By Elias M. Nyatete

It is extremely encouraging that more and more the systemic weakness in our voting process which is what is now popularly called “tyranny of numbers” is being openly discussed.

Although elections are over the emotional, psychological and intellectual fatigue from the electioneering process and outcome lingers on. In part this is because of the tribal trend that voting in the recent elections patterned.

Increasingly, we realise that the challenge of tribalism that the (new) Constitution was meant to eliminate only took a new form. 

In view of this, there have been interesting suggestions on what model would be most suitable in minimizing traces of this “us verses them” tribal undertones that if suppressed rather than acknowledged may erupt in the future at the slightest trigger.

The question arising therefore is existential: is there an alternative to which tribalism in Kenya can be minimised for the sake of peace, unity and respect of the common good? Further, how will every Kenya find a common identity in the national government without being compartmentalised into piles of tribal silos?

The theory that is behind the writing of the Kenya Constitution promulgated in 2010 is empowering people to actively participate in the processes of governance. Two key elements to cement the theory are well articulated in the chapters dealing with a) public participation b) devolution. The two articles rooted but also supplemented by chapter four on the Bill of Rights aim to emphasise citizen obligations and rights in equal measure on matters of public affairs.

In a typology of models of governance, the movement in this Constitution is to transit from a president-institution-citizen  model to a citizen-institution-president model in which the people have an active voice in not just voting but more importantly in creating an environment of equality, respect and common identity.

Some commentators have already argued for an America-like presidential vote system that does not simply rely on popular vote. It also has a complex system of electoral college that determines who wins the presidential election. Last week, former PM Raila Odinga, proposed a parliamentary system in which members of parliament and possibly the senate elect the president.

The position I take is that a rotational presidency between various tribes in Kenya is most ideal in solving the problem. Several considerations must be aforementioned in the way this proposition is likely to work.

To begin with, Kenya has 42 tribes and will remain so for many years to come, possibly eternally. Rotating the presidency ensures each tribe at some point in history rules.

The presidency is both symbolic and real in the exercise of power.

Symbolic because the legacy that has been left behind by successive regimes is that the “tribe rules” rather than individuals from a tribe rule.

As much as an individual has a right to seek presidency regardless of tribe, our history shows that tribe and hegemony constituted by a few tribal chiefs greatly determines who ascends to power. As such individual right becomes a legal illegality.

Personality cult

Secondly, Kenya has two chambers of governance at the national level, that is, the national senate and assembly, and a county system that is operational since the (2013) election. National development should not be pegged to manifestos crafted by presidential candidates.

A manifesto should be developed by those seeking power but be adopted by the parliaments (and the County assemblies) for implementation. This way, a president does not have “to do for us” this or that. Counties know best their challenges.

Senators represent counties and, therefore, one of their main tasks should be to develop a national manifesto for a current regime. Presidency should be as ceremonial as is practically possible.

Thirdly, a presidency should last for a four-year non-renewable term, say from 2022. The purpose here is to focus on institutions rather than personality cult that the presidency, regrettably, has become.

The Cabinet Secretaries, who must represent the face of the country, should in the same spirit serve with the incoming presidency and retire when the term ends. 

The parliaments should hold their elections one year after the new executive is in power to ensure smooth transitions.

The advantages of this system are many. To begin with, this is a radical shift from the office of the president to the process of electing a president with long term peace sustainability in mind.  Further, cultural and sub-cultural diversity will be strengthened because of this merry-go-round like process. Moreover, candidates from minority tribes have a realistic chance of integrating themselves into national and county affairs as equals.

This model reduces significantly the magnitude of the “tyranny of numbers” without prejudicing either side.

Dr Nyatete is a Director, Jesuit Hakimani Centre.