Will A Parliamentary System Make Kenya A More United Country? Power Sharing Might Be a Better Solution

The recent calls for a referendum to change the Kenyan constitution and implement a parliamentary system of governance, rather than a presidential one, may remain just that, talk. However, that should not take away from the fact that many Kenyans, I included, are unhappy that despite a new constitution, we remain as divided along tribal lines as ever before.

The March 4^th elections split the country right down the middle, with the two major coalitions garnering support from different tribes almost exclusively. Indeed, the candidates who attempted to run on other platforms such as national unity and “issue based politics” such as Professor ole Kiyiapi and Martha Karua performed dismally, coming dangerously close to being usurped by the comical Dida (where is he, by the way?)

This only served to remind Kenyans two things; firstly, that even with a new constitution, you cannot legislate a stronger nation, where national identity, values and ideology matter more in politics more than one’s tribe.  Secondly, it put ethnic identity and tribalism back at the centre of the national dialogue on politics, where it deserves to be. And this is where the hot political topic of the moment, whether we should change our political system to a parliamentary system rather than a presidential system, comes in.

The argument is this: as long as Kenyans are voting for a president, and certain tribes have the numbers, the control of state machinery, control of a subservient and intellectually bankrupt mainstream media and a judiciary whose reputation among Kenyans is still not positive, then the “other Kenyans” will never see their tribesmen as President or his Deputy. Instead, we should have a parliamentary system, where the strongest political party forms a government and elects a prime minister/president from within its ranks in government.

Of course, this argument has various holes. I do not think that a parliamentary system will promote national unity, since the very same Kenyans who are voting along tribal lines for a president will be the same people voting along tribal lines to elect their members of parliament and political parties. A parliamentary system requires very strong political parties, where the Members of Parliament realize it is only their support for their party in parliament that keeps the government in power. In a country like Kenya, where political parties are weak and lack the capacities to exist without the financial, political and personal support of the most powerful tribal chiefs, this would be a recipe for disaster. Imagine a situation where a government is only propped up by a few votes in Parliament. A few brown envelopes pushed to some hands would see mass defections to the opposition and the government would collapse and elections held. And of course, the proponents of this system fail to tell us how Kenyans uniting in political parties that are ethnic in character to choose a prime minister rather than a president makes tribal differences disappear.

But this is not to say that they do not have a point. As long as we are voting for a powerful president and only one group of tribes can win at the expense of others, ethnic divisions will remain part and parcel of our politics.

There have been various solutions tried in Africa and beyond to solve the ethnic character of politics in countries, and there is no magic bullet as yet. Indeed, despite the devolution and separation of powers tried in the United Kingdom it could see still the secession of Scotland, while the USSR and Yugoslavia collapsed long ago with the various ethnic nations in these countries becoming fully fledged nation states. Indeed, as is evidenced by the upheavals in Russian regions such as Dagestan, and the efforts of Kosovo to break away from Serbia, sometimes there is no end in sight in ethnic groups demanding sovereignty from a heterogenous multi-cultural nation once the process starts.

The efforts to support devolution and decentralization of powers from the national government should continue to be supported. But this will not be enough. I think, as I mentioned a while back in a post I did on tribalism in Maseno university politics, Kenyans should consider permanent power sharing and consociationalism. 

Consociation is a system of government whereby all major groups in a state are guaranteed representation and a seat in government. In such a situation, all the ethnic groups in the country would have a seat in government and political power guaranteed to them according to their relative populations, for example one tribe getting the presidency, others the prime minister, another tribe the vice president, others the speaker, and so on. Consociation has been attempted in Lebanon, and although the country is still divided and prone to ethnic violence, the system of government has quelled insecurity and civil war, as well as promoting coalitions in government and some semblance of an all-inclusive government.

Whether or not Kenyans change their constitution or not, we cannot run away from the fact that the process of forming a cohesive and united nation has not had the best results. Ethnicity and tribalism remains real, and unity is still a mirage. The conversation about the right of all communities to be part of government, and share fairly the political and economic benefits of being part of Kenya should continue. Hopefully it will someday lead to solutions we can use to unite all Kenyans of various ethnicities, economic classes and religions to unite in a legitimate government so that we can achieve socio-economic and political development together.

