Institutionalizing Political Parties in Kenya

Home , Democratic Party (Kenya), Kenya National Congress, Rarieda Constituency, Westlands Constituency

Friedrich Ebert Stiftung (FES) Institutionalizing Peponi Road P.O. Box 14932 - 00800 Nairobi Tel: 3748338/9 POLITICAL Centre for Governance and Development (CGD) Riara Gardens, O! Riara Road P.O. Box 4037 - 00506 PARTIES Nairobi Tel: 3861813/4 in Kenya Institutionalizing Political Parties in Kenya

in Kenya

es Parti

cal Politi Institutionalizing Institutionalizing ii Political Parties in Kenya E-mail: [email protected] Tel: +254-020-312328 Sunburst CommunicationsLtd DESIGN &LAYOUT Published 2010 ISBN: 9966-957-43-X © FRIEDRICHEBERT STIFTUNG(FES) E-mail: [email protected] Telephone: 254-020-3748338/9 Nairobi, Kenya P. O.Box14932 Friedrich EbertStiftung(FES) PUBLISHED BY: Institutionalizing

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Introduction Funding of Political Parties in Kenya Introduction Parliamentary Standing Orders The Political Parties Act The Political Parties The Constitution Introduction Intra-Party Democracy in Kenya Elements of Intra-Party Democracy Role of Parties in Policy-Making Political Parties and Socio-Economic Development Parties and Political Development Representation Function Political Socialization Function Parties and Political Education Recruitment Function Mobilization Function

Institutionalization of Political Parties Cross-Party Platforms Recommendations Political Parties: the 2007 Elections and Post-Poll Chaos 8.1: 7.2: Party Financing 7.1: 6.4: 6.3: 6.2: Legal Framework for Political Parties 6.1: 5.2: Intra-Party Democracy 5.1: 4.8: 4.7: 4.6: 4.5: 4.4 4.3: 4.2: Introduction and Research Methodology Framework for Analysis of Political Parties in Kenya Historical Context Role of Political Parties 4.1: 9: 10: 11: 8:

and Acronyms List of Abbreviations Foreword 1: 2: 3: 4: Table of Contents of Table Institutionalizing iv Political Parties in Kenya ListofAbbreviations andAcronyms UNDA PNU ODM-K ODM NGOs NARC NAK MP KPU KENDA KBC KAU KANU KADU KADDU IPPG FORD-People FORD-Kenya FORD-Asili FORD ECK DP United NationalDemocratic Alliance Party ofNationalUnity Orange DemocraticMovement-Kenya Orange DemocraticMovement Non-governmental Organizations National RainbowCoalition National Alliance PartyofKenya Member ofParliament Kenya People’s Union Kenya NationalDemocratic Alliance Kenya BroadcastingCorporation Kenya African Union Kenya African NationalUnion Kenya African DemocraticUnion Kenya African DemocraticDevelopmentUnion Inter-Parties ParliamentaryGroup Forum forRestorationofDemocracythePeople Forum forRestorationofDemocracyinKenya Forum forRestorationofDemocracy-Asili Forum forRestorationofDemocracy Electoral CommissionofKenya Democratic Party Institutionalizing v Political Parties in Kenya elec- which in on participa- votes their information democratic cast to and providing public (by the democracy of encouraging communication principles and the and on mobilization education leaders political political political out out

tion; their selection of candidates before them); the voters may base tions; • carrying • carrying Political parties are the vehicles of representative democracy. They play several critical roles roles critical several play They democracy. representative of vehicles the are parties Political These include: democracy a reality. to make representative • state (by participating in Parliament); societal interests within the representing • socializing Although political parties are expressions of social structural conflict situations (cleavages), cross- positive generate to capacity the have institution democratic other any than more they cutting cleavages by aggregating diverse interests rather than articulating specific ones. Po- democratically other any or socio-economic articulate to failed have Kenya in parties litical acceptable ideological cleavages and have tended to articulate interests intensifying already existing societal divisions, tensions and conflicts. thereby, on ethnicity, the basis of In the context of dissent and diversity in the social order and body politic, parties are sup- posed to of be a ‘parts’ whole and should pursue the interest of their members and the na- engage which factions to contradistinction in is This principles. agreed within interest tional in vicious and selfish struggles for control of government positions and benefits. Political parties in Kenya have tended to behave more like factions than parties. However, the However, reintroduction of multiparty politics in December 1991, though a huge step merely democracy, representative competitive a becoming towards journey country’s the in parties The ineffectual. remain which of most parties political of proliferation the in resulted coherent articulate to failed also have They roles. traditional their in dismally performed have practice and following national establish programmes, political concrete develop ideologies, election at of heard only vehicles, electoral as serve best at them of Most democracy. internal down elections multiparty four Indeed, elections. between in contacts known no with time, a full-fledged representative democracy. the line the country is yet to transit into - overem be therefore, cannot, process democratic the in parties political of importance The phasized. The agitation for the repeal of section 2A of the constitution, which prohibited the existence of parties other than the Kenya African National Union (KANU), was at the core of the struggle for democratization, which preoccupied Kenyans in the late 1980s and second the labeled was parties political many have to right the for struggle This 1990s. early colonialism). liberation (the first being liberation from • political leaders; recruiting • interests; aggregating and articulating • by presenting alternative policy platforms; and promoting pluralistic debates • groups within a country into a cohesive nation. integrating the diverse Foreword Institutionalizing vi Political Parties in Kenya Executive Director, CGDResidentRepresentativeFES Kennedy Masime process. quality control. We also thank Felisia Muyia at CGD and Sophie lins Njagi Odote, Programme at Manager at FES FES guided for the researchtheir process role and was in instrumental for the of political parties and for preparing this publication and Bosire Nyamori for editing it. Col- We would like to thank Dr. Richard Bosire for undertaking the research on institutionalising strengthening efforts. and other key governance stakeholders into fast tracking party reforms and also inform party parties political galvanize Wewill forward. it way that the hope recommends and them, to available opportunities the and Kenya in two parties facing past challenges the the discusses decades, in especially - development political and socio-economic country’s the to contribution their assesses them, characterizes parties, political defines It end. this towards (FES) Stiftung Ebert Friedrich the and (CGD) Development and Governance for Centre the development. political and socio-economic the in role their especially democracy, of institutions as parties political on situation governance country’s the on focus the turn to need urgent is There the displacementofanother500,000. resulted in widespread post-election violence that led to the death of over 1000 people and through to the 2007 General Elections when a dispute over the tallying of presidential votes 2005, in referendum constitutional the to leading period the in magnified especially was heightened further have perceptions which of corruption, ethnic and inequality patronage and/or in exclusion indulge within also the but political emotions system. This ethnic phenomenon to appeal parties seen only not has platforms policy or ideological of absence The is a modest contribution by contribution modest a is PoliticalKenya PartiesInstitutionalizing in Dr. PeterOesterdiekhoff Institutionalizing 1 Political Parties in Kenya - - pre-independence; are: In a democracy, parties not are In a democracy, serving to and limited only personalized, they Rather, of the elite. the interests norms procedures, rules, structures, have and principles. phases These political party. Most definitions dwell on- struc milestones. political major of

Introduction understanding

better The Kenyan political Party landscape has undergone fundamental change from the independence period to date. In explaining how the focus of parties have changed over the years, it is useful to divide the period into phases. This offers a power. But this may not necessarily always be correct. In a democracy, parties are not personal- not are parties political maintaining and democracy, seeking for instruments elite-owned as parties view a analysts Some In correct. be always necessarily not may this But power. rules, structures, have they Rather, elite. the of interests the only serving to limited and ized, elites for just not coalitions, levels institutionalized all are they at Also, found principles. are and norms structures procedures, or machinery formal Their down well. way as members the of all mass the indeed for and but ward, constituency, district, regional, national, activity- political of to the grassroots. They operate within specified legal frameworks that define their member inef- party suggests politics Kenyan of analysis Surface of myriad a to due consolidation little and fectiveness personalization ethnicity, being ones main the factors, of institutions and excessive focus on power rather than policy engagement and service to the people. They are often overly manipulated to address short- term goals rather than inculcating enduring democratic culture. There is no universal definition of the term the be to appear These parties. political of aspects constitutive key the and purpose and ture salient attributes of a political party and although their choice is arbitrary never they may, theless, offer a clearer explanation of what a political party is. Parties could be viewed as organizations that contest elections and engage in other public activities designed to share in staffing government and in influencingpolicy. They possess an identifiable supporters. generate a cadre of label and discipline. and rules operational and base, financial functions, and roles composition, ship, 1 During the pre-independence period, their main focus was magnification of the peril and promise of democratic governance. They embodied nationalist sentiments and vehemently post- the of years first the In subjugation. colonial from countries of emancipation for fought independence period era, parties developed an inclination towards one-party governance status, but in spite of this , embraced and practiced reasonable democratic practices. In the period 1970-1990, parties lost all pretensions to democracy and became personal tools of the of proscribing and formation the surrounding events the by typified leaders, authoritarian Kenya Union People’s (KPU), lost and their consequently, savor as democratic institutions. Political competition was almost entirely suffocated and only the Kenya African National and late 1991 to present. post-independence (1963-1969); 1970-1990; Institutionalizing 2 Political Parties in Kenya a leadingroleingovernance,democratisationanddevelopmentefforts. As the country gears for a new constitutional dispensation, political parties are expected to take cal partiesfurther. violence. It then recommends options for reforms that if implemented could strengthen politi- 2007, and their role in the events leading to the December 2007 elections and post-election internal functioning, their contribution to socio-economic development in the period 1991 to litical parties, their socio-political and economic environment, their registration, the key findingsfinancing, of that study. and To achieve this objective, it focuses on the status of Kenya’s po- assess the levels of institutionalization of political parties The in Friedrich Ebert Foundation and the Centre Kenya. for Governance and Development, sought This to publication summarizes tion, politicalrepresentationandmobilization. formula- policy organization, and aggregation, interest socialization, political recruitment, retain power. Political parties in a democracy have several functions that include leadership and capture to strategizing to limited not is parties political of role the as concern for cause implementing policies once in office or undertaking the core roles of political parties. This is ing themselves more with consolidation and retention of power rather than developing and concern- alliances, tribal or outfits personal as operate still parties political that concern is there and trajectory this off way,taken the have Along functions. they generic their formed per generally and agenda national and preferences public organizing in critical seemed Kenya became a multi-party state and hitherto, parties have had mixed results. Initially, they gineered constitutional changes in 1982 to make Kenya a Union (KANU) remained as the dominant party, and later the only political party, after it en- de jure single party state. In 1991, - Institutionalizing 3 Political Parties in Kenya institutionalization of political nstitutional values and practices and practices nstitutional values i should not be at cross-purposes with cross-purposes should not be at but rather and values, norms democratic each other as the former complement finds its basis in the latter. - Institutional processes are critical in the analysis of - behav Methodology

