Why we should be proud of our new legal framework

By Koki Muli

To beat the December 4, deadline of submitting pre-election coalitions as required by the Political Parties Act, many political parties and their presidential candidates have decided to make pre-election coalition agreements and deposit them with the Registrar of Political Parties in accordance with the Political Parties Act.

These documents, based on a long-term governance agreement (at least five years, the duration of the next Government) should be accessible to the public so that as voters declare their support and vote for a particular team; they are sure what they will be endorsing that team to do for them.

We hope the next steps for the coalitions will entail the design and preparation of comprehensive governance and implementation frameworks and strategies for the coalition Government of each team.  This framework and strategy should contain detailed conflicts and disputes prevention, management and resolution framework to ensure that the different structures and systems within the coalition Government operate smoothly.

There should be provisions for a structure established with the mandate of managing and resolving disputes and conflicts. In addition, the coalition agreements should also contain an exit clause. A winning coalition should not easily dissolve and if any member of the coalition leaves the Government; that should necessitate an election.

This is to deter malfeasance and ensure that coalitions dissolve only in the event of severe irreconcilable differences and no part of the coalition should be allowed to benefit from the dissolution of the coalition Government. The coalition Government should be structured and set in such a manner that the parties to it do not at any stage remains in the government because they tolerate each other. The coalition Government should have structures that enable Kenyans at all levels of Government to be able to hold it accountable.

 The Registrar of Political Parties and the Independent Electoral and Boundaries Commission (IEBC) need to play an active role in ensuring the political parties forming the coalition remain viable and adhere to all laws especially the PPA and the Constitution.

As I head out to rural Ghana to observe the presidential and parliamentary elections here, I am encouraged to learn that our electoral system and Constitution are more facilitative to the participation of women, people with disability and youth in the electoral process.

There is absolutely no provision for nominations. Political parties are not publicly funded like in Kenya and there is no checking of campaign financing; it’s free for all. Political parties are referred to as the world banks of their strong holds and vote buying is in fact expected and encouraged. The legal framework requires review, as there are many gaps.

However, the Electoral Commission of Ghana (ECG) is very strong, firm and independent. When the government created some districts in certain areas, a move that could have been viewed as gerrymandering; the ECG knowing that it was required to create at least a constituency in each of the new districts; decided to create 45 new constituencies across the country in a formula that benefited all the players in the elections even those who were not intended to benefit. This they did to ensure that no one is advantaged over the other.

This has obviously not endeared the ECG to political parties but so long as they abide by the law and are honest referees; they have no worries. In fact, the chair of the ECG who also chairs the Inter Parties Committee known as IPAC has also ensured equal and transparent treatment of all parties represented therein.

There are so many lessons to learn from the Ghana elections; although I am very proud as a Kenyan to say that with our new Constitution, new legal framework and constitutional institutions, it is the turn of Ghana to learn from Kenya.

 

The writer is an elections and constitutional law expert and lecturer, South Eastern University College South Eastern University