The Link Between Poverty and the Right to Free, and Fair Elections in Kenya

Abstract

This study examines the interplay between poverty and free, and fair elections in Kenya. It explores historical, the legal, and institutional framework for elections in Kenya and, a few selected election irregularities common in Kenya to demonstrate that there is a correlation between poverty prevalence and the various election challenges inhibiting free, and fair elections. Although Kenya has held several elections even before independence with the institutional framework and the right to participate in free and fair elections expressly anchored in the law, nevertheless, the realization of the same has remained a mirage because of poverty. Poverty makes elections in Kenya costly for both the government and the electorates, attracts voter bribery, elections violence, costly electoral justice and, voters’ apathy amongst other ways that adversely affect the election process and the results thereof. The study argues further that poverty is largely perpetuated by political reasons in Kenya through deprivation of economic rights such as the hegemonic system created by the British administration and inherited by the post-colonial political elites, corruption which deters economic growth, unequal distribution of public resources, and power abuse by the government. Free and Fair election breads good governance and deters the election of bad leaders, holds bad leaders accountable through de-election, and enables citizens’ participation in decision making vital for economic development. The study relies on the Marxist theory of political economy to demonstrate the interplay between politics and the domination of the poor by the rich in politics, the elite theory, and the rational choice theory to demonstrate how poverty is applied to predict the voters’ behavior and actions at any particular time and the utilitarian theory to extrapolate the importance of addressing poverty challenge in Kenya. Using the doctrinal research methodology, the study exposes the historical antecedents of poverty challenges to free, and fair elections and the ineptness of the legal and institutional framework for the realization of free, and fair elections in Kenya. The study concludes that there is a link between Poverty challenges and free, and fair elections in Kenya in that, it limits the citizen’s participation in an election either as electorates or aspirants. That the free will of the voters and fairness of the process get negated by poverty and the current legal framework is not a panacea for the same. The study makes recommendations for the eradication of poverty, economic and legal reforms for the realization of free, and fair elections.