Framework for Analysis and Research Research and Analysis for Framework

Another salient aspect of organizations is their institu- their is organizations of aspect salient Another character. distinctive a them gives this as tionalization By dint of this, institutions are enduring and outlive par political to germane is view This leadership. their The most important contribution of organization theory or the institutional approach is its emphasis on the environment. Organizational theorists privilege the close interactions of organizations and their environments- physical, social, cultural, legal and political. Just as undergo will interactions internal and external to subjected institution an systems, living all dynam- environmental these to adapt and learn not does institution the If changes. structural ics, its systems may disintegrate. As such, political parties must navigate the re- as such environment needs other and survival with accordance in adapt fore, the at interests their with electorate. election and gaining support among the Another important variable that influences institutional life and health is institutional processes such as decision-making. Organisation theory views large human organizations as ‘living systems’, with internal and ex- and internal with systems’, ‘living as organizations human large views theory Organisation not are parties political Although closure. their define that boundaries as well as milieu ternal large these to akin features with institutions social are they organizations, typical as identified approach. and thus merit analysis using this organizations According to organization theorists, an organization’s leadership is critical to its success. The institutional leader is able to weld members of with the a great purpose polity, sense and of commitment. identity, Just as in organization other institutions, into a “committed political party leadership has the obligation to ensure that vital institutional interests, that keep members’ vision and aspirations in focus, are in tandem with political interests and intrigues that characterize the environment of politics. In this context, institutional values rather but values, and norms democratic with cross-purposes at be not should practices and complement each other as the former finds its basis in the latter. parties, is about. ties. They are viewed as institutions and not merely organizations that can be abandoned without impact on the greater good of society. For outcomes. institutional and decisions of source the are they as institution an of traits ioral instance, how decisions are made in political organizations will invariably influences their

This study adopts organization theory as a framework of analysis. The reason is theory’s that framework the focuses on operations, motivations, as well as internal structures of institutions, and which is external precisely what this study, 2 Institutionalizing 4 Political Parties in Kenya political partiesandotherstakeholderinstitutions. interviews and focus group discussions with a non-scientifically drawn sample of leaders of The information in this booklet was gathered from secondary sources of data, augmented with that should be the focus of reform, but also structures, such as ensuring election boards work. tation influence the choices and interests of parties, such that it is not just the political leaders that both interests and power are shaped by institutions. Internal party organization and orien- and objective interests of the institutions they lead or to which they belong. They rather argue Institutional theorists do not accept without interrogation the claim that actors have universal nize theprocessesandpracticestherein. political parties, one needs to consider the decision-making chamber of the party and scruti- of institution the understand to Thus, goals. avowed their achieving in success and stability Institutionalizing 5 Political Parties in Kenya Because of the Colonial Government’s Government’s Because of the Colonial imperviousness their demands, to changed tact to and resorted Africans the through mainly struggle, armed in 1952. Mau Mau uprising

in Kenya Historical Context of Political Parties Political of Historical Context

The Mau Mau uprising and Africans’ unceasing demands for political freedom and economic and freedom political for demands unceasing Africans’ and uprising Mau Mau The opportunities the forced Colonial Government to lay down a framework for independence, Constitution of 1954. The corollary of this was that in 1957 elec- embodied in the Lyttelton Daniel including elected, Africans eight saw these and franchise limited a on held were tions Because of the Colonial Government’s imperviousness Government’s Colonial the of Because the through mainly struggle, armed to resorted and tact changed Africans demands, their to activity political Mau Mau uprising in 1952. The response of the Colonial government was hostile swift African and country-wide banned 1952, in emergency of state a declared It brutal. did it Ironically, associations. political banned the of leaders the detained and imprisoned and African the battling was it Taita where Kenya Central except as level district at activity such political proscribe not organizations, political district-based emergence was and result The Party, Mau. Independence Mau District Baringo gen- Party, the Progressive was African organisation Nakuru political Union, This Democratic 1950s. mid the in fact Party the Independence by District reinforced Nandi also the was This landscape. political national the haunts that tribalism of boundaries district esis delineate to policy rule and divide infamous the used state colonial the that on ethnic basis. The Colonial State formulated and implemented oppressive and discriminative policies against policies discriminative and causing oppressive servitude, implemented to and formulated subjection State and Colonial representation The of denial land, of alienation as such Africans, their voice to began Africans affairs, of state unfair this confront To impoverishment. massive and (KCA) Association Central Kikuyu African as of such groupings consideration political organized for through agitated concerns associations These (YKA). Association Kavirondo in Young representation direct the as well as opportunities economic and educational greater claims, land African first the appointed authorities colonial the result, a As (Legco). Council Legislative the in (LEGCO) Assembly Legislative the to representative programmes and activities their at look closer A 1944. were and outlook national lacked groupings the show organizations. welfare significantly, and simultaneously, mobilise effectively and possibly not could this of Dint formation hence oppression, political against Africans be- later that (KCA), Union African Kenya outfits such of came KANU. though their activities were often met with heavy resistance and severe reprisals from the state. state. al- parties, numerous of formation the underlay state post-colonial and colonial the Oppressive from reprisals severe and resistance heavy with met often were activities their though and imprisoned and parties political of emergence the banned and restricted often state The detained their leaders, thus suffocating political organized opposition that would fight eco- and other injustices. political repression, alienation of land nomic inequalities, 3 Institutionalizing 6 Political Parties in Kenya The Government KANU was repressive intolerance to dissent, withinand and anti-democratic. There was ment ofpoliticalparties. develop- and emergence the party.curtailed the This by reversed be often could decisions assembly,national the above elevated also was party The stamp. ber Parliament’sthat such of the party to the state, whereby the president made decisions and the party became a rub- grounds for recruitment for party and national leadership. There was also the subordination fertile form democracies mature in which society, civil and groups interest of role the on Tradeframework. party the outside limitations imposed was there and banned were unions and within dissent, to intolerance was There anti-democratic. and repressive was ernment Gov- KANU The 1969. KPAin of ban the of aftermath in 1970s the in prevailing those to a became country the after and to leading a made which 2A, section introduced and Constitution the amended Parliament attempts, similar other Toforestall 1982. in party ist gi Oginga Odinga and George Anyona Moseti unsuccessfully attempted to register a social- To break the KANU stranglehold on power as well as introduce competitive politics, Jaramo- with itsoppressiveonslaughtontheoppositionandin1969KPUwasbanned. KPU legislators were re-elected, including Oginga Odinga. The KANU government continued of Parliament who supported KPU. The by-election was whose heavily ticket they won manipulated elections, to seek such a fresh that mandate. This affected only twenty nine members nine on party the from defected who members requiring amendment, constitutional a managed leadership struggles, and the repression of dissent within KANU. Subsequently, KANU stage- In March 1966, Kenya People’s Union (KPU) was formed as a result of ideological differences, short-lived intheimmediateperiodafterindependence. an onslaught orchestrated by the KANU regime. Thus, competitive party politics in Kenya was became a republic. KADU dissolved and some of its members joined the Cabinet as a result and of in 1964, after change of the constitution, by among others, abolishing regionalism, Kenya were held in 1963 and KANU won majority seats. In 1963, After negotiations for Kenyan independence at the Lancaster Conference in 1962, elections the country attained independence, composed ofminoritytribes. main political parties to be formed in 1960, KANU, composed of majority tribes, and KADU, nation by the larger tribes- Kikuyu and Luo. The split of AEMO was the forerunner to the two The smaller tribes- the Kalenjin, Maasai, Luhya, Miji African Kenda Elected and Members’other coastal Organization tribes-feared (AEMO) domi- in 1959. emancipation of Unfortunately,Africans, the eight African members AEMO of Legco constituted did themselves into an not last long. Arap Moi and Oginga Odinga, to LEGCO. In order to foster unity and continue the struggle for outside the party framework. outside theparty competition wascompletelydiminished. ficult or altogether impossible, and inter-party political dif- became organization political rule, autocratic its era, the KANU Government continued and intensified the During state. party one came to an end in 1982 when Kenya became a facto single-partyism throughout the 1970s and which This ban of KPA in 1969 ushered in a new dawn of single party state were somewhat similar somewhat were state party single jure de single party state. The political climate political The state. party single jure de single-partyism facto de de jure de Institutionalizing 7 Political Parties in Kenya overcome. to yet is politics Kenyan situation a ipso facto, been inequitable since the beginning of democratic; being of short far fall Party loyalists and ethnic kingpins were rewarded with ministerial positions in the aftermath aftermath the in positions ministerial with rewarded were kingpins ethnic and loyalists Party became Patronage date. to prevails which practice a 1992, in elections multiparty first the of national and party milieu, this Under politics. national and intra-party in currency main the elections In 1991, section 2A was repealed and Kenya became a multi-party State. Numerous parties Numerous State. multi-party a became Kenya and repealed was 2A section 1991, In re- on based were parties the of Many emerged. power from from KANU support dislodging to view drawing a with movement, mass a as began FORD Only considerations. ethnic or gional national FORD’s However, party. national of semblance a had hence and groups ethnic most elec- divide 1992 Moi’s the by engineered before allegedly wrangles, leadership FORD-Kenya, of Because and short-lived. was parties-FORD-Asili appeal two FORD-K into for split supporters FORD most tactics, while rule tribe and Kikuyu the from support its most drew FORD-Asili tions. and Luhya tribes. hailed from the Luo Another important factor that affected the emergence and growth of political parties was the nature and operations of the colonial and post-colonial administration. The centralized administration, inherited from the colonialists, operated and still operates as the arm of the executive, while district-oriented faction-ridden political parties, an emblem of the divide subsequent and Kenyatta the of assets became legislature, impotent an and strategy rule and administrations. Some of the measures taken that affect the operations of political parties to date include registration of political parties and licensing were subject of to manipulations public and often meetings, under direct which influence of the executive to wade off opposition. The expectation that between resources other parties and power of distribution The myth. a then was state would the challenge become autonomous institutions to the government and the opposition has, Likewise, those perceived to be opposed to the party and national leader were punished by punished were leader national and party the to opposed be to perceived those Likewise, being denied access to resources, especially government services and development funds, and as communities or regions. both as individuals colonial rule. Institutionalizing 8 Political Parties in Kenya democratic systems ofgovernment Political are thelifebloodof parties 4 roles areperceived asrequisiteandmustbeperformedinaspecifiedmanner. contextual factors as well as the level of political development. In an ideal democracy, these politicalanother,onesystemfromtovary roles These cohesion. national onbased towards ate. Issue-voting or identifying with a political issue supported by groups and making it the it making and groups by supported issue political a with identifying or Issue-voting ate. elector the to important issues packaging and articulating by effectively mobilize Parties process servestoinformthe electorate onpartypositionsissuesofnationalinterest. This parties. of right basic the as accepted is competition electoral where democracies ern mocracies, by selling partisan messages and appeal. This is done without a problem in de- West representative - in holders office for vote and out turn to electorate the mobilize Parties ments ofthepartyandismostlydeliberateongoing. Mobilization in developed democracies is mostly dependent on formal institutional arrange- Introduction and partyprogrammes,planning,perspectives. members and even non-members. They do so by informing the public about government or/ among support galvanize and opinions public shape parties political role, their of part As 4.1.1: PartyMobilizationinDemocraticSociety 4.1: Mobilization Function tion of economic and political governance. The functions of political parties include representation The role of political parties in any polity underscores their necessity as institutions of social, government, mostlytheoppositionparty. outside parties or party the by represented are interests minority the contrast, In parties. of interests of the majority. Alternatively, majority interests could be represented by a coalition the party in government is assumed to be the majority party and is assumed to represent the Political parties are the lifeblood of democratic systems of government worldwide. Typically, societal and Role ofPolitical Parties communication; interests worldwide. in legislatures; recruitment political networks. networks. social through processes mobilization ongoing already find often mobilization formal at attempts that extent the to persuasion, as such advantages party informal and formal both by effected ismobilization that able argu - is It information. political of flow the in role otal piv- a play parties mobilization, political of agents As of political socialization leaders; and policy participation; formulation; political and working educa- - Institutionalizing 9 Political Parties in Kenya - obilization is not based on enduring enduring is not based on obilization m party loyalties. Rather, it is often a it is often party Rather, loyalties. temporary phenomenon, which fizzles of the realization after ‘shortly’ away specific purpose. party identification also simplify voters’ choices and thus making it easier for . Thus, in mature democracies, the nature of societal interests interests societal of nature the democracies, mature in Thus, success. and targeting During mobilization, promises that parties outline to the electorate aim at appealing to differ to appealing at aim electorate the to outline parties that promises mobilization, During However, such mobilization is not based on enduring on based not is mobilization such However, party loyalties. Rather, it is often a temporary phenomenon, which fizzles away ‘shortly’ after realiza- the or power in party the that Kenya in case the been often has It purpose. specific the of tion dominant member of a coalition often uses state resources, including government vehicles and funds, the Provincial Administration and other civil servants, the between struggle and a in position party/government the for security support mobilize and campaign agents to government and opposition parties. the to run-up the during example, For process. mobilization the aiding invariably tribes, ent 2007 elections, the debate about how to decentralize power was interpreted differently by The mobilization role of parties in Kenya is often impact. and appeal their effective concretize to ethnicity especially cleavages, ethno-cultural on depending and on issue saliency Issue-based mobilization such as the independence struggle, the agitation for multi-party democracy in early 1990s, and constitutional review referendum (2005) or any other issue of have national often importance, attracted phenomenal support from the citizenry. 4.1.2: Parties and Political Mobilization in Kenya 4.1.2: Parties and Political Mobilization Nevertheless, mobilization is affected by social and environmental factors that have to do with do to have that factors environmental and social by affected is mobilization Nevertheless, locales. party dominance or advantage in some them to go out and vote. Citizens use parties as a “means of drawing inferences about the voters between linkage a provide also Parties stands.” policy and characteristics candidates’ process lays bare these linkages. and their representatives. Party mobilization Parties and Parties, especially in Western democracies, brand messages that maximize support for them them for support maximize that messages brand democracies, Western in especially Parties, in accurate as perceived be would mobilization party to approach rational A election. an in of terms should have a direct relationship with the content of political issue-based mobilization. communication aimed at Party ideology is often one of the key instruments of political mobilization. Ideology generally generally Ideology mobilization. political of instruments key the of one often purpose is main ideology Party the with programmes, political and objectives specific belief, of systems to refers action. of legitimizing political Nascent party organizations have incentives to stimulate citizen participation in democratic in participation citizen stimulate to incentives have organizations party Nascent electing of likelihood their greater the mobilize, to able are they voters more The governance. their candidate. focal focal point of the campaign is often a norm in democracies. Western This may also attract party. to the resources financial 10 Institutionalizing Political Parties in Kenya often weak asinstruments ofpolitical rather than follow party ideology,rather thanfollow party are Most parties that follow theirleaders’Most parties positions onsalient national issues, issues. Consequently, thisunderminesthe vitalityofpartystructuresinshapingdecisions. national important on members’preferences and processes party of saliency the overlooks often tendency This Kenya. in parties of disintegration and polarization for reasons main the of one is This mobilization. political of instruments as weak often are ideology, party Most parties that follow their leaders’ positions on salient national issues, rather than follow as activistgroupsweredeployedintheprocess. afford. Likewise, parties have evolved structures relating to mobilization, committees as well greater proportion of their resources in political advertizing, which smaller a parties could spent not PNU) and ODM-K, (ODM, parties major The voters. mobilize to (SMS) messages text telephone and e-mails billboards, posters, leaflets, sound-bites, radio and broadcasts television live used parties elections 2007 the to run-up the in instance, For advances. cal is it technologi- with pace although keeping be to parties, seems strategy mobilization among costly.This prohibitively popular most the as emerged has media, electronic other and print television, on especially mobilization, political of form a as advertising, Political ity intotherealmofdemocraticvaluesandethics,nationhood. at party level. This would also shift interparty discourse from the realm of power and ethnic- competition. This would significantly help inculcate fair play that would embed democracy interparty of improvement and consolidation democratic of process the of part be should media, state of utilization controlling especially rules, Strict syndrome. dependency aging dam- this remove help likely most would resources state of utilization fair and Legitimate during the2005referendumcampaigns. support attract and bribe to food relief used (KANU), predecessor its as just NARC, voters. resourcesbribe state to using by mobilization in reach their improve power in parties Also, KBC television andradiotopopularizetheirsupportfortheWakoused extensively Draft. cetera) et Ford-People, NAK, of coalition (a government the dum, referen- 2005 the for mobilization during example, For limited. are challenges, logistical new.not in were Campaigns mobilisation However,ethnic support. at Kikuyu attempts get to hoped PNU doing, so By settled. have they where places Valleyother Rift and the from interpreted the ODM programme on regional governments as a scheme to eject the Kikuyus as means of ensuring equitable distribution of national resources. In its campaigns, the PNU ODM and PNU. The ODM Party advocated for regional governments (Majimbo or Ugatuzi, mobilization. liberty, under these circumstances, with financial and financial with circumstances, these liberty,under at all. The options available for parties to exercise their none or publicity negative given often are parties tion opposi- while parties, of coalition party,or governing during election campaigns. State especially media often favor the coverage, in biases displays often (KBC), Corporation Broadcasting Kenya corporation, caster broad- state-owned The mobilization. political to cal criti- is owned, privately or state media, the to Access the 2005referendumfollowedthistrajectory. Institutionalizing

