Kenya facing ‘hurdles to democracy’

By DAVID OHITO

Kenya: Scholars, civil society and lawyers have warned that Kenya risks reversing democratic gains unless ethnicity, corruption, centralisation of power and electoral systems are fixed.

In a newly published book by University of Nairobi’s Institute for Development Studies (IDS) and the Open Society Initiative for Eastern Africa, researchers have cautioned that Kenya’s democratic journey faces hurdles.

They warned that Kenya was facing trying times with media under attack, a weak electoral system, Judiciary underfunded and targeted by the Executive, the diplomatic corps intimidated, a ‘rogue’ National Assembly coupled with wanton corruption and ethnicity, all providing a recipe for reversal of democratic gains.

Devolution, the scholars said, was targeted too by individuals who wanted power centralised in a few hands.

The author of the 246-page book Kenya: Democracy and Political Participation Prof Karuti Kanyinga argued that there was weak political accountability as leaders are not held to account for their actions.

Said Kanyinga: “Politics of ethnicity provides a huge challenge to democratic governance and the rule of law in Kenya. Ethnicity is invoked to prevent the enforcement of law and order.”

Raised concern

The book was launched by Chief Justice Willy Mutunga who also raised concern that Parliament was engaging in what some MPs have called “oversight banditry”.

Dr Mutunga warned that a section of Kenyans who opposed the Constitution “were tireless in their efforts to defer the dream of a constitutional democracy. It would be naïve to expect that they will give up easily. We must purge our institutions from the overweening influence of corruption.”

 “Democracy is in peril when those in power, in whatever arm or at whatever level of government, become uncomfortable with the checks and balances institutions placed on them. The pursuit and attainment of power must be counterbalanced with an appreciation of the restraints and limits to that power,” said Mutunga.

Human rights lawyer Harun Ndubi cautioned that Kenya was back-pedalling to the single party dictatorship with incidents like diplomats being ejected from a function in Eldoret or summoned over statements they make, human rights activist Okoiti Omtatah arrested for filing papers in court touching on the controversial Standard Gauge Railway and former Deputy Speaker Farah Maalim summoned by police over media remarks.

“We must jealously guard democratic gains and allow a robust citizen participation in the management of the affairs of Kenya and accept criticism where ills are committed,” Ndubi said.

TNA nominated MP Johnson Sakaja defended the Jubilee Alliance at the forum, arguing it stood for devolution and was looking for ways to serve Kenyan better by diffusing ethnicity.

“Kenya is a young democracy and we need to fear the alleged reversal of democratic gains. These are teething challenges which expose us to threats but we can all champion and nurture democracy,” Mr Sakaja said.

He defended MPs over legislation of weak laws and those that threatened a free media arguing several stakeholders, including the Kenya Law Reform Commission, the Commission for the Implementation of the Constitution and the Attorney General’s chambers as having played a role.

The Chief Justice called for media to assert its freedom and independence.

“The media must be one whose conduct does not make it a gatekeeper and ally of the corrupt or a magnifier of our parochial divisions,” he said.