New laws will test the strength of our democracy

The 2017 general elections is already taking shape with politicians taking advantage of every opportunity where Kenyans gather to popularize themselves. It doesn’t matter if it is a burial, the dead can wait as they whip the emotions of the living. But the 2017 poll will be different because of the many laws that are expected to shape its course.

Since we shifted to multiparty politics in 1992, general elections have been characterized by rigging claims and complaints about its undemocratic nature. This gave impetus to what had already begun as the second liberation; a need to truly free the country from the anti-democracy forces. This fight has been bloody and many died in the fight for second liberation and others like Matiba ended up paralyzed.

Until recently the need to ensure absolute democracy was largely about individuals but the passage of important laws such as the Election Laws (Amendment laws) and the Election Offences Act that have shifted the weight from key political figures to institutions. With these laws Kenyans through the institutions mandated to implement them can demand for real democracy. The test nonetheless lies in the ability to implement these laws.

If the launch of the Jubilee party has proven anything, it is that political parties have a war chest of money to succeed in the coming elections, and it is almost certain that CORD or a new opposition coalition will respond in kind. This effectively puts on spot Independent Electoral and Boundaries Commission’s (IEBC) assertion that they will cap the spending for aspirants and political parties. This was to ensure fairness among political aspirants and political parties. It’s still not clear how they intend to achieve this mammoth task.

Additionally the passing of the Elections Laws (Amendment) Bill, 2016 removes the requirement that IEBC commissioners must be Kenyans. That is, foreigners can be appointed to the electoral commission. This is supposed to restore confidence in a section of the electorate that feels nationals are likely to be compromised. If indeed the team that will conduct recruitment goes for this option then 2017 poll will be the first of its kind.

Also the Community Land Act that was part of a number of bills signed into law by the president throws the spanner into the works considering how emotive land issues are in this country. Already a section of the opposition led by CORD leader Raila Odinga is calling for the implementation of the Truth Justice and Reconciliation (TJRC) report which looks into the issue of land injustices following the 2007/08 post-election violence.

In the months that lead up to general elections political aspirants dish out land to potential voters in a bid to win elections. In some cases, the squatters are duped and end up spending decades fighting with others claiming ownership of the same land. The Community Land Act therefore is likely to tame this menace because it protects community land from the activities of rogue politicians and allows for counties to oversee any transaction.

And that two lobby groups have sued the Attorney General, Speakers of both Senate and National Assembly over their failure to enact the two-thirds gender rule is something that changes the whole political equation. But as we await the court ruling on the matter perhaps the electorate should be advised that these problems are partly their fault. If Kenyans would trust women with leadership and elect them for office we wouldn’t need to have an affirmative action.

The 11^th Parliament though failing short of passing the two-thirds gender law has done its best to ensure important laws have been passed to aid in strengthening our democracy. However, the true test and effectiveness of these laws and resolutions will be seen in the months leading up to the general elections. Will democracy have its way this time round?

Posted by Mzalendo Editor on Sept. 16, 2016

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