11 Political Parties in Kenya - re- and Parties election; activists system. for political political candidates socialize existing select and the They into recruit roles. citizens office; recruitment integrate appointive four and for fulfill holders; Parties candidates office select party and democracies, In 4.2: Recruitment Function4.2: Recruitment 4.2.1: Ideals of Democratic Recruitment In conclusion, one could argue that the ideal strategy and structure of mobilization by Kenyan by mobilization of structure and strategy ideal the that argue could one conclusion, In is prominent Most democracies. developed in practiced ideals the of short falls parties political access to public media. mobilization and fairness in terms of the lack of issue-based Party Party ideology is critical to political mobilization. Kenyan political parties espouse some ideological leanings, although they generally lack commitment in practice. For example, ODM, NARC-Kenya, ODM-Kenya, and KANU officials claimed that their parties arecon- cerned with equitable sharing of national resources, creating employment for the youth, extending social and health services to all Kenyans, establishing welfare programmes cushion to the most vulnerable in providing society, free education for all, et cetera. During avowed these address that slogans using effective been has mobilization campaign, election the reins of power. proverbial when the party gains maxims that often become political cruit There are legal requirements for nomination for election to a national office. In addition, other cer other addition, In office. national a to election for nomination for requirements legal are There Because parties are societal creatures, they are better placed to recruit political leaders for society in the purview of popular will, allowing the grassroots members to participate in the process. Parties are, likewise, constitutionally recognized as the ‘formal contestants of to as certification provide and declare to laws electoral by required are Candidates elections’. their party affiliation. One of the classic functions of parties is nominating of candidates for office at all levels of government. Party constitutions as well as national electoral laws determine eligibility of on focusing by analyzed is function recruitment party Thus, offices. electoral for candidates developed In electors/delegates. or publics by either done is which process, nomination the democracies high-ranking such party as organs do Germany, not have a decisive influence dictated not is selection Candidate do. groups leadership local but processes nomination on from above or imposed from outside, but is largely vested in parties’ grassroots circles - organiza small only by predetermined and prepared usually are decisions their although tions, of local officials. Interference from top party leadership often generates resentment from local leaders. For parties to remain relevant they must recruit not only like-minded individuals to run for office under label the but party’s also offer help in the form of campaign expertise, money, their chances of winning. to increase and other resources perform this function in order to ascend to power. perform this function in order to ascend These by-laws. and constitutions, rules, internal their through parties by set are criteria tification viewed is evaluation Process party. with familiarity and loyalty, party membership, party include and transparency). vis-à-vis internal party democracy (fairness, simplicity, 12 Institutionalizing Political Parties in Kenya procedures exist onpaperbutare elements suchasindividualliberty, personal responsibilityandcommunitysolidarity. law,of rule the equality,of essential premacy responsibility,its justice, and liberty political su- as such norms and values democratic to, limited be not but include should education Topolitical need. role, this its meet accomplish to instrument ideal the are parties political and democracy of component necessary a as viewed is education political context, this In citizenry. the by participation effective and informed ensure to seeks education Political 4.3.1: ElementsofPoliticalEducation andPolitical4.3: Parties Education on intra-partydemocracy. section the in illustrated further as practice in flouted widely are but paper on exist cedures pro- and rulebooks democratic where parties institutionalized poorly in especially bodies, the between differences significant often are There caution shouldbetakenaspractice,inmostinstances,deviatesfromstructuralprovisions. in- some leadership’sThus, party choice. the of favor in in varied is However,majority the of choice the stances, members. party of hands the in rest largely locality each in sions centralized andgenerallyundemocratic. heavily are parties Kenyan that shows practice processes, recruitment their in democratic and open largely and decentralized are parties respective that stipulate constitutions party the electioneering process, both during single-party as well as in multiparty Kenya. Although Since Kenya’s independence in 1963, recruitment has been the most controversial feature of 4.2.2: PoliticalPartiesandRecruitmentinKenya party anditsleaders? internal party democracy? What effects does the process have on peoples’ perceptions of the there Is decides? who are: questions big The scholars. and practitioners of attention tracted Thus, the issue of espousing democratic principles in the recruitment process has always at- party members,oftenresultingindeclineorsplit. among discontent caused often has This elections. party during replicated often are logics recruitment These important. equally are cetera, et ethnicity, parties, other of candidates against winning of likelihood leadership, party in candidate of role loyalty,funding, party as such criteria Other meritocratic. necessarily not is Kenya in process recruitment Party d widely flouted inpractice emocratic rulebooks and ad i dcnrlzd rcse, oiain deci- nomination processes, decentralized in hand, other the leader.On party the of interests the serving continue to hierarchy party on positions high-ranked in or constituencies, favorable electorally into didates of patronage, enabling them to place their preferred can- power considerable and have PNU leaders ODM, party ODM-K, KANU, as such parties major In and jure de decision-making facto de Institutionalizing

