The Six Types of Elections in Kenya

The Independent Electoral and Boundaries Commission (IEBC) is the constitutional body responsible for conducting and managing all elections in Kenya. Kenya’s electoral system is governed by Article 81 of the Constitution, which establishes principles for free, fair, and credible elections.

According to the Universal Declaration of Human Rights (1948), elections must be conducted through universal and equal suffrage to uphold democracy and governance.

Types of Elections in Kenya

There are six main types of elections in Kenya:

1. General Elections
2. By-Elections
3. Referenda
4. Recall Elections
5. Runoff Elections
6. Primary Elections

1. General Elections

General elections are the most significant type of elections in Kenya. They occur every five years and involve voting for six different positions on the same day:

• President (and Deputy President) – elected as a pair.
• Members of Parliament – including:
  • Senators
  • Members of the National Assembly
  • Women Representatives
• County Officials – including:
  • Governors (and Deputy Governors)
  • Members of County Assemblies (MCAs)

A general election can also be triggered before the five-year term ends if Parliament is dissolved under Article 261(7) of the Constitution. This occurs when the Chief Justice advises the President to dissolve Parliament due to failure to enact required laws.

2. By-Elections

By-elections, also known as special elections, occur between general elections when an elected seat becomes vacant. They affect:

• Members of Parliament (Senate, National Assembly, and Women Representatives).
• Ward Representatives (MCAs).

Reasons for a By-Election:

A by-election is held when an elected official:

• Dies.
• Resigns in writing to the Speaker.
• Misses eight consecutive sittings of the Assembly without permission.
• Is removed from office under Chapter 6 of the Constitution (Leadership and Integrity).
• Leaves their political party (for party members).
• Joins a political party (for independent candidates).
• Loses their seat through an election petition.
• Is declared to be of unsound mind.
• Becomes bankrupt.
• Is recalled by voters.
• Is convicted and sentenced to more than six months in prison.

3. Referenda

A referendum is a form of direct democracy where citizens vote on specific national issues rather than electing representatives.

Key Features of a Referendum:

• Citizens accept or reject an issue by voting “Yes” or “No”.
• It is commonly used to decide on constitutional amendments.

Issues Requiring a Referendum in Kenya:

(As per Articles 255, 256, and 257 of the Constitution)

• Presidential term limits.
• National values and principles (Article 10).
• The Bill of Rights (Chapter 4).
• Devolved government structure.

4. Recall Elections

A recall election is a special election held when voters seek to remove an elected representative before the end of their term.

Positions That Can Be Recalled:

• Members of the National Assembly.
• Women Representatives.
• Senators.
• Members of County Assemblies (MCAs).

Process of a Recall Election:

1. Voters submit a petition to the IEBC to recall the elected leader.
2. The IEBC drafts a “Yes” or “No” question for the recall vote.
3. Voters cast ballots in a secret ballot election.
4. If a majority votes to recall, the IEBC organizes a by-election in the affected electoral unit.
5. The recalled leader can still contest in the by-election.

5. Runoff Elections

A runoff election occurs only in the presidential election when no candidate meets the constitutional requirements to be declared the winner.

Conditions for a Runoff Election:

A second-round election is required if no candidate:

• Secures 50% + 1 of the total valid votes cast.
• Gets at least 25% of the valid votes in at least half of the counties.

How a Runoff Election Works:

• Only the top two candidates from the first round proceed to the second round.
• The candidate with the most votes in the second round wins the presidency.

6. Primary Elections

Also known as party primaries, these elections are held within political parties to select candidates who will represent the party in general elections.

Features of Primary Elections:

• Only registered party members can vote in their party’s primaries.
• Conducted before a general election.
• The candidate who receives the highest number of votes is declared the party’s nominee.
• If only one aspirant applies for nomination, no party primary is conducted.

Submission of Nominees to the IEBC:

• Once the primary elections are concluded, party officials must submit the list of nominees to the IEBC.
• No alterations can be made to the list after submission.

Conclusion

Kenya’s electoral system ensures that elections are conducted fairly, transparently, and democratically. The six types of elections serve different purposes, from choosing leaders to enabling direct democracy and holding elected officials accountable. The IEBC plays a crucial role in managing these elections, ensuring that democratic principles are upheld across the country.