Jubilee Government 100 Days in Office: a Less Than Impressive Scorecard

The Jubilee Government will be clocking 100 days in office on July 19^th, 2013, and as has become the norm in Kenya, many analysts and observers are looking back at the period to gauge early successes and failures.

The first 100 days is a measure of a president’s achievements that originated in the United States of America, after president Franklin Delano Roosevelt (FDR) achieved much success in this time when he came into office in 1933. FDR came into office in March 4^th 1933 at a time of great economic suffering and political upheaval. With record levels of unemployment, poverty, bank failures and civil unrest among the population, the country was looking for leadership.

President Franklin Roosevelt provided this leadership. Working with the American congress, he passed no less than FIFTEEN major bills in his first 100 days in office, commissioning major public works to build dams, bridges, schools and hospitals, thus providing employment to thousands of unemployed. He passed wide ranging legislation for the stock markets, the financial sector, and welfare provision to the poorest people, pumping money into circulation and offering reassurance and leadership through regular state broadcasts and speeches.

When the Jubilee Government’s first 100 days is compared to FDR, it wilts in the great man’s achievements. This is because of many factors, not least of all the circumstances are vastly different. This is not to offer an excuse to Uhuruto’s perceived failures, but rather to explain their performance in the proper political, economic and social context.

According to William Hasser, Roosevelt’s success worked because the Americans were undergoing the worst economic times in their history. There was no time for cheap politicking, when the military was actually prepared for a civic unrest of epic proportions, and belief in the American economic and political system was at an all-time low. When the Jubilee Government and President Uhuru Kenyatta came into office, it was after a bruising political battle that split Kenya into two, exposing ethnic and social fault lines, and requiring Supreme Court arbitration to decide the winner of a hotly contested presidential election.

The new administration had a new constitution, new presidential system of government and new institutions such as the county system to contend with. There were new hurdles to be negotiated; not least the strict constitutional and parliamentary checks that stipulated that gender, regional and tribal balances have to be met in any new administration. President Kenyatta, on the campaign trail promised “to take measures to make Kenya a fairer, healthier and better educated country.” Yet, looking at the ethnic composition of his cabinet, many Kenyans feel shortchanged. The ethnic composition of the cabinet looks skewed towards rift valley and central regions. The TJRC report is out, and there are rumors that some chapters were erased after pressure from government. How is this fair? The Kenyan taxpayer spent KES nine Billion on this commission. Will we see the fruits of this, with land reforms, a strong national land commission and apologies to the most affected by government massacres and assassinations in the past? It does not look good.

The Jubilee government promised to abolish fees charged when Kenyans go to public health care facilities. They also vowed to abolish all maternal fees in public hospitals, as well as giving all kids joining standard one, free solar-powered laptops. The free maternal care has been implemented. For this, kudos must be given to the government. Attainment of the MDG goal of improving maternal health is crucial to our country’s economic and social development. It remains to be seen, however, how more strain on the public hospitals’ resources as a result will be dealt with.

  The government would also “pass legislation to ensure that no child is out of school or a training institution until they reach the age of 18.” I am yet to see or hear of this legislation. Indeed, 100 days down the line, the promise to make Kenya a better educated country is looking like a sick joke. Public school teachers are spending their fourth week at home having taken strike action and the government is looking unwilling, unable and disinterested in solving this crises. Instead, the Attorney General is busy taking court action, which is threatening teachers with fines, jail time and unpaid salaries for “contempt of court.” How does this make Kenya a more educated country? Laptops are all well and good, but who will teach the kids to use them if the teachers are not on board? What of the kids with no food in their stomach, or roof above their heads in class, are laptops the biggest need they have at the moment?

Deputy President William Ruto promised to ensure that the country is secured, so that investors, tourists, farmers, businessmen feeling safe. This was meant to be the Jubilee Government’s first priority. Yet, within a few days of being sworn in, Kenyan citizens were being slaughtered in Bungoma County, with many receiving advance warnings via SMS of attacks. The Jubilee Government was caught flat footed. Murders between warring clans in the northern county of Mandera have ended lives of tens of innocent Kenyans. How many people have been arrested and charged? How many Kenyans can honestly say they feel safer after the Jubilee Government took over? The turf wars between the inspector general of police and the national police service commission can’t have made work easier. The jubilee government needs to do more in security, and the deportation of foreign nationals is not the way to do this. Let these people have their day in court, I am sure many people in public service, government and police service will be tainted. Could this be why the Nigerians, Ethiopians and others are being deported?

