Introduction
Multiparty democracy refers to a form of democracy in which multiple political parties compete for power through free and fair elections, and where citizens have the freedom to choose among different political alternatives. In a multiparty democracy, political power is distributed among several parties, each representing diverse interests and ideologies. Civil rights refer to the fundamental rights and freedoms entitled to individuals by virtue of their status as citizens. It includes a range of liberties and protection, such as freedom of speech, assembly, religion, right to vote, right to privacy, right to life, protection from discrimination and equal protection under the law, among others.
Multi-party democracy provides avenues for citizens to participate in the political process by joining political parties, voting in elections, and participating in public dialogue that allows for a diversity of political opinions and ideologies. This participation is important for safeguarding civil rights and ensuring that diverse voices are represented in decision-making. It also offers an opportunity to individuals to have the freedom to express their opinions, beliefs, and grievances without fear of reprisal. Freedom of expression is central to defending civil rights and promoting a culture of openness and accountability in democratic societies. In a multi-party system, the presence of multiple political parties serves as a check on the government. Opposition parties play a crucial role in holding the government accountable for its actions.
After independence, Kenya was governed by the Kenya African National Union (KANU). The KANU government maintained political dominance during the period 1960s-1990s. In the late 1980s, civil society organizations, student groups, trade unions, and opposition groups started to demand for greater political freedoms. The pro-democracy movements gained momentum, calling for an end to one-party rule and the introduction of multiparty democracy. In response to domestic and international pressure, Kenya reintroduced multiparty politics in 1991 with the government initiating legal reforms to allow registration and operation of political parties. Such reforms include the Political Parties Act that established the Office of the Registrar of Political Parties in Kenya. This Act provided a legal framework for the registration, regulation, and management of political parties in Kenya. The establishment of the Office of the Registrar of Political Parties (ORPP) was aimed at ensuring transparency, accountability, and adherence to democratic principles within political parties.
The country’s first multiparty elections took place in December 1992. This election signaled the beginning of multiparty democracy. Ever since, every general election has witnessed several parties participate in presidential elections (Figure 1).
Figure 1: Number of presidential candidates in the last seven elections in Kenya
Source: ECK (1992,1997,2002,2007) and IEBC (2013,2017,2022)
The re-introduction of multipartyism was a major step towards protecting and advancing civil rights. However, lack of electoral integrity and democracy in political parties poses a threat to multipartyism. This blog, therefore, addresses the gaps, emerging issues and provides recommendations for strengthening multipartyism to further civil rights in Kenya.
Policy Gaps and Emerging Issues on Multiparty-Democracy and Civil Rights in Kenya
Political parties’ loyalty and party defections
The transition to multiparty democracy signified a political change and steadfast commitment to safeguarding civil liberties, thereby promoting a more equitable and democratic community. The Political Parties Act of 2011 addresses party loyalty and defections by imposing certain regulations and restrictions on elected officials who choose to switch parties. According to the Act, elected members of a political party who wish to defect to another party must do so within a specific timeframe and with the approval of their original party. Failure to adhere to these regulations can result in the loss of their seat. However, there has been an instance where politicians from the opposition side of the government cross over to the ruling party. For instance, in November 2022, several MPs and members of county assemblies (MCAs) from opposition parties crossed over and announced they will work with the government. The phenomenon of individuals and parties campaigning under a different coalition but subsequently crossing over to work with the government soon after raises concerns about the stability and integrity of Kenya’s multiparty democracy. Such actions tend to weaken the opposition, impede accountability, sideline policy debates, and cause political instability.
Lack of transparency in party primaries and nominations
During the general election of 2022, there was a notable increase in the number of independent candidates seeking elective positions (Figure 2). This trend underscored the general dissatisfaction with the existing political parties, stemming from the nomination procedures within political parties. The surge is attributable to discontent among candidates who held the perception that the internal selection processes of political parties were unjust or partial. Consequently, aspirants opted to run independently and present themselves directly to the electorate. This development has raised concerns about the need for increased openness, diversity, and accountability within the realm of political parties.