13 Political Parties in Kenya posters, (advertisements, The dearth is The education of political the engagement by somewhat alleviated the NGOs, groups, civic education that institutions have media, and educational with the public. communication electoral politicians; party with contact direct Party governance portrays the existence of a yawning gap between ideals and practice. Also, practice. and ideals between gap yawning a of existence the portrays governance Party ever than now ethics, and values on especially education, political needs Kenya society, a as before. This might help counteract impunity and other problems and facing goals clear the ensure and country. Each activities of programme a strategy, a draw to needs party political purposes of political education to engage its members. Education on responsible citizenship, sanctity of the rule of principles law, of political democracy, tolerance and competi- be should reconciliation, and healing national unity, national rights, human for respect tion, among the critical issues. 4.3.2: Parties and Political Education in Kenya 4.3.2: Parties and Political Education Kenyan parties have generally not education seriously. taken There are political no established party programmes aimed at educating members on various issues of national concern as well as values in - dem ocratic governance. A semblance of serious participation in political education usually emerges during electioneering period. The dearth of political education is alleviated somewhat by the engagement that educa- and media, the NGOs, groups, education civic cognizance In public. the with have institutions tional to parties requires Act Parties Political the void, this of programmes. offer political education as part of their Political communication is critical to the formation of political will and taking of political decisions. Just as for political education, the overall aim of communication is to create a democratic political culture. To be effective, communication has to be openness. Communication between parties underpinned and citizens in Kenya occurs through by the mass commit- executive national the as such meetings party and rallies such events major media, tees, Also, political education’s goal is to attain consensus on critical party or societal/national issues. Any political community should reach consensus on values and ing principles guid- societal transactions and life. This is because social justice alongside and each are other, determined by and members of a Through polity. this process, political a order exist be to them requires turn, in society, process the in and society to close keeps party political political institutions. democratic and accountable The impact of political education could be demonstrated when people in a political system system political a in people when demonstrated be could education political of impact The embrace principles of democracy by living them or By behaving so democratically. doing, political education will have embedded a culture of responsible political behavior and accountability. at the party base. leaflets, etc); and meeting with members 14 Institutionalizing Political Parties in Kenya in consonance withdemocratic ethics Parties theirbusiness shouldconduct business inconsonancewithdemocraticethicsandvalues. their conduct should Parties values. wrong the with citizenry the socialized has elections, of conduct and opinions, divergent of tolerance violence, political and speech hate to tion rela- in instance, for themselves, conduct leaders party way The polity. entire the of bers mem- well as members party in inculcated are values negative whereby socialization, tive nega- encouraged generally time long a for have Kenya in parties political that evident is It communication, etcetera. political elections, of conduct leaders, party of pronouncements including functions other by the way it conducts its affairs. Thus, the party’s political the supply socialization of relevant role information, publicizing its is benefits or ideology,interwoven andwith actions exhibited The political party is expected to socialize its members or the citizenry in all these of thepolity,facets publicorder, legitimacy, justice,policy,through stability, andleadership. individual. It entails more than the formation of political opinions. It includes every Political dimension socialization entails a comprehensive process that touches the entire life circle of an influence. dren countability wouldflowfrom thelegitimatingandauthorizationprocesses. ac- Thus prevail. manifestos, and constitutions party by defined as interest, public the and or parties in power should pursue the cause of the people. Personal interests are suppressed party the and clear very are mandates elections, fair and free In representatives. and parties to handed accountability.are mandates which through methods the to linked is Legitimacy and authorization legitimacy,from of emanates questions which raises also Representation next electionnotwhattheypromisedtodoatthelastelection. re- be not the at approve may will constituents their think they what on they focus Similarly,may elected. they which to failure constituents, to the campaigns keep during made to promises strive representatives Party accountability. political ensures Representation parliaments. and agencies government in decision-making in supporters and members their of concerns society,modern in sible in dominant are that socialization of agents through reinforced and age early in acquired are Attitudes toward participation in political activity or respect for authority and rights of others 4.4: Political Socialization Function adulthood. to political Agents literature and values. of political . They espouse the views and views the espouse They people. the of agents as serve parties and ideologies; socialization and otherpublicfora. As directdemocracyisnotpos- government in and campaigns electoral media, ture, Legisla- the in it be spheres societal all in supporters In democracies, political parties speak and act for their 4.5 Representation Function religion; include: mass family; media; schools political as they parties; expose and chil- peer Institutionalizing

15 Political Parties in Kenya - The agitation for multiparty agitation The democracy 1990s was 1980s and early in the late political by accomplishment a great parties in this country. In the aftermath of these accomplishments, political parties that were now functioning as independent en- power, for struggle the started another, from one tities, which culminated in an overly landscape, polarized shaped by political personal, ethnic and regional interests. Although parties are expected to compete fairly for transformed power, the Kenyan contest into one politicians for personal and ethnic In supremacy. the aftermath, op- reforms, democratic for push to alliances concretizing of instead fragmented parties position a key element of political development. FORD, which was seen as the ‘second liberation’ party split into FORD-Kenya and FORD-Asili (and later FORD People) , while other parties Demo- Congress, Social Kenya KENDA, Congress, National Kenya Safina, as such emerged et cetera. cratic party, The agitation for multiparty democracy in the late 1980s and early 1990s was a great accomplishment by political parties in The this vision country. and momentum were initially respect, this In interests. other or ethnic sectarian, than rather interests national by motivated opposition parties remained united for the purpose of entrenching the country’s democratization process in of A 2 Section of repeal the following constitution, the the constitution. Thus, democratization and good governance have become core constitutive aspects of political of aspects constitutive core become life. have political governance of good realm and this democratization in Thus, role major a played have parties political Kenya’s focus and the development However, sovereignty. and independence for fight the in participated parties Political 1990. of this section is limited to the period after Political development could be conceived as the process toward democratization, one of transi- of one democratization, toward process the as conceived be could development Political creation the involves It society. a in players political by undertaken as consolidation and tion pol- mobilization, resource for capacity building involves to and ruled, the and rulers of attitudes the changing even and governance of institutions of also It life. in choices people’s reforms, enhance constitutional through accomplished be could These implementation. and icy-making strengthening parliaments, in representation improving processes, electoral of improvement of the justice system, among others. 4.6: Parties and Political Development 4.6: Parties and Political est, but without clear mandates or with no mandates at all. Streamlining party internal democ- internal party Streamlining all. at mandates no with or mandates clear without but est, influencing in bribery or money of use the (especially processes electoral improving and racy constitu- to responsiveness representatives’ and representation party enhance would voters) improving on representation function. ency interests, thus Thus, there are political parties and representatives that are expected to follow the public inter public the follow to expected are that representatives and parties political are there Thus, Thus, Thus, when focusing on the Kenyan parties and processes of legitimization accountability, and authorization, parties fall short of democratic norms. The electoral processes are often manipulations, other and rigging vote campaigns, during bribery through corrupted flawed, ineffective. makes representation accountability and which blurs 16 Institutionalizing Political Parties in Kenya potential conflict. Mistrust continues to be a concern among coalition partners, sowing seeds of polarization to and some degree, but was not based on ideology, but rather culture. mainly The on creation of ethnicity alliances and to strengthen regionalism. parties for political competition was a success, railed them from the more germane mission of cultivating a democratic, value-based political impediments to political reforms in the country as their contest for power giving rise and to the influencecurrent state hasof politics de- in the country. They have acted both as enablers and country since independence, more especially since the repeal of Section This demonstrates that political parties have been 2Aat the fore of political development in the of the Constitution, cal Parties. requiring political parties to file coalition arrangements documents with the Registrar of Politi- less, the new Political Parties Act provides some safeguards against such violation of trust by logically founded. Coalition politics has failed on two grounds: trust Parties, and however,fair dealing. have Neverthe - succeeded in building coalitions, although these coalitions are not ideo- nessed there-emergence ofethnicityasabasicfeaturepoliticalappointmentsand politics. development have failed to meet the nation’s interests. For instance, since 2003, the ment. Most country of these promises are wit- yet to be met. This means that parties as agents of political This was intended to keep the coalition intact for the sake of national cohesion and develop- consensual and consultative governance system as opposed to the previous dictatorial system. 4.7: Political Development andSocio-Economic Parties zero lic including the enactment of a new constitution within 100 days of its reign. It also promised The NARC government, upon removing KANU from power, made various promises to the pub- reforms. political fundamental institute to failed but KANU dethrone to succeeded millennium new tions, did not succeed in fundamentally reforming the political system. Alliances during the elec- 1992 after formed were which (UNDA), Alliance Democratic National United the as such alliances and coalitions Other parties. political competing among play fair guarantee to insufficient were reforms These Commissioners. ECK the of authority appointing the was who president, the by headed branch executive the especially them, implement to pected ex- those from compliance elicit and force legal them give to constitution national the in accords these entrench to however,unsuccessful were, leaders Party elections. of conduct to govern the appointment of members of the Electoral Commission of Kenya (ECK) and the regime framework a of emergence the was result The reforms. legal other among cedures, the Inter-Parties Parliamentary Group (IPPG) as an attempt to review electoral laws and pro- In the aftermath of defeat in 1992 general elections by KANU, parliamentary parties formed and the one in government do not directly engage in programme government planning and implementa- outside parties Thus, visions. their implementing of means a as power to ing ascend - being one major the multifaceted, are aspirations Their programmes. development socio-economic of implementation and planning direct in engaging than rather role lation Political parties in mature democracies predominantly and effectively perform policy formu - tolerance to corruption; devolution of power especially that of the presidency, adopting a Institutionalizing

