Last year, Boniface Mwai petitioned the Nakuru High Court seeking to compel the Independent Electoral and Boundaries Commission (IEBC) to include another option on the ballot. In court documents, the petitioner, Boniface Mwai, wanted the electoral agency to include "None of The Above" as an option on the ballot papers to give voters a wider choice.

Mwai argued that adding the "None of The Above" as an option box would present a 360-degree option for voters to air their views on candidates and the elections. This option would allow voters who did not have faith in the aspirants present to exercise their democratic right by registering that none of the contestants was worth their votes.

This year, voter turnout across the board was low, at around 60 percent, many stayed home in large numbers. For many Kenyans, refusing to vote was not a result of disinterest, apathy,  indifference or even ignorance. It is instead —a valid political choice. 

According to an article in the New York Times, “Parts of the country are experiencing what the United Nations has described as “the worst drought in 40 years” in the Horn of Africa, with some 4.1 million people in Kenya suffering from severe food insecurity. The cost of food and fuel, thanks to the Covid-19 pandemic and Russia’s invasion of Ukraine, has risen sharply. The high rate of unemployment especially among the youth who have consistently been sidelined when it comes to leadership positions. If that were not bad enough, the country — in part because of the government’s borrowing spree over the past decade — is heavily laden with debt, and inflation is at a five-year high. But in response to this troubling situation, the candidates have offered little more than bickering and bragging.”

The right to vote and participate in elections is a hard-won privilege, which many around the world are denied. But demanding that people vote, no matter how limited the candidates, is akin to exhorting people to joyously crown their oppressors. Citizens, after all, have the right to choose. And democracy does not begin and end at the ballot box.

As concerned Kenyans, we would like IEBC to consider this option for voters to choose NOTA to express their dissatisfaction with the options available. This way, disappointed voters are given a reasonable means of having their voice heard.

If NOTA receives a significant proportion of the votes – or more extreme yet, wins outright – elected leaders would need to take note and possibly understand the general feelings of the electorate.

NOTA options could take different forms. The main objective of the ‘NOTA’ option would be to enable electors who do not wish to vote for any of the candidates to exercise their right to reject without violation of the secrecy of their decision.