HOW KENYA ELECTION WAS HELD FROM 1963 -1992

1.1 The Little General Elections, 1966

These elections, as we have seen, were not general elections. They were necessitated by the formation of the opposition KPU, and the passage of a rushed constitutional amendment which stated that any MP who cross­ed to another party after elections automatically lost his/her seat and a by-election was thus mandatoiy. In 1964 when members of KADU and the Akamba Peoples Party (APP) had voluntarily crossed into the ruling par­ty KANU, no by-elections were thought necessary. In 1966, however, it was argued by KANU that MPs elected through the KANU ticket had to renew their mandate with the electorate after joining a different party.

In the 1966 elections, KPU candidates were subjected to considerable official harassment. They were not, on the whole, granted licences for cam­paign rallies. Their passports were impounded. The Registrar of Societies denied KPU registration until nomination day. The Voice of Kenya im­posed a news blackout on KPU. Despite the extensive harassment, KPU garnered more votes than KANU in the contested seats, although KANU won the majority of contested seats.

The 1966 elections revealed that the government of the day could manipulate constitutional and electoral law in order to secure its advan­tage in an electoral contest. Partisan change of law was therefore developed as a campaign strategy in electoral contest. Also from the electoral results, it was clear that the delimitation of the constituencies by the Electoral Commission left a lot to be desired.

The population criterion was not emphasized in the delimitation of constituencies so that extraordinarily uneven populations were to be found in different constituencies. Finally, the trend of harassing an opposition party so as to ensure that it could not concentrate properly on the elec­toral contest started to take root in the 1966 elections. According to the manner in which the opposition was treated, it was clear that KANU had chosen not to fight competitive elections in a fair manner.

1.2  The 1969 General Elections

These elections had been delayed. The first general elections should have been held in 1968. By law, the life of parliament had been extended. In 1966 bicameralism was transformed into unicameralism. In the 1968 local government elections, all KPU candidates were disqualified on the grounds that their nomination papers were filled incorrectly.

Prior to the 1969 elections, the KPU was proscribed and most of its leaders detained.

Since the country was now a de facto one party state, KANU party's selection of candidates was crucial in determining who could stand for elec­tions. According to the party's nomination rules, persons wishing to con­test elections under KANU had to have been party members for at least 6 months before nomination. KANU's National Executive Committee was responsible for the approval of candidates recommended by KANU district branches. Only two KPU members, Grace Onyango and Bildad Kaggia, were readmitted to KANU.

In the elections, Jomo Kenyatta and 9 other MPs were elected unop­posed. 77 out of 158 of the former MPs were rejected by the voters.

The 1969 elections set a firm precedent regarding the exclusion of former KPU politicians from the electoral process. From 1969 henceforth, KANU argued that these Kenyans had not sufficiently "changed their hearts" to embrace the policies of KANU and as a result their candidature should not be supported by KANU.

1.3  1974 General Elections

These were to be the last general elections during Jomo Kenyatta's presiden­cy. Kenyatta and four others were elected unopposed to parliament. Just as in 1969, there was no contest in the presidential election.

The age of majority and voting age had been lowered from 21 to 18 years. Many young eligible voters did not vote in the elections because they did not have national identity cards.

To become a candidate in the elections, an aspirant had to be a life member of KANU and had to fill in a form of compliance with party rules. Former KPU members had to prove that they fully identified with KANU.

The provincial administration played a significant role in the elections. District commissioners favored sitting MPs as opposed to new comers, especially in the granting of licences for campaign meetings.

During these elections, as many candidates as were approved or "cleared" by KANU could stand in the elections. Although this gave wide choice to the electorate, many MPs were elected without an overall ma­jority in constituencies where the number of contestants was very high. Another important feature of these elections was the record number of election petitions witnessed. A long confidant of Jomo Kenyatta, Paul Ngei, MP for Kangundo, had his election annulled by the High Court on grounds of his intimidating another candidate. By virtue of that decision, Paul Ngei was guilty of an electoral offence and could not by law become a candidate in the subsequent by-election.

However, a constitutional amendment was passed which enabled Kenyatta to pardon Ngei as a result of which Ngei stood and won in the subsequent by-election. Once more, the election was manipulated to aid an individual who should not have participated in the electoral process.

1.4  1979 General Elections

These were the first general elections under President Daniel T. Arap Moi.

