Baba, Hustler, Weta and MaDVD are some of the political nicknames that could appear on the ballot in the 2022 General Election if a bill in the Senate is enacted.
The Senate has republished the Election (Amendment) Bill, 2021, which allows the electoral commission to include a candidate’s popular name on the ballot.
“The purpose of this Bill is to amend the Elections Act, No.24 of 2011 to allow a candidate to be presented to the electorate on party primary or election ballot papers in the way in which the candidate has chosen to familiarize himself to the electorate,” the bill reads.
However, the name must first be approved by the commission upon an application by a candidate seeking to have his nickname included on the ballot.
The proposed law has been reintroduced by Nyeri Senator Ephraim Maina after it was pulled down in 2019 to allow for concurrence between the speakers of the two houses.
The changes could take effect as soon as the next election if the Senate and the National Assembly pass it and the President assents to it.
The law only permits the use of a candidate’s official name as it appears in the register of voters and in the candidate’s identity document.
A candidate who wishes to have his or her popular name included on a ballot paper must officially change through set out procedures.
But the Maina-sponsored bill argues the rigid law that only requires the use of official names has condemned many to defeat at the ballot as many of their supporters only recognise them by their popular names.
“The ultimate goal of an election is to ensure that the electorate chooses their preferred leaders in a free and fair environment.
“Name recognition thus becomes an important aspect of a free and fair election and should be enabled to the fullest extent,” the senator says in his justification for the bill.
Maina says allowing a candidate to include a nickname on the ballot ensures a voter easily identifies his or her preferred candidate on a ballot and, therefore, votes in the way he is she intended.
“Candidates should, therefore, not be unduly restricted in the way they present themselves to the electorate on the ballot and other election-related materials as this hinders the realisation of the candidates’ right to, without unreasonable restrictions contest in an election."
To ensure that flexibility does not prejudice a free and fair election in any way, the Bill mandates the IEBC to approve the use of a popular name in an election.
“This bill, therefore, seeks to provide for the inclusion of a candidate’s popular name on a ballot paper while safeguarding the sanctity of the electoral process,” it states.
In the case of a party candidate, he or she will apply at least 21 days before the submission of names to the commission.
For an independent candidate, the name shall be submitted at the time of submission of the candidate’s symbol.
“The commission shall, within seven days of receipt of an application under subsection (2), notify the candidate of its decision in writing,” the bill reads.
If approved, the IEBC shall issue the candidate with a certificate to prove the name has been authorised.
Previously, former governors Mike Mbuvi (Nairobi) and Ferdinand Waititu (Kiambu) were forced to alter their names on their IDs to include ‘Sonko’ and ‘Babayao’ respectively on the ballot.
