Lessons in internal democracy from Law Society of Kenya polls

By Charles Kanjama

Six months ago, when newly re-elected Law Society of Kenya (LSK) chairman Eric Mutua informed me of his intention to run for a second term, my first reaction was surprise. I had not been aware, until then, that the law actually allowed a chairman to seek re-election after doing his traditional two-year term. My second response was to advise Eric thus: “If the law allows you to run again, of course you are entitled to, but I advise you against it. I think you’ve done a fairly good job, but it’s time for change.”

My third response was this, “as a democrat, if no one runs against you, I probably will, so as to give members a choice”.

Six months later, Eric’s decision to run was vindicated by LSK members in a resounding victory. I commend him for his performance, and wish him the best in his new term. I am persuaded that, setting aside some shortcomings of our campaigns, his victory proves that he did pretty well in his first term and was deserving of another. Because that is the essence of democracy: the right to choose and express an opinion. LSK’s polls were an example of mature democracy at work. Of course there is a need to improve how we do campaigns. Still, our elections set the standard for internal democracy in Kenya.

The elections were not merely a coronation, and candidates had to campaign seriously for their victories. The Independent Electoral and Boundaries Commission conducted and supervised the election, to ensure high standards in the exercise. Defeated candidates, like yours truly, were quick to concede defeat, congratulate the victors, and pledge to support them.

And victorious candidates were magnanimous in their acceptance speeches, and focused on the service they need to render members in the new term. Internal democracy always confronts challenges, including how to ensure unity and inclusivity in the body holding elections, as well as diversity and real choices and how to empower voters without alienating losing candidates.

To manage these centrifugal and centripetal forces, there is a wide spectrum of approaches to “internal democracy”, from manipulated democracy at one extreme, to liberal democracy at the other. In between, we have other approaches with varying degrees of voter freedom, including negotiated democracy, managed democracy and corporate democracy. The focus in Kenya has now shifted to the impending ODM elections.

Due to a recent court decision in a petition filed by smaller parties in which I participated, the door is now open for the ‘Big Three’, namely TNA, ODM and URP, to each receive a share of Sh210 million less five per cent. Once these funds come in, these parties will not just be the property of their “owners”, sponsors, or even members. They will, to some extent, become public property, with a public interest in ensuring that taxpayers’ money is spent efficiently in fostering democracy. Key indicators for internal democracy include real choices to members, absence of boardroom-drawn line-ups, secure list of delegates or definite electoral register, and real oversight of elections by an independent body.

Where IEBC is not utilised in conducting party nominations, the party must show that it has an independent elections board capable of setting standards commensurate to IEBC, in terms of ballot boxes and papers, additional polling material, trained polling officers, adequate technology and facilities for voting, fair procedures and adequate codes of conduct, competent tallying of votes and accurate declarations of results.

It cannot be that, long after party nomination dates have closed, little effort is being made to print ballot papers, largely in the hope that some candidates will drop from the race or to foster planned chaos. It cannot be that the logic of unity is used to disenfranchise party members and to strip candidates of their political rights.

The lesson from LSK’s election is simple: hold real elections, give members genuine choices, and add a dose of maturity and clever process-management, and the body emerges stronger from the elections. We hope ODM sets the standard for the other parties.