Prior to the elections, election law was amended to increase election expenses to K Shs. 40,000. A deposit of K Shs. 50,000 was required as an election petition deposit.

During the preliminary KANU nominations, all the ex-KPU members were barred. Oginga Odinga was barred on the pretext that he had ac­quired his KANU life membership in Nyeri and not his home area. In the elections, the majority of politicians returned had been elected during Kenyatta's era. Regarding the 1979 elections, observers have commented that President Moi was unable to get his men to parliament.

1.5  1983 General Elections

These elections, which were held in advance of the usual five-year out­side limit, were the first general elections under a de jure one party state. They were held after the country had faced a major crisis in the form of a bloody attempted coup d'etat.

In May 1982 Oginga Odinga and George Anyona had announced the formation of the Kenya African Socialist Alliance (KASA). They were expelled from KANU and Anyona was detained without trial.

In August, 1982, an attempted coup d'etat led by non-commissioned members of the Kenya Air Force was suppressed. Prior to the elections, President Moi "revealed" that there existed a traitor in his cabinet who, together with other senior citizens, was plotting to overthrow him, possibly with support of some foreign governments. Eventually, Charles Mugane Njonjo, a former powerful Attorney-General and close friend to Kenyatta and Moi, was mentioned as the "traitor". The political system, especially the KANU sub-system, was mobilized to flush Njonjo and his perceived collaborators out.

Before the elections, KANU conducted an impressive recruitment drive which enlisted about 22.12% of those over 18 years. In the ensuing elec­tions, those aspirants deemed to be close to Njonjo were ousted. Presi­dent Moi had shed off Njonjo who had been thought to have been respon­sible for securing Moi's succession in 1978. Now parliament had a ma­jority of MPs who owed allegiance to Moi.

1.6 1988 General Elections

These were Kenya's most controversial elections thus far. They were styled the "queue-voting elections" which were aimed at replacing the secret ballot with open balloting at the party nomination stage. During preliminary nominations by KANU, as many contestants as had been approved or "cleared" by KANU would vie for elections. Voters had to stand or queue behind the candidate of their choice or an agent, representing such can­didate, who hoisted the candidate's picture behind him. At the end of the exercise, the number of voters who had queued for a candidate in all poll­ing stations would be collated. Only candidates who polled 30% or more of the total votes cast would go forward to the second-tier secret ballot voting. A candidate gaining 70% of the total votes would be declared elected unopposed.

Registration of voters took place in 1987. 6,091,798 voters were registered, or 82.9% of the potential electorate. Parliament, upon the recom­mendation of the Electoral Commission, increased the number of consti­tuencies from 158 to 188.

At the KANU nomination stage, approximately 2 million KANU members voted. In about 60 out of the 188 parliamentary constituencies, candidates were declared elected unopposed under the 70% rule. This disen­franchised voters who were non-KANU members in those constituencies.

The queue-voting system was opposed by many Kenyans and con­cerned bodies such as the National Council of Churches of Kenya (NCCK), the Law Society of Kenya (LSK), etc. It was pointed out that if electoral officers miscounted the voters, there could be no fresh opportunity to re­count since the queues dispersed after elections.

Perhaps more importantly, open voting contradicted, fundamentally, the critical principle of secret voting, considered fundamental in democratic elections

Many election petitions arose as a consequence of the 1988 elections. The High Court in several cases refused to intervene, arguing that it had no jurisdiction to question the KANU nomination exercise which it perceiv­ed as a matter touching on KANU's internal affairs. The election peti­tions were concluded two months before the dissolution of the Sixth Parlia­ment. In the case of the Malava constituency, the High Court reversed the election of the 'MP' two months before parliament's dissolution.

The constituents in Malava had been represented for almost 5 years by a non-elected individual due to, inter alia, a faulty election petition system.

The aim of this chapter has been to cast Kenya's general elections ^within a historical context which will enable us to properly evaluate the 1992 general elections. It could be concluded that the pre-independence 1961 and 1963 elections which sought to bring about black majority rule, or one person, one vote, were fairly competitive. The initial elections during independence e.g. 1969, 1974, 1979 were state controlled semi-competitive elections. In 1983 and especially in 1988, within the context of a de jure one party state, the elections were transformed to state controlled non­competitive elections. Obviously then, it was hoped that the 1992 multi­party elections would reverse the trend or complete the circle and take Kenya back to competitive elections.