100 days since the jubilee coalition took over government, and the youth funds as well as 30% procurement reserved to be for the youth is yet to be launched. Dennis Itumbi posted on facebook that this will begin to be implemented this month. I will be looking critically at this in the future, but it is good that the government has not forgotten the youth, despite not appointing any young person (under 30 years) to cabinet. Let us wait and see how that goes.

The Jubilee Government has had to deal with the harshest of divisions, legitimacy tests, criminal proceedings as well as new laws governing their conduct, making the implementation of policies that much more difficult. Basically, the first 100 days are not so important to its legacy, as what it does in the next five years to make life better for many Kenyans who vumilia to be citizens.

What is important is providing leadership to Kenyans in times of institutional crisis, security concerns and emergencies such as the teachers’ strike. Instituting policies and measures that will ensure that five years down the line, the government will have delivered on its policies and promises to make Kenya a fairer, more educated and healthier nation should be the priority. Dealing with historical injustices, ethnic and social class hatred and differences, as well as promoting the constitutional implementation and security and economic development is important too. I hope the government improves on all these areas, because, so far it is not looking good.

An Accidental Blog Post; My Experiences Studying in Maseno University

I was applying for a freelance writing job online, and they needed a 200 word essay on my experiences studying in University. As I was typing the Essay, one thing led to another, and I ended up with a six hundred word essay... enjoy.

I studied Political Science in Kenya’s Maseno University from 2009. Right now, I am waiting to graduate in December. I thoroughly enjoyed my time at the university, where I learnt much about political theory, public policy and political culture. The biggest impact that my university education has had on my life so far is opening my eyes on the political system and culture in Kenya.

As many may be aware, Kenya is a highly fragmented society, divided along tribal or ethnic lines. Kenya did not exist as a polity before the British made it a colony in the early years of the 20^th century, as a result there is little to unite the 43 ethnic communities into one, especially when it comes to politics and general elections that determine who gets to share the “national cake” among the citizenry.

My Political Science degree gave me insight as to why Kenya’s voters are so passionate about voting for their own tribesman into the presidency, since they firmly believe that it is only through doing so that they can guarantee jobs in the public sector, enhanced businesses with the government through tenders, and even government services such as physical infrastructure, hospitals and schools will come to their home areas.

In addition, studying in Maseno University was also a life changing experience for me as a kikuyu. Virtually all of my family and tribe were in the jubilee coalition, headed by the current president Uhuru Kenyatta and his deputy, William Ruto. During my time at Maseno, which is located in the Luo country that was and remains an opposition stronghold, I got to understand why many Luos and Luhyas were against another kikuyu president taking over the reins of government.

 The biggest irony about my experiences in school was that when I went to visit my family in my grandparents’ home in Limuru, is that I was castigated as an ODM/CORD supporter. When I went back to school, I would become a TNA/jubilee supporter by default. At the end of the day, I ended up renouncing my hatred and disregard for Kenyans who support a political party or coalition simply because it belongs to their tribe.

I am more nuanced in how I view tribalism and ethnicity in my country as a result, although I am still appalled by ethnic violence and hate speech caused by politics. Thanks to my studies in Maseno university, I now think that ethnicity cannot be solved by uraia, Kenya Ni Mimi Na wewe sort of campaigns. Neither should it be embraced, since more often than not it leads to violence, demonization and hatred of fellow countrymen, as well as a weaker political system as a whole.

 The solution lies in a stronger civil society that can fight for economic and political rights that will benefit all Kenyans regardless of tribe, stronger political parties, understanding of tribalism and the Kenyan history, and possibly closer cultural and social ties between Kenyans of all tribes and races. Even then, it will probably not be enough. Tribalism is rife in every part of the world, from the united kingdom, the Balkan regions, the Middle East and even North America.