17 Political Parties in Kenya - to wanted party a if words, Kenya’s political parties political exhibit Kenya’s compounded functional weaknesses, and ethnic loyalties patrimonialism, by insecuritypolitical other In policy. of implantation the executive the and law; tion but rather provide a framework for development as declared in party manifestos. In any In manifestos. party in declared as development for framework a provide rather but tion country’s the in stipulated as powers of separation the respects government party the event, constitution. The legislature will play its rule-making role, the judiciary the adjudication of the ties should accomplish this by making the government responsive and accountable to its broader national constituency. Kenya is currently in a conundrum, whereby political interests are in conflict with national socio-economic needs, giving rise to increased suffering to the majority It poor. is the role of political parties, therefore, to work toward the alignment of these interests. Political par Kenya requires economic growth, especially during this period of global economic reces- sion, which would generate jobs for the majority of its youthful population and improve the social welfare of the entire The citizenry. main challenge to political parties and other political the of interests political the with needs these of alignment the is institutions political class that controls the reins of power and national resources. Other parties likewise made similar declarations of interest as to their ascend vision to when power. Most they prominent is Narc-Kenya’s manifesto slogan: party’s The ‘One unity. Kenya, national for one need yawning Nation, the captures doubt one no which People’, touches numerous socio-economic and political development issues. In spite of the that fact such declarations are profoundly germane, they remain in the sphere of aspirations/ declarations until the party ascends to power and even then, as practice shows, they might not see the light of day due to other overriding interests. Thus, parties are better at articulating public interest and should be encouraged and empowered to play this role through parliamentary processes as well as sensitization of membership to hold the government in power to account. Party manifestos have great resources to be factored into the socio-economic development agenda of the loudly manifesto ODM 2007 the instance, For country. proclaims its mission as being to engender prosperity with equality and with accountability, the aspiration of forming the next government as a prerequisite to its implementation. Manifestos (spell do out not party state structures) ‘how’ parties would implement the proposed policies. In any event, the party has no structural proposed programmes. mechanisms and competency to implement In contrast, KANU participated in both formulation and implementation. Indeed, KANU used bureaucrats and other technocrats to formulate the development agenda programme planning and implementation. The only exception was Sessional Paper Number 10, which was a product of executive planning process formula- policy both in participating By party. the rather than tion and implementation, KANU ensured there was a the and parliament party, the between power of fusion rule. executive during single-party implement implement its policies while in government it can only do through it the indirectly, execu- political party. it ceases to be a tive, or else 18 Institutionalizing Political Parties in Kenya Party patronage of Party theefficacy affects political parties to influence policy.political parties ists and politicians have influence over national politicians either via intra-party competi- intra-party via either politicians national over influence have politicians and ists that political parties can use patronage to increase their policy-making capacity. Party activ - Party patronage affects the efficacy of political parties to influence policy. It could be argued the legislativeprocess,magnifying thepartyimage. people’sinto bring preferences probably party.would the This of those with tandem in are positions policy their that so restricted, chairs’be committee should cessful, independence ideology,party members’that and suc- be to this For met. be should ambitions institutional with accordance in and clear very be should positions party that are expectations The tees. their member’s interest by checking the government, directly and through oversight commit- interest of party members. Equally important is the role of opposition parties, which promote the in agenda legislative the controlling of ways of variety a has party ruling or party ment Party leadership is critical in this process as it influences the legislative process. The govern- perceptions ofwherecommunityinterestscanbestbetakencareof. ad- turn in are Representatives legislative. the in enactment their for pushing and manifestos their in policies packaging by goal this reach to members enables party the Thus, filled bythepartygovernment). terms of policies, not just in their design but also their implementation (a function often ful- in deliver to ought Representatives decision-making. and formulation policy through ment, constitutes a fundamental incentive toward participation in national socio-economic develop- and sustaining working parties is critical to democratic governance. The desire for re-election Parties, both opposition and ruling, must participate in policy formation. In this regard, creating rection, wewillseektoreducepoverty(bothinrateandnumberofpeople.” Kenyans are part and parcel of national progress and prosperity. In terms of general policy di- 2007 campaign manifesto states: “ODM Government will steer policy toward ensuring that Parties all have loud declarations in their manifestos as to their role in policy inPolicy-Making4.8: RoleofParties formulation. The ODM their authority, evenwhentheexecutiveisamemberofsuchparty. implementation of socio-economic policy. Parties are unable to restrain the executive or limit opposition in the tenth Parliament, for instance, poses a major structures, handicap compromising to public-service’s accountability effectiveness in and the fueling corruption. Lack of official vate appropriation of public resources, patronage networks permeate the state’s administrative ernment from behaving in politically damaging ways. With weak ism, institutional ethnic loyalties checks and political on insecurity, the leading pri- to their ineffectiveness in restraining gov- However, Kenya’s political parties exhibit functional weaknesses, compounded by patrimonial- aid cnttec i Naz, u as on also but Nyanza, in constituency Rarieda Tujuin Raphael of case the was as performance, and qualities personal politician’s particular a on depend only not does re-election that today Kenya in true is It outcomes. desirable for credit claim often and favorably vertized public Institutionalizing

19 Political Parties in Kenya - Coalitions require that parties that with require Coalitions policy options or preferences divergent to process a bargaining should enter a compromise. at arrive , as it were. An were. it as Accord, National or the or agreement coalition important alternative for parties is to use Parliament to scrutinize or vet hostile legislation and legislation hostile vet or scrutinize to Parliament use to is parties for alternative important interests. sectarian than rather national address would that alternatives better provide Policymaking under coalition arrangements has been problematic since 2002 when NARC divergent with parties comprise coalitions that note to important is It KANU. from over took policy preferences. These parties are compelled to delegate their policy-making powers to center powerful a Cabinet the makes This Ministers. Cabinet especially government, in those of power where party policy matters are discussed and approved. This approach raises the favor that positions policy pursue to attempt always likely most will Ministers that possibility their own party at the expense of their coalition partners. There are great incentives to favor the to stick than rather parties their Another issue is the apparent overlap between party leadership and parliamentary representation, which could be separated, as is the case with party systems in most advanced democracies. In Kenya and most of Africa, the party is often sub- ordinated to the state and thus energies are not di- rected toward strengthening the to party, make it the crucible of policy initiation and agenda setting. The current situation in Kenya still puts the president or party leader at a position higher than the party. The quality of its personnel and the technical nature of the policy process, especially the drawing of development plans and evaluation of policy impact and holding implementing officers accountable, are some of the major bottlenecks. Under this milieu, role political is parties’ limited to that of ratifying decisions made in the executive or other circles. The NARC government, 2003, was aggressive to wipe out President Moi’s patronage fief- dom within the public service but ended worsening the situation by outplaying him in the patronage game. Political parties should be aware of these influences and ensure that they do not hurt democratic progress and fair distribution of resources. For instance, the option is to appoint beneficiaries of the patronage system for a period of five years, an equivalent that ensure would This Judges. Appeal of Court for except government, party of term one of and making policy the affect negatively or impede not do they power of out is party the once implementation process. Party patronage is also used in appointing judges and other top judicial officers, who in turn in who officers, judicial top other and judges appointing in used also is patronage Party the favor would they often Most arise. they whenever disputes political settle to have would reputation. professional their with concerned be would some although authority, appointing ty government when governing power is passed from one party to another, especially when when especially another, to party one from passed is power governing when government ty those appointment are on a permanent basis. informed Partisan patrons public political servants their are keeping faithful spies, servants party into turn but power in is party their when operations of government. about the inner core Appointments to the public service done through patronage often become an obstacle to par to obstacle an become often patronage through done service public the to Appointments tion or through the capacity to withhold political and financial support. Through this, they of party policies. in terms flexibility party’s on the constraints minimum impose 20 Institutionalizing Political Parties in Kenya the coalition-typegovernancesystem. erwise they may come out weaker as participants in policy formulation than they were before It policy resources since2002.Theyhaveoftenusedthemtosettlescores. to influence the policymaking process. Parties have not been very effective in utilizing these In a ‘single party’ government, such a structure provides an avenue for the opposition parties House BusinessCommittee,BudgetandCommitteeonImplementation. evant documents, and propose amendments to proposed policies and actions. These include ing investigative powers, the right to schedule hearings and summon witnesses, subpoena rel- (Select Committees and Departmental Committees) are vested with sufficient authority,committee members includ- to acquire policy expertise. In the Kenyan Parliament, these committees committee systems that correspond to ministerial jurisdictions and provide opportunities for standing strong provide democracies” “consensus Most Committees. Standing liamentary Another avenue for policy impact by parties within the coalition arrangement is through Par ture fromdemocraticnorms. outcomes. Without effective bargaining, policy-making is seriously impaired, a serious depar Political party officials are uncertain about the impact of their manifestos on the overall policy sues between coalition partners, rendering policy-making a slow and often In incoherent Kenya’s process. case, despite merging party manifestos, there seems to be be no able to consensus convince the on rest that policy their preference is- merits redress as a coalition policy position. bargaining process to arrive at a compromise. It is this point that the coalition parties should a enter should preferences or opinions policy divergent with parties that require Coalitions the opportunitytosponsormotionsaimedataddressingnationalissues. have parties political and Parliament of Members However,individual legislation. drafting in Ministers to autonomy considerable provides Cabinet the to authority legislative the of delegation turn, Ministry.In the in staff technical and lies, Ministry the jurisdiction whose agenda. Furthermore the bills are not drafted by the entire cabinet but by the Minister under tive proposals originate within this institution and government bills dominate the legislative political a in However, proposals. system such as legislative ours, the legislative implement power is heavily and influenced by Cabinet, pass and most legisla- to tries it as ernment a of interests collective the to central Accordingly,is process legislative the is our suggestion that parties should navigate carefully under the coalition arrangement; multiparty gov- multiparty oth- - - Institutionalizing

21 Political Parties in Kenya - to deci- fail Parties often disciplinary and (Political leaders party a Party from mechanisms Party leaders often fail to significantly significantly Party fail to leaders often and file members in party rank involve processes. decision-making offices. party expulsion arbitration of or of making policies and de - and policies making of system top-down party; a of distribution resignation, rules or and staffs; electoral admission party and voting governing members; 17); for rules

Intra-Party Democracy

Section Thus, in developed democracies higher-ranking party bodies generally do not possess not do generally bodies party higher-ranking democracies developed in Thus, significantly involve rank and file members in party decision-making processes. They resort to resort They processes. decision-making party in members file and rank involve significantly does This like. such and congresses party using as such strategies manipulative and superficial not offer opportunities for internal democracy. selection Candidate do. groups leadership local but processes nomination on influence sive system brew resentment at the Top-down in party grassroots organizations. is vested largely local level, which might have negative election outcomes for the party. measures Act, Some of the critical questions of structures regarding internal the are intra-party What include: democracy espouse? they do perspective which and parties Kenya’s Do party congresses and conventions espouse meaningful involvement of the rank and file membership? on impact an have processes and structures party Inner party outputs, whether in terms of policies or democ- - orga grassroots governing regulations include These participation. member especially racy, nization; One of the perspectives favors the elite model, which posits that the elite make decisions for for decisions make elite the that posits which model, elite the favors perspectives the of One a oligarchy, an as party the view They party. the ordi- whereby process, bottom-up a as democracy intra-party views perspective second The perspec- This processes. decision-making party’s the in participate fully members party nary tive requires real involvement of the rank and file in intra-party decisions, irrespective of This upholds grassroots sovereignty. party hierarchy. 5.1 Elements of Intra-Party Democracy5.1 Elements their within democracy implement parties how to as questions raises democracy Intra-party a process that party impacts organizations, on political socialization, recruitment, member ship, political communication, policy-making, among other party functions. perspec- Two internal affairs. the question as to how parties run their tives seek to answer rank of bulk the while significance, political of decisions take leaders party top Only cisions. and file members do not have to be consulted or are not consulted at all. This perspective policy of formulation in participating from masses the of alienation and exclusivity promotes or making decisions, which goes against in popular involved involvement mainly is in party the the of democratic file process. and rank the that argue perspective, this take that Those party personnel recruitment, which is a common feature thus of representative democracy, of circulation the about is politics intraparty regard, this In leadership. party the legitimizing policy alternatives. the elite and not a bottom-up flow of 5 22 Institutionalizing Political Parties in Kenya Apart from nominationsApart to theballot, nomination to thelegislature are also riddled withintrigues andare notan outcome ofaconsultative process ideologies parties Political parties in Kenya have certain characteristics that influence intraparty democracy. Most inKenya Democracy 5.2 Intra-Party them ties their into national politics as the way their found tendencies These elections. general the in seat the won and party another to defected ‘loser’ disaffected constituency.The Chache Nyaribari in case the was as such were done, nominations before even certificates obtained etc) Ford-Kenya, PNU, ODM, (from candidates losing the cases, other many In issued. often leaders the which certificate, companied by supporters, matched with to the party headquarters to demand a nomination in recruitment and mobilization, In some cases, candidates that lost in the nominations, ac- parties of role the limit issues contentious Such election. general the in parties’candidates other defeat to order in option preferred the was post elective every for candidate Asingle affiliate parties or of rule the apply to whether question The PNU. in cially espe- nominations the for formula the on agree not could partners coalition cases other In ODM ticket,SteveMwanga,wasfoundmissingfromthe ballot. erupted, when the name of one of the perceived front-runners for the parliamentary seat on failed toappointpollingclerksinsomestations. rived in the night, while they did not arrive at all in some polling stations. In Busia, polling while PNU officials. For instance, in Nyando Constituency, ballot papers for ODMlogistical problems, ranging from late receiving nomination materials to the appointment of nominations ar eligibility criteria varied, especially in terms of nomination fees. However, Kenya, formed the elections boards process to preside suffered over parliamentary and civic nominations. Parties’ During the run-up to the 2007 general elections, the main contenders, ODM, PNU and ODM- better conductedpartynominationexercises sinceindependence. nominations for elective office. The year 2007, though with numerous flaws,nya markedhave made onestrides oftoward the involving the citizenry in recruitment process, especially during and they do not have structures that strongly link them to the citizenry. However, parties in Ke- organizing founders have tend which no to registered or draw functions, within parties. key are free-for-all approach where parties could field candidates as they wished. their often funders; membership support even unknown must win syndrome their party mainly activities and elections and ponent Ashif Amin Walji. In Ugenya constituency, chaos between supporters of ODM’s Fred Gumo and his op- was also violence in Westlands constituency in Nairobi There rigging. was there that claiming Olenguruon, at papers ballot burned and confiscated Cheboi, Moses MP, incumbent the of supporters irate Constituency, Kuresoi in instance, For process. voting the disrupted or winners prospective on violence meted often dates otherwise a credible nomination process. Losing candi- of nominations the of disruptions of cases were There from are have of revolve their are little not becomes the reigning principle among poli- often been ethnic influence around flawed keen base; influential among advantage comparative in to and they policy-making; recruit infiltrated tend personalities; members; to be by dominated have rival have difficul- most parties; weak by of - Institutionalizing

