Dilemma: How to campaign in the midst of a pandemic

Politicians and the state are facing a dilemma on how to conduct 2022 campaigns without infringing constitutional liberties and still protecting the citizens against the coronavirus.

As the clock ticks towards the August 9, 2022 General Election, the focus has shifted to the need to protect public health and the freedom of association and expression crucial in the campaigns.

Have all these inconsistent sanctions on political gatherings been necessary to protect public health?

Or are there disproportionate restrictions on political freedoms, depending on the political affiliations of the campaigners?

Health experts have repeatedly warned that political gatherings are fertile grounds where the virus can easily spread since there is no social distancing and few attendees wear masks.

The virulent Covid-19 Delta virus is spreading fast.

On the other hand, social scientists have argued some of the protocols and restrictions imposed by the government are illogical.

They say the science behind social distancing and masking may not be the best way to curb the spread of the virus.

Human rights activist and the director of the International Centre for Policy and Conflict Ndung’u Wainaina said international human rights law guarantees everyone the right to the highest attainable standard of health.

It obligates governments to prevent threats to public health.

Ndung’u, who spoke to the Star on the phone, said human rights law also recognises that serious public health threats and public emergencies threatening the life of the nation can justify restrictions on some rights on a legal basis.

He said the limits should be “strictly necessary and based on scientific evidence and neither arbitrary nor discriminatory in the application, of limited duration, respectful of human dignity, subject to review and proportionate to achieve the objective.”

“The scale and severity of the Covid-19 pandemic clearly rise to the level of a public health threat that could justify restrictions on certain rights. These include those that result from the imposition of quarantine or isolation limiting freedom of movement,” Ndung'u observed.

He added, "Careful attention to human rights such as non-discrimination and human rights principles such as transparency and respect for human dignity can foster an effective response.

"This amidst the turmoil and disruption that inevitably results in times of crisis. It can limit the harms that can come from the imposition of overly broad measures that do not meet the above criteria.”

Wainaina argues the Jubilee government under the leadership of President Uhuru Kenyatta took advantage of the pandemic period which started in March last year to undermine democracy and assail the 2010 Constitution.

“He has used the outbreak as a justification to grant himself special powers beyond what is reasonably necessary to protect public health.

"He has exploited health measures to interfere with and attack the Constitution, devolution and impose unprecedented restrictions on a political opponent, and sideline crucial legislative functions,” the human rights expert said.

Several countries across the globe have conducted general elections since the Covid-19 was declared an international pandemic last year. It hit Kenya in March.

The United States, a highly regarded mature democracy, went into an election last year despite the virus hitting the country hard.

Closer to home, Tanzania, Uganda, Ethiopia and other African counties have held elections.

Voices pushing for the general election to be rescheduled by another two years have emerged, however, they have been met with stiff resistance.

Mulle Musau, the national coordinator of the Election Observation Group in Kenya, said the spread of the virus has not reached the levels that warrant rescheduling of the 2022 elections.

He said several countries worldwide have held elections in the pandemic and he urged the IEBC to use them as case studies.

Mulle told the Star the Constitution is clear on circumstances when a general election can be postponed.

“Recently, the African Court gave an advisory and not a direction. It said we advise countries to assess their situations and if they feel Covid is severe enough to warrant calling off of an election, they should make a decision on their own. There was a rider that you make those decisions within a country’s domestic legal framework,” he said.

He added, “Many of our neighbouring countries have conducted elections even when the virus was so serious. The question is what protocols we are putting in place to ensure that we are able to conduct the election without being afraid of the consequences.

"According to our laws, you can only postpone an election on the basis of a state of emergency, which is mostly declared when we are at war.”       

Kenyan politicians are known to splash huge amounts of money on campaigns as a measure of popularity but the coronavirus has caused the government to ban political gatherings, slowing the drives.

Last week on Friday, Health Cabinet Secretary Mutahi Kagwe restated a total prohibition of any form of political activity involving crowds, which the politicians have repeatedly disregarded.

However, concerns have emerged over whether the directive will be implemented impartially and to the letter.

Politicians, especially those eyeing the presidency and gubernatorial positions, have been traversing the counties marketing their policies in complete disregard of the Covid-19 protocols.

Previous directives have been disregarded by the political class, including President Uhuru Kenyatta. 

The Ministry of Interior has also been accused of being biased when implementing the directive as it has been seen to be targeting politicians holding opinions contrary to handshake politics.

Since January, political heavyweights, including the President, Deputy President William Ruto, ODM leader Raila Odinga, Senator Gideon Moi (Kanu), Musalia Mudavadi (ANC), Kalonzo Musyoka (Wiper) and their troops have been holding huge rallies.

Uhuru, Raila, Mudavadi, Gideon, Kalonzo were initially crisscrossing the country campaigning for the Building Bridges Initiative.

Now they have joined the DP and his lieutenants who have hit the campaign trail.

Ruto has been selling his 'hustler' message

Global public health expert Dr Bernard Muia said with the danger of mass infections, the political players should adopt new ways of conducting their campaigns.

He suggested social media and other online platforms, print and electronic media reach out to their followers.

Muja said in situations where people meet, the organisers of political events should put in place health measures including temperature checks and handwashing points.

They should ensure masking, sanitation of indoor venues and equipment such as microphones.

“Covid-19 is a respiratory infection and when the public becomes euphoric because of political gatherings, you find people who do not observe the protocols. Why? It is because of the mob psychology of the human being,” Muja said.

“It should be noted with great concern and the fact in science that people gathering in masses do not observe the guidelines because human nature resists changes.:

He said Kenya is not getting the vaccine as it should have —  only less than two per cent instead of 50 per cent have been vaccinated by now.

The only weapon is observing Ministry of Health and WHO protocols.

He said there is evidence political activities are significantly contributing to the increase in infections. The health expert said case studies from around the country show more infections where there are large political activities.

Muja called on the politicians not to priorities their thirst for power at the expense of citizen’s health.

“Next year is time for the election, if a voter dies of the coronavirus now or before an election, in your constituency, who are supposed to have voted for? You?

Because of Covid, how will their family and community regard you?" he asked.

Muja said the public should not be scared, saying the virus is here to stay and people must find a way to live with it safely.

“Are we also going to be scared by this virus? No. We should also keep on doing our things but observe the protocols. Let’s do whatever we are supposed to do. If it is a political gathering or a church function, we should conduct them according to guidelines, he said.

“The virus will stay with us for years to come. Even if we get drugs, we will continue to witness mutations. This virus will stay with us and the mutants that are coming will even be stronger.”

(Edited by V. Graham)