 It is more realistic to start by ensuring no one will ever die as a result of politics or belonging to the wrong tribe, as this happens in 2008 after the disputed presidential elections. A Kenya where majority of people feel more Kenyan than kikuyu, meru or taita is probably decades in the future and a pipe dream at the moment.

7 THINGS YOU SHOULD LOOK FOR IN A PRESIDENTIAL CANDIDATE

The general elections are supposed to be held sometime next year, and as a result, the field of presidential candidate is growing by the week. The constitution of Kenya article 137 has the qualifications that one must fulfill so as to allow them to get nomination, and because clause 1) (c) allows the nomination of independent candidates, and nomination of two thousand voters, virtually any Kenyan can declare interest.
Kenyan citizens have greeted some of the candidates with ridicule and brushed them away without scrutinizing them, and their policies. This is a negative attitude that promotes propaganda, weakening of the debates between candidates, tribalist chiefs being approved by Kenyans almost unquestioningly, and an unhealthy dependence on opinion polls to tell us who the best candidates are.
I think we should carefully scrutinize the presidential candidates before writing off or rubber stamping anyone as the winner, and some of the things we should look at are as follows:
1. Principles and beliefs
Every person has their own principles that they fight for in their lives, whether it is fighting for gender equality, rights of the disabled, marginalized communities or even acquiring as much wealth s possible. Thus, every candidate will base their candidature on a certain agenda based on their beliefs, whether it is kufuata nyayo, economic development or equality.
It is important that we scrutinize each candidate’s principles and beliefs, so that we can see how these are in line with the national values, interests and vision 2030.
2. Professional and economic background
This is important so as to give us inkling on what special interests, if any, the candidate would represent once in government, and what special abilities the candidate will bring to the office. A farmer by profession would be expected to bring that expertise to the job, while at the same time focusing more on the agriculture sector.
3. Ideological leanings
Ideology is becoming an increasingly important part of Kenyan politics. Whether this is ultimately a positive or negative development is a topic for another day, but each candidate must tell Kenyans where he stands in terms of role of the government in promoting development, the role of faith in the state and drafting of laws and policies, their policies towards the LGBIT group, and what they think the role of Kenya should be in the international relations,
4. Track record
The track record of the candidate in terms of what they have done in their previous capacities to promote democracy, human rights, peace and unity among all Kenyans, and respect for the rule of law, has to be investigated. Those who were silent during the fight for democracy, and against the dictatorship of Kenyans first 2 presidents, and to some extent even the second, cannot be trusted as courageous, principled and democratic candidates.
5. Organization of the campaign
The way the presidential candidate organizes his campaign tell a lot on how they would run their administration. How the candidate uses social media such as facebook or twitter, handling of propaganda and attacks from other candidates, and coherence and realism of the campaign promises, as well as the efficiency of their campaign can tell us how the candidate would handle opposition, use new technology in governance of the country, and run the cabinet.
6. Brushes with the law, if any
Many Kenyan politicians have spent their time in court, either for corruption charges, allegations of crimes against humanity, fighting for democracy and freedom, or organizing protests against dictatorial regimes etc. we should look at these brushes with the law so as to gain insight to the personal characters of the candidates, and their track record in fighting for the democracy (or against it) that we take for granted.
7. Transparency about campaign funding
The campaign websites of every candidate should tell us how they have acquired their funds. This is important because it will show us which candidates promote transparency. It will also educate us on any special interests either inside or outside Kenya, including the business class, religious groups, trade and labour groups.

It is my view that should we scrutinize each candidate this way, we will make much more informed choices on our government, as well as reduce tribalism and ethnic chauvinism. It will also remove the joy riders who may seek to use the pluralism and relative ease in which someone may vie for the most powerful political office in the land.
We as Kenyans must remember is that the constitution stipulates, in article 38 (3), (c) That every adult citizen has the right without unreasonable restrictions to be a candidate for public office, or office within a political party of which the citizen is a member and, if elected, to hold office. We should not discriminate against any candidate who has declared interest for the seat on any ground including race, sex, ethnicity or religion, as long as the said candidate fulfilled all the requirements of the constitution, and is a responsible leader.