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Could this be the reason Kenya is a third world country?

The new constitution marked the culmination of almost five decades of struggles that sought to fundamentally transform the backward economic, social, political and cultural developments in the country,” former Chief Justice Willy Mutunga said. He was referring to the 2010 Constitution of how it could foster growth in all spheres that build a country. Kenya has made democratic milestones in terms of adoption of a progressive and inclusive 2010 constitution  and a devolved government.
L-R: President Dr William Ruto, Chief Justice Martha Koome and National Assembly Speaker Moses Wetangula when they launched the Judiciary and Administration of Justice Report at the Supreme Court, Nairobi on November 4, 2022|PCS

There are still some aspects of the level of our democracy that need to be addressed. Well, Kenya has experienced a lot of back and forth transition in democracy. Democratic rights are yet to be fully consolidated. For instance Kenya is ranked a third world country with a Gross Domestic Product (GDP)of $278.20 billion 2023 comparing it with US a first world country with a GDP of $27.36 trillion 2023 and it is ranking of democracy is among the best democratic states, Kenya is far much below in developments and democratically. 

All other factors kept constant let’s examine the progress of our democracy and the role of our constitution in creating these disconnect.
Democracy is the government of the people by the people for the people,” -Abraham Lincoln.  After every five years, Kenyans exercise their democratic right in participating in general elections to elect their leaders of choice. The kind of leaders we elect are core determinant of the progress and development during that period. It has been evident that soon after leaders are sworn in and commissioned to perform their duties, Kenyans are always whining of the regime in power. The question is do we really enjoy our democracy as prescribed by the constitution?

Many Kenyans have been wronged with regard to the motivation behind waking up early in  the morning, queuing very long lines, enduring scorching heat, starving the whole day, to make sure they cast their vote.

If you happen to ask some of them why they are choosing a certain politician over the other, they don’t have a clear distinct reason. There are others who vote just as a ritual after every five years. There is this other group who is usually brainwashed and manipulated by politicians who act to have compassion and being kind-hearted with their act of charity and at most times they are not genuine. 

Many have embraced these culture which is a great impediment to our democracy and good governance. It is hard to find an honest and genuine leader having been elected whose manifesto concern Kenyans and who has matters of citizens at heart.

The constitution through the Registrar of Political Parties in political parties act says Kenyans have the right to form political parties of their choice. The formation and reformation of political parties have been on the bases of ethnicity and identity politics, which is a huge challenge in democracy's growth to foster national values and development.

That notwithstanding, political party influence is another threat. Many are swayed away with the current famous party during the campaigns. The 2022 general elections statistics for Central Kenya show that, the current ruling party UDA secured many seats especially for members of parliament where forty two out of forty five were from UDA, comparing these with 2017 statistics forty one out of forty four were from Jubilee party the famous party then in the region.
Notably, the constitution has been able to address some challenges of development and democracy. It is comprised to address long-standing issues; a devolved government, equalization fund for marginalized regions and establishing a government that reflects on Kenya's diversity.

All the same, there has been no coherent approach to address ethnic divisions. Ethnicity has pushed Kenya in a mess of pre and post-election crises especially for the presidency that has caused a lot of damages to our democratic and economic growth, through chaotic demonstrations, protests and boycotts. 

You find that many Kenyans prefer electing someone whom they share language, culture and ancestry. The question of who is not or not a member of an ethnic group plays a crucial role in deciding how to vote and the type of right and favor they should enjoy at the local level. Ethnicity has promoted the culture of impunity, of electing leaders who have been associated with indictment of crime such as corruption cases of huge sandals, even to an extent of faking certificates and yet you will find them in offices.
 
The principle of free and fair elections is legally enshrined in Kenya's constitution and provided for in the Elections Act and Political Parties Act. 

The independence, professionalism and dedication of election officials plays a vital role in guaranteeing the credibility of elections results. In the successive elections we had crises and conflicts with regard to presidential results, blaming the Independence Electoral and Boundaries Commission (IEBC) for negligence. In 2022 general elections, we witnessed division in the IEBC commissioners precisely on presidential results and Kenyans were left in dilemma on who to believe. The IEBC officials should maintain integrity to imbue the electoral management body with credibility and trust, thus fostering democratic growth.

Citizens play a key pillar in enhancing national values, growth and governance. They ought to participate in decision making and in in the implementation of policies. Some Kenyans rarely participate in public participation debates and there are others who are never concerned with their rights, get to know the bills been implemented by the parliament and constitutional amendments. 

Recently, the Judiciary and the Executive had a head on battle with matters to do with public interest precisely on Housing Levy tax. If you ask some Kenyans whether it was for or against their right, many of them don’t know. Others term the constitution as too progressive with its implementation thus pay no attention to its violation and amendments.

In conclusion, it’s time we continue embarking in building and promoting our democracy. I believe that having fully exercised our democracy, by everyone participating in their role with integrity and honesty right away from the IEBC officials, leaders and citizens, we shall defeat the giants chocking democratic transition. A nation that fully exercises and enjoys the pyrite of democracy is the genesis of good governance for development.

OPINION By WANGARI FAITH, Chuka University

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