23 Political Parties in Kenya to participate in - politi Political Parties Act is Parties done in Political spirit and The letter. Act The lack of or weak intraparty democracy affects the entire political system and what hap- pens therein is often replicated in the larger system or becomes democracy-related decisions at the national level. an input in subsequent outlaws some of these malpractices and requires political parties to enhance democracy, Act. for in the even in utilizing the public funds provided Thus, party electoral and institutional reforms are necessary endemic if the address to Kenya has thus, has democracy, to Internal make society. and strides state democratic a toward vote intimidation, bribery, voter process, nomination the in transparency of lack of problem buying and official interference with the results. All these could be, to a large extent, mini- mized if the implementation of the Parties are expected to conduct free and fair elections, meeting the standards of democratic of standards the meeting elections, fair and free conduct to expected are Parties principles, norms and practices. There should be participatory decision-making in parties, organization. both at the grassroots and at national party Internal democracy also focuses on the role of party members in the formulation of policies. of formulation the in members party of role the on focuses also democracy Internal In Kenya, party members are hardly involved in the policy process, although the Political Parties Act (Section 17(a)) stipulates this as a right of the member: cal activities which are intended to influence the compositionof policies ofthe for worthwhile is it implementation, government. for resources enormous of use entails this Although inclu- political of culture a and process policy participatory a of development and nurturing sion. This would also enhance accountability in representation, by giving representatives specific mandates. - in with riddled also are Legislature the to nominations ballot, the to nominations from Apart complaints, Various parties. within process consultative a of outcome an not are and trigues rationale the questioning emerged, have interests, personal on based them of most although require which norms, IPPG the with complied nominations the whether and nominations for nominations to be done in accordance with parliamentary parties’ strength as well as - tak ing care of special interests. ODM-K and PNU faced the most formidable opposition as to their nominees. The complainants threatened to go to court to compel the party leaders to consideration, critical a been not often have interests Special list. nomination the reconsider priority. and funders of political parties are given but instead cronies ticians. These nomination irregularities are pervasive across parties and should be checked. checked. be should and parties across pervasive are irregularities nomination These ticians. Heavy penalties for parties that flout democratic principles and practices are necessary for effective deterrence, justice and fairness to prevail. The lose of moral foundations and re- credibility. system’s has eroded the party of natural justice spect for laws 24 Institutionalizing

Political Parties in Kenya organizations, includingpolitical parties. Party legalframeworkParty orregime refers to legislation specifically designed to regulate andlifeofpolitical activities 6 t pltcl competition, political where alarge numberofpartieshavealways enteredtheracewithdisparate fortunes. to approach’ market electoral ‘open an adopted has Kenya 1992, Since goodies. political of sharing the about essentially is discontent open and competition latent The Government. Coalition Grand the in witnessed being currently scenarios the of power. and some offices are votes, These of terms party’sin another especially is loss, gain party’sone that sense the in zero-sum as viewed often However,is inter-partycompetition been evidentinKenyasince the dawnofmultipartyismin1991. democracy, they can serve the partisan ends of the incumbent party government, such ocratic as ideals. it Conversely,has party legal regimes can be perverted such that instead of They promoting could enforce political accountability among parties by requiring them to live Party up laws to could dem- serve political parties well and could also be used to suppress party activities. Group (IPPG)initiativeandtheGrandCoalition Agreement of2008. and regulations for themselves, such as was the case in the 1997 Inter-parties Parliamentary Parties have established themselves as ‘engines of the political process’, and thus make rules There are various reasons that could explain why political parties require such a legal regime. freedoms, althoughnotwithoutrepercussions ontheoperationsofpoliticalparties. the of party independence with regard to favors that might and be expected by the donors. Party freedom law safeguards these of questions raises it for critical especially is nancing the generalwill.Theyarefreetochoosetheirobjectivesandpursuethem. to them secure their functions, for especially as the institutions to galvanize democratic political will state or the from freedom of status the enjoy democracies developed in Parties political partiesacquirelegalpersonality. that framework legal this through is It roles. their and parties political to recognition formal ern activities of voluntary organizations that are involved in politics. This framework confers gov- that regulations and meetings), political demonstrations, organizing as (such activities political organization, other parliamentary finances, processes, party electoral political and as such laws party special tions, ties and life of political organizations, including political parties. Its source can be constitu- Party legal framework or regime refers to legislation specifically designed to regulate activi- 6.1: Introduction Legal Framework for Political Parties , laws and rules that govern elections govern that rules and laws PoliticalPartiesAct, especially when they receive public funding. Party fi- Party funding. public receive they when especially public, the to accountable be should they parties, for requirements accountability the is important Equally act asaneutralumpire,withouttakingsides. should state the respect, this In office. public for tition plies equality of opportunity to enter inter-party compe- Parties should also possess equality of status which im- Institutionalizing

25 Political Parties in Kenya - 6.3: The Political Parties Act Political The 6.3: Party parties. political of heart the to close matters various for provides Act Parties Political The Act The party. the registration, party Besides Parties. Political of Registrar political the of mandate the is registration a of members between disputes of arbitration for responsible is Registrar finality with determine to expected is which Tribunal, Disputes Parties Political the establishes appeals and partners, coalition between disputes as such disputes, intra-party and inter-party from decisions made by the Registrar of political parties. The Kenyan Constitution refers to political parties largely as it pertains to their legislative and legislative their to pertains it as largely parties political to refers Constitution Kenyan The the Constitution re- qualify for election to the Assembly, National recruitment functions. To of Act an by prescribed manner the in party political a by nominated be person a that quires party sponsoring the from resignation that stipulates constitution the of 40 Section the Parliament. in parties political of importance the reiterating seat, Parliamentary a of loss a imply would and law-making process. governance country’s 6.2: The Constitution Constitution The 6.2: However, power to outlaw some political parties could be misused by those in power. Rather power. in those by misused be could parties political some outlaw to power However, that competitors eliminate to used be could it competitiveness, interparty strengthening than par outlaw to right the reason, this For incumbents. or quo status the threaten to seem might Legislation of political parties in Kenya is essentially informed by the need to reduce alterna- reduce to need the by informed essentially is Kenya in parties political of Legislation to opposed as parties big the favor to likely is which competition, political structure and tives The base. politico-ethnic or ideological strong visibility, appeal, wide a lack that entrants new spread of winning candidates is so skewed that one would question the rationale of having requirement legal by with dealt be can fragmentation Excessive field. party crowded a the such reduce to better is it whether is question The Act. Parties Political the in case the is as such selection. natural of law the and forces market to competition the leave or parties of number the in involved be not should agents close their and incumbents and restricted be should ties Also, for effective competition process and guarantees of the rule of law should fully apply. competitive and meaningful ensure to scrutinized be must parties of character the occur, to worth their demonstrating by consequential be must parties this, achieve to order In elections. and by being accountable. through numbers in parliament, membership, In some cases, party law is critical even to the existence of parties such as was the case between case the was as such parties of existence the to even critical is law party cases, some In of gates flood the opened constitution the of 2A Section of repeal The Kenya. 1991 and 1982 political engagement. inter-party Nevertheless, the political party legal regime should provide for basic political freedoms such freedoms political basic for provide should regime legal party political the Nevertheless, almost that others, among would autonomy, success associational information, to party access expression, of and freedom as stifled be would activities party democracy, of lifeblood govern- the the are wrestle to ready be would that leadership charismatic and heroic on depend solely the ground. ing party to 26 Institutionalizing Political Parties in Kenya based onany othermatters14). (Section gender, regional, linguistic, corporatist, which seeks to engage in propaganda based on ethnicity, age, tribal, racial, professional orreligious basisorone The Act prohibits party formationThe prohibits Act party strengthening and institutionalization. party for prerequisite a is environment legal enabling An others. among Act, Government tion, the Parliamentary Standing Orders, other laws such as the Public Order Act, the Local of party operational milieu. Focus must be on the Political Parties Act, the national Constitu- institutions, we need to focus on the party legal regime, democratic which is and one of the effective key components as parties political strengthen to that evident is it conclusion, In forming toward work to government form coalitions tocheckit. not might that parties to incentives provide orders be reviewed to guarantee the right of opposition in Parliament? This would probably crippling situation where this the government over rules without get effective checks? to Could the done standing be should What avail. no to but 2008 in opposition official form to tried coalition grand ruling the from Members friendly and KADDU as such parties Smaller tive tothemissuesuchconsent. scenario because the dominant parties are all in government and would be counterproduc- Kenyan the in meet to impossible is condition This requirement. above the following tion of their parties if they wish to form a coalition of opposition, in the absence of rightful coali- leader the from consent written seek to Members require Orders Standing the Furthermore, by Parliament. recognized be to coalition such for thirty require Orders Standing current The opposition. seats an opposition party or an opposition coalition should have to be recognized as official many how of terms in thresholds certain setting by operations party restrict they instance, For operations. party restrict as well as enhance both Orders Standing Parliamentary The 6.4: ParliamentaryStandingOrders accountability, although it could also be invoked to punish perceived enemy party or parties. Deregistration is also an option if a party contravenes the Act. This might promote intraparty punishable byimprisonmentand/orfine(Section17(7)&(8)). corded a fair hearing. Unwarranted suppression of another person’s lawful political activity is guistic, corporatist, professional or religious basis or one which seeks to engage in The Act prohibits propaganda party formation based on ethnicity, age, tribal, racial, gender, regional, lin- constitution or principles and rules, and must be ac- be must and rules, and principles or constitution Expulsion is allowed when a member violates the party the case during single-party era, is a thing of antiquity. registered membership. The arbitrary expulsion, as was and established have parties that anticipates It time. a at one to party a to membership restricts also Act The parties andenhancetheirnationalappeal. strengthen help would This position. elective an hold to qualified integrity, and with office public hold to fit people be to required are members founder Act, the 14). to (Section According matters other any on based Institutionalizing

