November 13, 2021

Summary

Mr Mwai argued that a “None of the above” option would allow voters the chance to express their dissatisfaction with the candidates offered to them as a choice

More by Martin Minns

‘None Of The Above’ – An Option For Voting In Kenya?

‘None Of The Above’ – An Option For Voting In Kenya?

Raila Odinga (76) tries again

“I don’t want to see another Kenyatta, Odinga, or Moi on the ballot paper” a young (late 20s) Kenyan colleague of mine told me. “Or Mudavadi, Musyoka or Wetangula” he added.

I asked the young man about voting for Ruto. He didn’t see that as a voting option either.

Well that’s just one young Kenyan’s view but “A plague on all their houses” is an attitude I’ve come across a lot recently, and of course it is an attitude not just to be found in Kenya.

For non-Kenyans let me just explain. Since independence in 1963 Kenya’s presidents have been Jomo Kenyatta, Daniel arap Moi, Mwai Kabki and Uhuru Kenyatta (son of Jomo).

Opposing the above (or sometimes in alliance with) have been Jaramogi Odinga and Raila Odinga (son of the former), and some hardy perennial candidates such as Musalia Mudavadi, Moses Wetangula and Kalonzo Musyoko. Possible candidates for the presidency in the elections due in August 2022 include, again, Raila Odinga (now aged 76) and Senator Gideon Moi (son of the late President Daniel arap Moi).

So voter fatigue among the Kenyan electorate is perhaps understandable.

None of the Above

In a recent opinion poll conducted by Radio Africa Group in the Central Region of Kenya, just over 80 percent of those questioned responded that they would like to see a new slate of candidates to vote for.

There will be no new slate of candidates by August 2022 but how about an option to vote for “None of the above”?

Sounds unlikely? Possibly so but the “None of the above” option has been offered to voters in other countries such as India, Greece, Ukraine, Spain and Bangladesh, along with the US Sate of Nevada. Why not in Kenya?

Mr Boniface Mwai Goes to Court

Now a Mr Boniface Mwai, a resident of Nakuru, has proposed just such an option be included on the ballot paper in Kenya, indeed he has taken his proposal to the High Court and named the Electoral Boundaries Commission (IEBC) as a respondent.

Mr Mwai argued through his lawyer that the new option would provide “360 degree options” for the Kenyan electorate and wants the court to compel the IEBC to introduce the option on ballot papers, starting with the General Election in 2022.

He argued that a “None of the above” option would allow voters the chance to express their dissatisfaction with the candidates offered to them as a choice and that far from being a protest vote it would be a “specific vote” to “officially reject all candidates who are running”.

“Urgent” and a “Priority”…

In his petition Mr Mwai said he wanted his case to be certified as urgent and considered on as a priority on the grounds that he is a concerned citizen.

Surprise, surprise, the High Court in Nakuru declined to certify the case as urgent and Justice Hillary Chemetei directed that a mention date be issued at the court registry, which is somewhere in the long grass…

Oh well, nice idea though, and maybe there are many more ‘concerned citizens’ who might like to support Boniface Mwai’s campaign: about 80 percent of the electorate if opinion polls and anecdotal evidence are to be believed.

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