Constitutional review? A re-look at the formation of Political Parties is necessary

As we discuss review of the Kenya Constitution 2010, there is need to consider decentralizing political parties to the county level. The law restricts political parties to having a national presence with members recruited in at least half of the 47 counties. (CoK article 91 and section 7 of the Political Parties Act)

Devolution sought to promote democratic and accountable exercise of power, foster national unity by recognizing diversity, give powers of self-governance to the people and enhance the participation of the people in the exercise of the powers of the State and in making decisions affecting them.

For communities to exercise the powers of self-governance and participate in making decisions at the county level, they need tools to exercise such powers.

One of the critical tools in democratic governance is a political party. Political parties are the instruments for exercise power, whether in government or in the opposition.

A political party can be defined as a group of individuals with a common interest, organized to acquire and exercise political power.

It is quite ambitious to envisage representative democracy operating in a diverse society as ours, when the tools and instruments that are used to capture power are not diverse and do not recognize community diversity.

The powers

The same constitution that has allowed communities to exercise ‘political’ power at the county level, has limited the ability of the communities’ user associations and interest groups at that level to form political parties to enable them fully participate in county governance.

The powers of self-governance can be better excised by an empowered group of citizens, communities and user associations at the county level.

User associations and local community interest groups are better placed to promote democratic governance through public participation as they aggregate and articulate the interests of citizens, advocate for policy legislation and play oversight roles over the county governments while holding elected leaders accountable.

The 47 counties have unique cultural, social, economic and ethnic development needs that are not identifiable with the National parties. It is, therefore, imperative that we allow the formation of autonomous regional or county parties with the option of forming coalitions with major political parties for the purpose of National level politics.

Giving autonomy to county level organisations to sponsor political candidates to elective offices will make democracy and devolution more palpable while decentralizing power from Nairobi and creating an incentive for public participation for community interest groups in county governance.

Rampant clientelism

While national political parties endeavour to manipulate voters to support political elites and lose their interest in the issues affecting the communities as soon as an election is over, end user associations and community led organisations can remedy the situation by sponsoring candidates to the county government whose allegiance to the local community groups comes first, as opposed to the current regime where elected officials can only be questioned and disciplined by national party officials in Nairobi. 

The chronic absence of internal party democracy within the major political parties, the opaque management systems, rampant clientelism in the issuance of party tickets has limited the role of communities to that of spectators contrary to the spirit of devolution. A remedy is necessary.

As we take a re-look at the Constitution to allow inclusive leadership at the national level, we also need to strengthen the role of citizens in the election, oversight and control of county politics to be in line with the unique attributes at that county or regional level.

Let us allow tea, coffee farmers’ associations in Nyeri to register a political party and sponsor candidates who will represent their interests at the county level, allow the ‘pastoralist groups’ in Pokot to sponsor candidates while the ‘miraa farmers’ in Meru and ‘bodaboda’ groups sponsor those who will be able to push for their interests in county governance service delivery and these elected officials held accountable at that level.

We need a re-look at Article 91 of the constitution and Section 7 of the Political Parties and other related legislations.

Mr Manani is a political commentator. [email protected]