Power-sharing should be the way forward: Kintu
Kintu Nyago, Ex.Director, Forum for Promoting Democratic Constitutionalism, Kampala, Uganda, writes that there is need to tame the Kenyan executive, whereby some of its powers are diffused into the other pillars of state, notably the legislature and judiciary. There is also need to reformulate the Kenyan electoral system to allow for more inclusivity, based on proportional representation, rather than its current clearly ill suited ‘The First-Past the Post’, “Winner-Takes All” model. Constitutional provisions for power sharing require to be adopted, he argues.
There is need to look beyond the personalities, Kibaki or Odinga, and particular political parties, PNU or ODM etc, involved in the current Kenyan crisis and rather analyze the deeper complex causes of this problem, with the possibility of securing durable solutions.
Clearer the crisis under discussion has regional implications. For Kenya is by far the biggest economy in the Horn of Africa and Great Lakes regions, this in addition to being the gateway to the sea of Uganda, Rwanda, Eastern DRC and Southern Sudan. A vibrant hinterland with a population with about 80 million people Hence Kenya’s post election mayhem has affected many, far and wide. To the extent that Uganda is now hosting thousands of mainly innocent Kikuyu Kenyan refuges victims of ethnic cleansing.
A key lesson to draw from the current Kenyan scenario, is that we should not over trust individuals, but rather all faith and effort should be placed in the institutions that govern and shape our characters and nation. For the cerebral, Makerere educated Mzee Mwai Kibaki, from a distance strikes one as an saintly grand fatherly character, who can’t harm a fly! At seventy five not only is he in the twilights of his, hitherto, successful exemplary life with a reputation and track record to protect, but by any standards he is also an extremely wealthy man.
However all those niceties were clearly set aside, in the realm of the practical realities of Kenyan politics, characterized by a flawed constitutional framework and institutions. A constitution that endows the executive with all, and more, centralized powers as ever formerly enjoyed by a colonial Governor! This in addition to the practicing of an ill suited “Winner-Takes-All” “First-Past-the Pole” electoral system. And the existence of a highly centralized, Local-Central government relationship, with all the goodies being located and indeed dished out, under an elaborate Nairobi based patronage web.
For most part, especially under Mzee Kenyatta and Daniel Arap Moi, politics in Kenya was a “Do or Die” exercise. With those individuals, ethnic groups and regions that controlled political power, as say Mount Kenya under Kenyatta and subsequently Rift Valley under Moi, nearly monopolizing all the resources. While those in opposition, as say Luo Nyanza, home turf to both Raila and his iconic leftist father and mentor, Jeramongi Odinga Odinga by being utterly marginalized.
This ‘Do or Die’ logic within the context of a highly centralized ‘Winner-Takes-All’ framework explains both the intense resistance to Kibaki’s ‘win’ from Luo Nyanza and conversely the siege mentality adopted by the beneficiary Mount Kenya region.
Regarding the aspect of agency, Mzee Kibaki and his parochial Mount Kenya, GEMA inner circle share considerable blame for this unfortunate outcome. For under ‘Baba wa Taifa’ Moi, many of these challenges had been recognised by the then democratic forces in Kenya, that included Kibaki and his Democratic Party. Consequently an effort was made to craft a new democratic constitution, under the Bomas process. Unfortunately the moment NARC won the elections, five years ago, and Mzee Kibaki became president, the Bomas Constitutional process was convieniently thrown out the window, with the powers occupying State House, opting to retain the incumbent clearly archaic constitution. This explains the current tragedy of Kenya, and indeed our broader region!
The post December 27th mayhem illustrates a paralysis of the balance of forces in the Kenyan political tug of war. The future requires statesmanship and creative political crafting based on a ‘win-win’ ethos. And the regional leadership of the East African Community under current Summit President, Yoweri Museveni should perform its rightful supportive role to the sister country of Kenya, aimed at correcting the current hemorrhaging political log-jam.
There is need to tame the Kenyan executive, whereby some of its powers are diffused into the other pillars of state, notably the legislature and judiciary. There is also need to reformulate the Kenyan electoral system to allow for more inclusivity, based on proportional representation, rather than its current clearly ill suited ‘The First-Past the Post’, “Winner-Takes All” model.
Constitutional provisions for power sharing require to be adopted. This to ensure that in the reality of Kenya’s highly charged and politicised multi ethnic polity, ethnically located political barons, as Raila, Kibaki, Mudavadi, Musyoka etc and their respective constituencies, are conditioned to work together in the management of state affairs. With the Kikuyu being conditioned to work together with the Luo, Kamba and Kalenjin etc. Rather than falsely regarding each other as ‘natural’ foes. This would heal the current tensions and trauma being experienced by Kenya, and contribute to both its and indeed regional unity and sustained development.
There is also need to replicate the Ugandan example of affirmative action for marginal social groups notably women, who require at least a 30% representation in central (Parliament) and Local Government governance structures, this in addition to the need to introduce an effective decentralization policy. This to enable more effective service delivery and development while also ensuring the more equitable spreading out of national resources.
Statesmanship is required by Mzee Kibaki and his Mount Kenya inner circle, Raila Odinga and the ODM, civil society groups in addition to the leaders of the East Africa Community to ensure that a durable, creative and inclusive way forward is charted out regarding Kenya.
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