Elections allow voters to remove underperforming MPs.

📌 IEBC is responsible for ensuring free, fair, and credible parliamentary elections in Kenya.