•Discussions over the issue of term limits and the reasoning behind such inclusion in the Constitution are wanting currently.
•It might be clear in the Constitution for example, that after ten years, a governor is expected to go home just like the President.
Image: THE STAR
Three things are happening in Kenya today that eventually will be a threat to democracy.
They include; term limits for elected leaders, especially governors who finish their terms and want to move to the senate, formation of political parties into giant coalitions and supervision of and application of laws governing political parties and extension electoral laws.
The relegation of the academia and professionals from the political processes in the country to mere spectators – since they no longer do serious research and contribution to national issues either through publications, public debates, or scholarly exchanges amongst themselves- has denied the country data-driven policymaking and political activities.
It would have been very interesting to listen to an intellectual discussion in a university hall or public podium on the proposed economic development models being discussed by the politicians during the public rallies or even just an analytical paper of discussion on the same- or comment of the proposed policies and manifestos.
The academy must remain part and parcel of the democratisation process in the country.
Discussions over the issue of term limits and the reasoning behind such inclusion in the Constitution are wanting currently.
It might be clear in the Constitution for example, that after ten years, a governor is expected to go home just like the President.
Term limits are meant to ensure the transition, accountability, and impunity in the management of public resources that allow new leaders and ideas and minimise the chance that a leader becomes rogue.
It's worrying that several governors that have served the 10 years limit want to either get elected as senators or Members of Parliament.
Even if this was not included in the law, a person who has served as a governor, then moves to the senate, which exercises oversight of the administration of counties, and had issues of management of public funds during his/her tenure, how will that be handled?
Katiba Institute produced one such publication on term limits and hope they will under public litigation go to court to seek clarity on the same.
A national debate on such is critical. Given that the government has been reluctant to operationalise the Public Benefits Organizations (PBO) Act, many civil society organizations, especially those in the civil and political sector, have not been as active as expected to be pushing on such matters.
While is a fact that for any political formation to ascend to the presidency in this country needs a coalition of minds and tribes, the current trend- where we have been 82 to 86 political parties that seem to be of business entities rather than political parties, become very active just before elections, make money through deals and nomination fees without any verifiable membership registers, never makes returns or conduct any political activity- is a threat to the realization of our political rights.
Second, some of the recent formations of big coalitions might return the country to single-party or death of opposition in both national and county assemblies. Dominant parties should not swallow other parties and we should encourage the formation of county-based political parties that are relevant to these regions.
Diversity must be encouraged otherwise, allow them to maybe support one presidential candidate at the top but have their candidates for the other seats.
A report, the Peace Actors Forum (PAF) and supported by International Alert that involved hosting of six regional dialogue forums in different regions in Kenya, notes that there are growing tensions in some parts of the country ignited by the fall out between President Uhuru Kenyatta and his deputy William Ruto and the subsequent political realignments due to the Building Bridges Initiative (BBI).
This, the report notes have led to intense political mobilisation along exclusionary ethnic lines often disguised as regional interests.
At the sub-national political levels, right down to the ward level, new political identities were being reimagined, even where none previously existed, in this process of identity-based political mobilisation.
The report notes that young people, particularly the unemployed, were increasingly self-organising either as illegitimate gangs and militia groups or as boda boda riders and other self-help groups in readiness for both legitimate and violent support to the political elite.
At the county level, succession politics are at play for the governors who have completed their second term. Even in places where the incumbent is eligible to run for another term, tensions are running high between the various political factions.
In this intense political environment, sporadic violence, unrestricted hate speech and a general sense of political chaos reign supreme.
Mzalendo Trust released a report on why the county needed the political campaign funding legal framework implemented, and based on research suggesting the limits for the various elective posts, amounts that though different, were followed by the draft finance campaign funding regulations by the Independent Election and Boundaries Commission- which were later thrown out by Parliament.
Katiba Institute is moving to court over the same and other election-related laws that seem to have been left in abeyance.
Again, the bringing in of laws and amendments to the electoral laws just a few months away from the elections and the likely risks of such to free, credible, and acceptable elections cannot be ignored.
Parliament is on recess and many election-related laws await their action- and given the tensions in the house, with both speakers now actively focused on their elections- Justin Muturi wants the presidency while Lusaka wants the Bungoma County Governor seat- do we expect enactment of the laws? And what is the impact of such developments on election preparedness?
The Registrar of Political Parties, IEBC, the media and non-State actors must do everything practically possible to ensure that the 2022 General Election is fair, credible and acceptable, ensuring the required legal framework is followed to the latter.
The more than 20 million Kenyan voters must exercise their right to representation at all costs, for this is the minimum they expect.
The Government must provide the environment and resources for the elections to happen in a peaceful atmosphere. All is possible.