27 Political Parties in Kenya - or tax life; pro- links Mass more not contribu- prohibited through cetera. political and electoral are et in maintaining and voluntary Aliens nongovernmental opinion; unions, citizens or government; fees; of policies; trade public democracy from interests. The Political Parties Act establishes the the establishes Act Parties Political The the requires and Fund Parties Political for it. provision make to for Finance Minister as party of in has such membership funding participation governmental shaping party education the sources the direct active include on communicating civic where bear receive and funds governments, corporate to of promoting party as could fees; organizing foreign sources such investments influence Parties from political organs; from other not the party’s membership state of Act, but systems. democracy the and the proceeds with party to

expenses party on incentives; bringing donations, or

Thus, it would be prudent for Kenyan leaders to explore to leaders Kenyan for prudent be would it Thus, discussed those as such strategies, revolutionary more above, to fund parties and strengthen their structures and improve their visibility and reach. parties can have a lease of fiscal and political life if parties’ funding was pegged on party mem- party on pegged was funding parties’ if life political and fiscal of lease a have can parties parties help could This financing. party for strategy another also are exemptions Denmark, Tax bership. Italy, in case the is This level. local the at equipment buy and infrastructure extended develop be could Parliament of members for benefits the Also, Spain. and Portugal Germany, reduc- duty import example, for Greece, In parties. to conditions favorable and publications political for tions lot- organize to parties of right the and loans, bank for teries help bolster party financial status. ganizations; 7.2: Funding of Political Parties in Kenya of Political 7.2: Funding Fi- for Minister the requires and Fund Parties Political the establishes Act Parties Political The nance to make provision for it. The Act restricts the use of the financesfund’s for purposes compatible Various strategies have been adopted by different polities to finance political parties with varied with parties political finance to polities different by adopted been have strategies Various impacts 7.1. Introduction and sufficient need Parties democracy. any for concern critical of is financing party Political within decision-making and policy especially functions, their perform to financing sustained indepen- the party party and concomitant activities within government, and to enable them engenders cope with the financing .Also, competition. inter-party and intraparty of challenges dence and autonomy. between 7 Party7 Financing covering cesses; According than 25% for administrative expenses of the party (Political Parties Act, Part V, Sections 28-30). Sections V, Part Act, Parties (Political party the of expenses administrative for 25% than party. the by ventures business-like or investment promote to used be cannot funds processes. the Thus, electoral the and democracy multiparty of promotion the for used be only can They Act also stipulates how the funds from the Fund shall be shared. The tions; relief 28 Institutionalizing Political Parties in Kenya broadening ofpartyfinancingbaseinKenya. adequate funding for parties. Exploring some of the options discussed above might lead to the budget to the Fund or institute other measures (tax exemptions or rebates) that would ensure an amendment that would require the Minister to allocate a specific proportion of thecitizens, national and as they amplify citizen voices and hold Minister.governments Due accountable, to the there fact that is parties are need important institutions for that link the government and its have envisaged the fact that the magnitude of funding would be at the whims of the Finance Thus, the Finance Minister seems to have gone against the spirit of the Act. The Act might not democracy andpartyautonomy. donors, patrons, elected officials, to finance party activities with the negativeticipated consequencesby on the Act. With token allocation such this, political parties could continue to activities, rely especially on at the grassroots. Sufficient funding would ensure parties’ visibility, as an- ally, during off-election years, parties hardly receive financial help and thus this stifles party viewed as insufficient, with mixed ramifications for the functioning of political parties. Usu- located a paltry Kshs. 200 million to political parties in the 2009/2010 budget. This could be For the first time and in compliance with the Political Parties Act, the Minister for Finance al- legislation istostrengthenpartiesandbolstertheirautonomy. Although smaller parties might not receive sufficient resources, the principle and spirit of the accountability as to the sources and utilization of funds and reducing incentives for which would patronage. enhance their participation in the democratic process, as well as strengthening Kenya, in parties political of institutionalization the toward development positive a is This debate andscrutiny. General on an annual basis. Thus, party accounts might become a subject of parliamentary for founder members. Party accounts shall be subject to audit by the Comptroller and Auditor Individual contributions have a ceiling of five million Kenya shillings (Ksh. 5,000,000), except from contributing to political parties. The Act requires full disclosures as to the sources of funds. Institutionalizing

29 Political Parties in Kenya oliticians and the general public believe believe public general the and oliticians p that it is necessary for the ethnic group group ethnic the for necessary is it that the win to come they which from to access ensure to order in presidency and goods. resources state and Post-Poll Chaos and Post-Poll

Political Parties: Elections 2007 the Political

Party’s Party’s campaign platforms were overly divisive, lacked objectivity and rationality, messages often with demonizing often each coated other, with ethnic overtones, arrogance and Political parties failed to reform the Constitution, electoral laws, and key institutions that have that institutions key and laws, electoral Constitution, the reform to failed parties Political the Kenya, of Commission Electoral the as such process electoral the over authority oversight pre- opportunity the squandered government NARC the instance, For Police. the unity and national Judiciary of atmosphere and support public victory, electoral overwhelming the by sented the on concentrate to decided coalition the Instead, 2002. in KANU of defeat the at expressed re- institutional in engaging than itself, entrenching and power of retention and consolidation forms, which possibly could have averted the post-poll chaos. The party in power would most likely bear the greatest the bear likely most would power in party The responsibility for using state resources to benefit itself and eroding the legitimacy of the state as an impartial and arbiter, thus contributing to violence. Other ways through which parties contributed to the post-election violence include: Waki The Report Waki alludes that the gradually growing and personalization of power around politi- that is impact The 2007/2008. in violence the precipitated have might presidency the they which from group ethnic the for necessary is it that believe public general the and cians come to win the presidency in order to ensure access and goods. to state resources 8.1: Introduction recruitment and mobilization on focused mainly is elections any in parties political of role The Kenya in activities, which electioneering have already been discussed in the previous chapters. Since of the advent of feature common a become has violence 1991, in politics cases, multiparty most In agents. security its and state the from action corrective concrete no or little with Political leaders. their via violence post-election and either pre- the have to contributed parties, indirectly political parties of leaders also are who outside, or government in whether leaders, has state the instances, all almost In capital. political gain to chaos the planned or condoned state of heads the Likewise, circumstances. such under way impartial an in respond to failed political needed the supply to failed consistently he in as blame complicity escape cannot had government and Moi, under regime, KANU The impunity. end and perpetrators punish to will and Valley Rift the in persecuted were parties opposition when 1997, and 1992 in respect this post- 2007 of funders and perpetrators the recently, More impunity. with zones’, ‘KANU other election violence are yet to be punished. 8 30 Institutionalizing Political Parties in Kenya The fallout from the 2005 referendum was the genesis of a political contest, characterized by enduring divisions and destructionofproperty. tions. This was met with excessive force from the government side leading to deaths, injuries action and called on their supporters to protest and demonstrate against the rigging of elec- hence fuelled the violence which had already picked momentum. Parties mobilized and itself for entrench mass to machinery state use to determined was PNU that perceptions to led period following December 30th 2007, the government outlawed all manner of protest, In a which democracy, demonstrations are a form of protest when other avenues are blocked. In the issues duringthe2005referendum. reduction of presidential powers and institutional reforms, which were among the contentious cumbent, on the other hand, maintained a mute stand on salient issues such as services, devolution especially and in some parts of the Rift Valley, North Eastern and Coast provinces. perceived The wrongs in- in allocation of land and other national resources, as well This as resonated access well to with public groups that have feelings of historical as marginalization well emanating as from the incumbent, such as dealing with nance historical process, injustices, touching on especially issues the perceived land to have question. been gover neglected the in changes other by and constitution new previous a promising and rhetoric governments referendum the along support mobilize to continued referendum, the during side government the defeated unite the country after the referendum. For instance, the Orange enduring divisions Democratic along Movement, party and which ethnic lines. The country’s leadership did not attempt The to fallout from re- the 2005 referendum was the genesis of a political contest, characterized by human displacement. the country burst into chaos and violence, which resulted in about 1000 deaths and massive results, election presidential the announcing in delay was there when and rigged be would elections the that believed supporters its favor.and their opposition in the tions result, a As perception that this was an attempt by Kibaki and the Party of National society,Unity including party leaders and other (PNU) contenders for the presidency. to There was popular rig elec- gard of the IPPG accords. This was done despite protests from a cross-section of the Kenyan Appointment of some members of the ECK was unilaterally done by President Kibaki in disre- mobilize alongissuesandshunethnicityintheprocessprovedcatastrophic. war.civil near into country the plunging ended which government, by taken was to Failure along party andethniclines. along party litical leaders were undeterred. No preventive action preventive No undeterred. were leaders litical ings from the security agencies to the government, po- warn- despite and observer, casual a to even clearly, of violence presented themselves fairly early and often signs Although clichés. stereotypical with loaded ily heav- messages, hate their of impact the about care not did leaders party fact In violence. in culminated that anger and hatred fomented These xenophobia. - Institutionalizing

31 Political Parties in Kenya nstitutionalization would mean making making mean would nstitutionalization i the organization work through the through work the organization especially of its structures, strengthening some obtain to able be to internal, the with the external milieu. equilibrium

