Kenya's By-Election Blues: A Democratic Crisis

The recent 2025 by-elections in Kenya, held on November 27, 2025, have sparked a fervent debate about the health of the nation's electoral and democratic principles. While the immediate focus is on the outcomes of these specific contests, a deeper analysis reveals a concerning trend of erosion that predates these elections and has been exacerbated by recent events. It's in order that we delve into the multifaceted aspects of this erosion, examining issues ranging from electoral integrity and campaign finance to freedom of expression and the role of state institutions, all viewed through the lens of the 2025 by-elections.

The 2025 by-elections, though localized, served as a critical barometer for the broader democratic landscape in Kenya. Live scenes and reports from various observer missions and civil society organizations have highlighted several areas of concern. One of the most prominent issues has been the persistent problem of voter apathy and low turnout, which some analysts attribute to a growing disillusionment with the electoral process itself. This disillusionment is often fueled by perceptions of unfairness, a lack of accountability for electoral malpractices, and a sense that citizens' votes do not translate into genuine, meaningful change. The Independent Electoral and Boundaries Commission (IEBC), despite its efforts, continues to face scrutiny regarding its capacity to conduct free, fair, and verifiable elections, particularly in light of past controversies and ongoing challenges in voter registration and the implementation of technology.

The integrity of the electoral process is foundational to any democratic system. In Kenya, the Independent Electoral and Boundaries Commission (IEBC) is mandated to manage and oversee elections. However, its history is replete with accusations of inefficiency, bias, and even outright manipulation to the point of a complete nullification of the Presidential Elections by the Supreme Court of Kenya in 2017. The 2025 by-elections were no exception. Live scenes from the polling stations and reports from election observers have noted irregularities in several polling stations, including delays in opening, issues with biometric voter identification devices (BVIDs), suspicious activities in polling stations and surrounding areas, and instances of ballot paper discrepancies. While the IEBC has often attributed these issues to logistical challenges or human error, critics argue that they are symptomatic of deeper systemic problems that undermine public trust. The lack of transparency in the procurement of electoral materials and technology has also been a recurring concern, leading to suspicions of undue influence and corruption. The legal framework governing elections, while robust on paper, often faces challenges in enforcement. The Election Offences Act, for instance, aims to deter malpractices, but convictions remain rare, contributing to a culture of impunity.

The role of money in Kenyan politics has long been a contentious issue, and the 2025 by-elections further underscored its pervasive influence. The exorbitant cost of campaigns, from party nominations to the general election, effectively bars many qualified individuals from participating, thereby limiting the democratic choice available to voters. Unregulated campaign spending often leads to vote-buying, bribery, and the use of illicit funds, distorting the electoral playing field. Civil society organisations, such as Transparency International Kenya, have repeatedly called for stricter enforcement of campaign finance laws, including caps on spending and greater transparency in donor disclosure. However, political parties and individual candidates often find loopholes or disregard these regulations, with little consequence. The impact of "money politics" extends beyond the immediate election cycle, contributing to corruption once elected officials assume office, as they seek to recoup their investment or reward their benefactors. The 2025 by-elections saw numerous instances of candidates distributing cash and goods to voters, especially the ruling party, United Democratic Alliance (UDA), particularly in economically vulnerable areas, highlighting the urgent need for comprehensive campaign finance reform.

A healthy democracy relies on a vibrant and free media to inform the public and hold power accountable. In Kenya, while constitutional guarantees for freedom of expression exist, their practical application often faces challenges. During the 2025 by-elections, concerns were raised about the partisan nature of some media outlets, particularly those with close ties to political figures or parties. This bias can lead to skewed reporting, the suppression of dissenting voices, and the amplification of propaganda, thereby hindering voters' ability to make informed decisions. Furthermore, the rise of social media, while offering new avenues for expression, has also become a breeding ground for misinformation and disinformation campaigns. Political actors often leverage these platforms to spread rumors, attack opponents, and manipulate public opinion, making it difficult for citizens to discern truth from falsehood. Efforts to regulate online content, while sometimes necessary to combat hate speech, have also raised fears of censorship and the curtailment of legitimate criticism. The Computer Misuse and Cybercrimes Act, for instance, has been criticized for its broad provisions that could be used to stifle online dissent.

