Right to recall: assessing whether conducting a unified recall election would be a solution to the high cost of election in Kenya

Abstract

The right to recall is anchored in the Constitution of Kenya, 2010. Inasmuch as this provision has not been exercised by the electorate, it is bound to be used in the future. The right to Recall enables the electorate to impeach or rather oust their elected representatives from office prior to the expiry of their tenure. This tool enhances accountability on the part of the elected representative and enables the electorate to engage their representatives. Recall also ensures that democracy is upheld as the electorate is afforded the opportunity to kick start the recall process as they are the ones who are at the centre of this process. In Kenya, the recall election is held in a two-tier system where the recall vote— where the electorate is asked whether to recall their representative first— and where a majority vote yes, then a by-election will be held on a later date where the electorate will be afforded the opportunity to elect a replacement to fill in the void occasioned in the event the recall vote was successful. This study seeks to assess whether it would be possible for Kenya to conduct a unified recall election— the recall vote and the replacement vote— in one election rather than splitting the two votes so as to minimise the cost of conducting elections in Kenya. In doing so, this study will look into the legal framework that underpins the right to recall in Kenya, assess what makes the Kenyan election costly, and finally, compare how the State of California conducts its unified recall election. In its conclusion, this study finds that it might be challenging for Kenya to conduct the unified recall election as a solution to the high cost of conducting elections in Kenya. This study recommends that a system of volunteerism be adopted by the IEBC to help in conducting elections and educating the general public on electoral matters, the procurement of ballot papers be done within Kenya where printing firms in Kenya are awarded contracts to print the ballot papers and that an audit be done to the digital technologies used in election to determine their suitability to be used in between the 5-year period to conduct recall election or any other elections that may occur.