Figure 2: Combined party and independent candidate’s summary for 2022 general elections
Data Source: IEBC (2022)
Increase in violation of civil rights
Kenya’s transition to a multiparty democracy promised a significant shift, not just a political change but a steadfast commitment to safeguarding civil liberties and fostering a more equitable society. This commitment is enshrined in the 2010 Constitution, which guarantees fundamental rights such as the right to life, freedom from torture, freedom of expression, and peaceful assembly.
However, despite this framework, Kenya continues to grapple with gaps that threaten these very rights. While Article 26(1) of the Constitution guarantees the right to life, violations persist. The Human Rights Commission documented 22 extrajudicial killings and 9 enforced disappearances between January 2022 and June 2023.[1] The discovery of 39 bodies in the Yala River in March 2022 further highlights this grim reality. These incidents not only violate the right to life but also erode public trust in the government’s ability to protect its citizens.
The right to freedom of religion is enshrined in the Constitution. However, the proliferation of cults and the potential for radicalization has raised a lot of concerns, with the example of Shakahola case where over 426 victims lost their lives in March 2023[2]. The government’s taskforce on religious organizations that was established in May 2023 highlights the attempt to navigate this complex issue. It is crucial to find a solution that safeguards religious freedom while protecting citizens from potential harm.
The country has made progress in protecting freedom of expression and the media. However, instances of violence against journalists and damage to their equipment raise concerns. A multiparty democracy thrives on a vibrant and independent media that can hold the government accountable. The recent threats and violence against journalists undermine this vital role.
The Constitution guarantees the right to peaceful assembly and protest. However, recent demonstrations in 2022 after the contested general elections were marred by violence from both sides. Police allegedly used teargas and excessive force while protestors resorted to violence and destruction of property. This violated the right to peaceful assembly enshrined in Article 37. A multiparty democracy requires open dialogue and the ability to peacefully express dissent.
Conclusion and Recommendations
Multiparty democracy can serve as a powerful tool for promoting civil rights, offering diverse representation, checks and balances, and avenues for civic engagement. However, its effectiveness relies on upholding electoral integrity and democratic principles within individual political parties and during general elections. To strengthen Kenya’s multiparty democracy and advance civil rights, the following recommendations are suggested.
The Independent Electoral and Boundaries Commission (IEBC) may consider establishing strict regulations to govern party defections, ensuring that they are based on principles rather than opportunism. Political parties through public funding may also consider enhancing internal democracy to reduce discontent and the likelihood of defections during and after party primaries and general elections. Further, the judiciary and other oversight institutions could be strengthened to ensure accountability, checks and balances on the government’s power. This includes ensuring that the ruling party does not abuse its position to undermine political fairness, thereby weakening multiparty democracy and the gains achieved so far on civil rights.
Civil society organizations and the media could be encouraged and empowered to educate the public on the importance of political accountability and the role of multiparty democracy in protecting civil rights. This can help reduce voter apathy during elections and increase political participation. This also calls for sustainable measures to protect the freedom of expression and independence of the media, ensuring that journalists can carry out their work without fear of violence or intimidation.
The government could also continue strengthening its counter-terrorism measures to protect citizens from security threats such as banditry witnessed in vulnerable counties in the Rift Valley. However, these measures should be conducted in a manner that respects human rights. Further, the government could consider fast-tracking the implementation of the recommendations by the presidential task force on the review of the legal and regulatory framework governing religious organizations (2023) to prevent abuse of freedom of conscience, religion, belief, and opinion.
[1] https://www.state.gov/wp-content/uploads/2023/02/415610_KENYA-2022-HUMAN-RIGHTS-REPORT.pdf
[2] https://nation.africa/kenya/news/tortured-in-life-neglected-in-death-tragic-story-of-429-victims-of-shakahola-4472720
Authors: Yabesh Kongo and Godfrey Mugwimi, Young Professionals