Institutionalization of Political Parties of Political Institutionalization

A A steady and predictable flow of financesAcquisition into parties of equipment, would help institutionalization. infrastructural conducting party elections at development, grassroots and national levels, sponsoring candidates during political education elections, activities, research to back parliamentary all need legislative a steady flow process, of sufficient financial among resources. Most parties other financial challenges that often make them invisible atin Kenya the grassroots. They lack presence in activities, are facing terms of offices, staff, and work equipments such as computers and party literature, which are essential for their operations. Beyond the provisions found in the Political Parties Act regarding funding, parties must design other ways of funding their activities. Membership and loyalty problem the with faced are is Kenya in Parties existence. real no critical has organization an members, to institutionalization of political parties. of membership. Most members do Without not stick to their parties for a long time. In this respect, political parties lack a committed membership. They have supporters not members. Parties sufficient and life parties give to members their retain and inspire recruit, to efforts make must human capital. The Political Act Parties addresses this deficit by requiring parties to spread their reach beyond their immediate bases. Party loyalty would flow from the membership once commitment to party ideology grows. Party leadership should be popularly elected by party by elected popularly be should leadership Party members and should be so held accountable. This would enhance internal democracy and democratic values cultivate and ethics, which are currently lacking in Kenya’s political landscape. The leadership must be able to inspire and weld the polity, members have together an into organizational one setup strong based on principles, with a purpose and commitment. great sense of identity, Leadership of parties should be separated from national leadership. Those holding elective political offices such as MPs, Ministers, President, activities. party organize and should party the grow to just elected officials not and staffers have should hold party offices. Parties This might reduce or eliminate personality clashes among politicians within parties which often leads to party splits and disintegration. This could breathe a measure of autonomy into the parties depersonalize them. and Adoption of help the United States’ option. party leadership structure might be an According to organization theory, institutionalization would mean making the organization institutionalization would mean making the organization theory, According to organization obtain to able be to internal, the especially structures, its of strengthening the through work some equilibrium with the external milieu. Institutionalists basically focus on leadership, organization membership and loyalty, internal structural features such as organization of offices, goals of the organization, fiscal resources, among others. Drawing on institutional parties in Kenya. suggested ways of institutionalizing the following are theory, 9 32 Institutionalizing Political Parties in Kenya adherence topartyideologyiskeythisprocess. today.country the for critical and recognition through roles and activities party Reorienting matters. It is the politics of party revival as opposed to ethnic or individual survival that come is most ‘parties for politicians’ rather than ‘parties for politics’, whereby party often disregarded ideology when pursuing personal political no interests. Consequently, longer parties have be- are principles party ideologies, party about seriousness no leaders, party among mistrust is ization of political parties. Currently, party leaders are not committed to party ideology. There Development and articulation of party ideology should be a key component of institutional- polls. Theyarealsocriticalvehiclesofrecruitmentandsocialization. provides the foot soldiers of politics. They pass literature and call to people strengthening to the get local out party to organization. rallies The and local party organization is the to mobilizer,ensure that and the goals of each party are achieved, emphasis in party restructuring parties’should shift activities do not represent localities in many ways. To take parties to activities to national the headquarters especially during inter-electionselectorate years. Thus, the national and internal party structures (formal) are more or less standardized, Kenyan parties confine party Although institutionalization. of focus the be could organization party local Strengthening although mostofthesestructuresarecurrentlydormant. roots; grass- the at presence extensive has instance, for KANU, strengthened. and/or developed be should and longevity and organizationsurvival Grassroots party to critical are structures in fact it has/had offices from the smallest political unit (polling center) to the greatest, Institutionalizing

33 Political Parties in Kenya . Ideologically, . mostIdeologically, here is impetus for political parties is impetus for political here t to commit and socialize their leaders their and socialize commit to and inter-partyinto programmes coalition-building. reforming reforming and revamping

Cross-Party Platforms Cross-Party

Collaboration Collaboration on policy matters (such as climate change and the for country environmental and at progress would enhance the initiatives legislature protection) Following the coalition model, parties could commit energies and resources to national institutions such as the judiciary and the po- enacting by level, national the at done be can This lice: parliamentary Inter-party legislature. the in reforms the this move and initiate to supported be should caucuses process, through a ‘coalition of the willing’. interparty spur could that issues are prevention conflict and reconciliation healing, National collaboration. Although they seem to differ on parties strategy, are agreed about the need to institute a process that could sufficiently address theseand activists leaders, party for issues.foolhardy is It viable. Jointbe could level national activitiesthe to grassroots from the functionaries to wait for the government to agree and implement decisions on such issues. office- political from separated is leadership party whereby system, party reformed a Under holders, sufficient checks would that emerge would ensure that politicians follow the party line. The executive would find it difficult to defy popular will without consequences : parties could caucus and agree on the contentious issues at inter- at issues contentious the on agree and caucus could parties process: review Constitutional especially interests, national wider on focus party not forums would to ensure parties unity if of purpose failure of and cultivate dangers national pose cohesion. However, such proaches ap- develop- economic and unity, national reconciliation, and healing distribution, resource justice, ment. This can be done at higher party level such to ensure as Parliamentary Inter-Parties groups, across at grassroots, the members their involve should Parties organizations. party national before the next constitutional referendum.wider participation and consensus-building op- possible a be could House the inside and outside both government, within corruption Fighting tion: Chronic levels of corruption that exist in the country are matter of grave concern to Kenyans and external investors. Parties are likely to receive tremendous local and external support on joint endeavors to fight corruption. The assumption here is that parties agree that corruption exists and must face joint action. Hopefully, political will could be supplied by parties, if office-holders.not Theby platformpolitical should be at all levels of the party, from rank andnational level officials. file members to Parties could jointly engage in national activities or events by providing leadership and sup- and leadership providing by events or activities national in engage jointly could Parties Thus, future. near the in country this rule singly could party no that apparent almost is It port. there is impetus for political parties to commit and socialize their leaders into inter-party could include: Some of the joint activities programmes and coalition-building. aside laying issues, such support principle in could and similar less or more are parties Kenyan The policy and Thus, focusing partisan if on interests parties posterity. stick policy. to ideological smoother principles and enabling development relax, national of matters could on collaboration likely is there considerations values, democratic political purely for policy block to tendency Cabinet, local authorities, etc). process at the policy-making level (legislature, 10 34 Institutionalizing Political Parties in Kenya to occur, must thecharacter ofparties be scrutinized to ensure meaningful elections or intraparty competition. orintraparty elections For effective interparty Forcompetition interparty effective 11 allocated publicbroadcasting timepriortocommencementofelectoralcampaigns. especially television and radio. Just as in most developed democracies, candidates should be Electoral campaigns should be done fairly, access to the media, especially state-owned media, call law, whereby non-performing MPs or Councilors could be recalled by the sponsoring party. through elections, both promissory and anticipated. Equally important is the enactment of a re- politicians tow the party line. Representatives should stick to popular mandates given to them gardingkeeping onboard those elected under respective brand names andensure that these Parties should be able to keep contracts with voters. This requires cohesiveness of parties re- cesses onthenationalscale,akeycomponentofdevelopment ofapoliticalculture. This would impact positively on overall perception and respect for free and fair electoral pro- this to be successful, parliamentary committee chairs’ independence should be restricted, so Party organization should be empowered to effectively participate in policy formulation. For tomatically. This provisionprovedineffectiveintheninthparliament. and the legislature. Currently the Kenyan Constitution expects defectors to lose their seats au- linquishment of position or seat by defectors. This can be actualized via the both by the party under a party label to party ideology and policy line. One drastic alternative is automatic re- For cohesiveness to ensue, party law can provide additional incentives that tie those elected opposition. in Parliament that is legally mandated to check the government whenever there is no official any number of willing parties or willing members of parties could form an opposition caucus standing orders is also important. Standing Orders should provide an avenue through which by and/or constitutionally recognition and (PPGs) groups party parliamentary of Formation necessary todetergovernmentorotherpartiesfromsuchacts. position. To ensure fairness among competing parties, legislation with attendant sanctions, is civil servants, and security agents to campaign and mobilize support for the party/government other and Provincial Administration the funds, and vehicles government sources,including The party in power or the dominant member of a coalition should desist from using state re-

Recommendations electorate and limiting central leadership interference. electoral procedures, widening participation among the lection processes by adhering to party regulations and Political parties should democratize their candidate se- image. party the improving thus process, legislative the into This would probably bring popular policy preferences party.the of that with tandem in is position their that Institutionalizing

35 Political Parties in Kenya Hate speech must be tamed if partiesHate in a safe political operate to have and inter-ethnic conflicts environment stemmed. Party visibility at grassroots is critical to party institutionalization. Every political party should party political Every institutionalization. party to critical is grassroots at visibility Party appeal and connection the keep to leadership strong and offices operating have to endeavor to the citizenry. Ethnic mobilization has been outlawed by the Political Parties Act. Hate speech must be tamed be must speech Hate Act. Parties Political the by outlawed been has mobilization Ethnic stemmed. conflicts inter-ethnic and environment political safe a in operate to have parties if Political of Registrar the especially authorities, the from oversight effective is required is What Parties and the Tribunal. Develop party ideologies and ensure that they are the principle guides in policy formulation formulation policy in guides principle the are they that ensure and ideologies party Develop mobili- Issue-based identity. enduring an members give to mobilization, political of tools and pro- and ideology party on members party Educate institutionalization. enhance would zation loyalty party engender and learning stimulate and awareness of level the improve to grammes at the grassroots. - reten and recruitment encourage to membership party on be based be also also could could funding Party Funding explored. be could level local the at fees membership on relief Tax tion. democ- intra-party promote could which activities, party in members of involvement to linked to parties encourages which success, electoral on based is criterion funding current The racy. electoral malpractices and fraud. compete to win more seats, often encouraging Adequate funding would promote institutionalization as lack of funding is one of the major Act Parties Political the to amendment an for need is There parties. political facing problems the to budget national the of proportion specific a allocate to Minister the require would that Fund (may be 1% to 2%). Intraparty democracy is the backbone of democratic governance. In this regard, the Registrar Registrar the regard, this In governance. democratic of backbone the is democracy Intraparty zeal- Act Parties Political the implement should Tribunal Disputes the and Parties Political of ously to ensure compliance with its requirements. Heavy penalties for the parties that flout democratic principles and practices are necessary for deterrence Internal prevail. to fairness and justice for and work to democracy would entrench democratic values and loyalty Party electorate. the to appeal party strengthen could grow as resentment declines. For effective interparty competition to occur, the character of parties must be scrutinized to For effective interparty competition to occur, must parties this, achieve to order In competition. intraparty or elections meaningful ensure and parliament in numbers through worth their demonstrate also must They consequential. be through public accountability. The right to deregister or outlaw parties should be restricted and handled by an independent independent an by handled and restricted be should parties outlaw or deregister to right The and impartial institution. Incumbents and their close agents should not be be would involved process in this the otherwise apply, fully should law of rule the of guarantees and process selfish political gains. abused for 36 Institutionalizing Political Parties in Kenya have thepowertoreplacesuchelectedofficial. the state until the matter is arbitrated by the courts or any other authorities. The party should as national laws. The party could exercise a re-call, or Officialsthe engagedperson inbe corruptionrelieved orof misusehis/her ofduties powerby should be punished via the party law as well rallies donotseemtoworkwellintherapidlychangingsociety. computers, telecasts, local theatre, and youth group activities, among others. Traditional party technologies in reaching the public. These should include websites, telephone short To messages, make greater impact in mobilization, recruitment and policy roles, parties should adopt new parties standfor. the what know members that ensure and grassroots the to parties take will this arguingthat gested setting aside a party-day (e.g. PNU or ODM-Day) to popularize the party Some interlocutors recommended country-wide, unorthodox ways of re-energizing party bases. Some sug- national cohesion, national policies citizenship, and and programmes, nationalism as as such part issues national of on the members role party educate as to political Parties educators. Institutionalizing

37 Political Parties in Kenya

Notes

> 38 Institutionalizing Political Parties in Kenya >

Notes Friedrich Ebert Stiftung (FES) Institutionalizing Peponi Road P.O. Box 14932 - 00800 Nairobi Tel: 3748338/9 POLITICAL Centre for Governance and Development (CGD) Riara Gardens, O! Riara Road P.O. Box 4037 - 00506 PARTIES Nairobi Tel: 3861813/4 in Kenya