The independence and impartiality of state institutions are crucial for upholding democratic principles. In Kenya, there have been persistent concerns about political interference in institutions that are meant to be autonomous. The police, for instance, have often been accused of partisan behavior, particularly during election periods, when they are sometimes perceived as protecting the interests of the ruling party or influential politicians rather than upholding the law impartially. Reports from the 2025 by-elections included instances of excessive force against opposition supporters, selective enforcement of public order laws, and inadequate protection for candidates and voters in certain areas. Similarly, the judiciary, despite its constitutional independence, has faced pressure and criticism, particularly in cases involving high-profile political disputes. While the judiciary has, at times, demonstrated its independence, the perception of political influence can erode public trust in its ability to deliver justice fairly and impartially. The National Cohesion and Integration Commission (NCIC), tasked with promoting national unity and preventing ethnic conflict, also faces an uphill battle in addressing the deep-seated tribalism that often permeates Kenyan politics, particularly during election campaigns.

The health of a nation's democracy is also reflected in the internal workings of its political parties. In Kenya, many political parties suffer from a lack of internal democracy, with decisions often made by a small elite rather than through inclusive processes. This lack of internal democracy can lead to a situation where party nominations are not genuinely competitive, and candidates are imposed on the electorate, further limiting voter choice. The 2025 by-elections saw numerous instances of disgruntled aspirants decamping to other parties or running as independents after feeling unfairly treated during party primaries. This phenomenon not only weakens the parties themselves but also contributes to political instability and a lack of ideological coherence. The Political Parties Act aims to promote internal democracy, but its enforcement remains a challenge, with many parties operating with opaque financial structures and decision-making processes.

The low voter turnout observed in the 2025 by-elections is a significant indicator of a deeper problem: widespread voter apathy and disillusionment. Many citizens feel that their votes do not matter, that politicians are primarily self-serving, and that the electoral process is rigged against them. This sentiment is fueled by a combination of factors, including unfulfilled promises by elected officials, persistent corruption, and a lack of accountability. When citizens lose faith in the democratic process, they are less likely to participate, which can lead to a vicious cycle where a small, motivated minority can exert disproportionate influence. Addressing voter apathy requires not only electoral reforms but also a concerted effort to rebuild public trust in institutions and demonstrate that democratic participation can indeed lead to positive change. Education on civic duties and the importance of voting, coupled with tangible improvements in governance, are crucial steps in reversing this trend.

Civil society organisations (CSOs) and international observers play a vital role in monitoring elections and advocating for democratic reforms. In Kenya, organisations like ELOG, the Kenya Human Rights Commission (KHRC), and the International Crisis Group have consistently highlighted electoral malpractices and called for greater transparency and accountability. Their reports and recommendations often provide crucial insights into the challenges facing Kenya's democracy. However, these organisations sometimes face challenges, including limited funding, political pressure, and even threats, which can hinder their effectiveness. Despite these obstacles, their continued presence and advocacy are crucial for maintaining democratic principles on the national agenda and promoting necessary reforms.

The 2025 by-elections in Kenya have served as a stark reminder of the ongoing erosion of electoral and democratic principles in the country. From issues of electoral integrity and campaign finance to the challenges facing freedom of expression and the independence of state institutions, Kenya's democratic fabric is under considerable strain. Addressing these multifaceted challenges requires a concerted and sustained effort from all stakeholders, including the government, political parties, civil society, and the citizenry. Without genuine commitment to electoral reforms, stricter enforcement of existing laws, greater transparency, and a renewed focus on accountability, the democratic aspirations of the Kenyan people risk being further undermined. The path forward requires not just superficial changes, but a fundamental reevaluation and strengthening of the institutions and practices that underpin a healthy democracy.