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Civil Society and the Post Handshake Politics in Kenya

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Civil Society and the Post Handshake Politics in Kenya May 2019 REPORT: VOLUME 1 2019 CIVIL SOCIETY AND THE POST HANDSHAKE POLITICS IN KENYA EXECUTIVE SUMMARY The paper explores the nature of civil society in politicians and civil society appears to have no Kenya in the changing political environment by role in it. An observation was made that civil examining the impact of the ‘handshake’ as well society in Kenya is deeply divided and therefore as the internal and external capacities of civil unable to realize its potential, including failure to society organizations to articulate responses to mobilize mass support in addressing challenges challenges facing the country today. Individual facing the country today. The study also found and focus group interviews were conducted with out that a recent crackdown by government and thirty six members from selected organizations inadequate funding have significantly affected with ongoing programs in different parts of the civil society activities. The study concludes country focusing on democracy, governance that despite all these, the role of civil society and human rights. The study found that there in Kenya remains critical especially now in the is flooding of organizations engaging in work absence of a formidable political opposition, but aimed at raising public awareness compared to civil society organizations should forge a unity of advocacy work. Interviewees pointed out that purpose and formulate a strategy of taking up the power to control and give direction to the this opportunity. political agenda of the country is dominated by INTRODUCTION The Concept of Civil Society social life networks, norms and trust that enable participants to act together more effectively There is no agreed meaning of civil society; to pursue shared objectives”1. He equates civil therefore the concept remains ambiguous with society to social capital which influences public diverse interpretations. The concept was first participation in the social set ups, thereby introduced by Alexis de Tocqueville in his analysis determining government’s operations. Edward of American democracy, as non-political social (2005) conceptualizes civil society in 3 ways. organizations either “religious, moral, general First as the “associational life of society” or restricted, enormous or diminutive” that that develops values such as tolerance and fortify democracy curbing misuse of power. cooperation among people. Second, as “the good Tocqueville argued that civil society promotes society” based on social contracts negotiated social norms through social capital by educating between government, business, and citizens. people about benefits of a free society. Robert Third, as the “public sphere” that cares about the Putnam describes civil society as “features of common good, with shared interests, willingness 1 The Book ‘Making Democracy Work’, and his article, Tuning In, Tuning Out: The Strange Disappearance of Social Capital in America 1 to accommodate others with opposite views Civil Society and Democracy and work together to pursue common goals. Heyden (1996) states that civil society refer to The word democracy is derived from two 4 a vast network of private and public associations ancient Greek words: demos (the people) and 5 that are free of state control and have the right kratos (strength). Democracy therefore means to organize, mobilize as well as influence political the rule of the people. From this it is clear that decisions. Some scholars however argue that democracy connects power with the people, civil society has to do with family and blood although this relationship can take many forms. associations or groups but this does not include As a principle of democracy, the people and political groups (Nzomo 2003). In such a case, their will are inseparable from politics in the informal associations in the rural areas can be context of politics as “an activity through which considered as civil society. people create, maintain and change the rules by which they live.”6 Democracy can only exist In Kenya, non‐governmental organizations when people are actively participating in political (NGOs), faith‐based organizations, self‐help and social activities7. Therefore civil society is groups, professional associations, cooperatives, expected to promote democracy by using their social clubs, the media, and community‐based democratic rights in acting to correct the flaws organizations are all considered to be civil society in the political and government systems (Jasmin organizations (CSOs). These organizations have 2015). very different characteristics and approaches making it problematic to arrive at a uniform Liberal democracy, which is the predominant concept of civil society in the Kenya. political system in the world after the fall of communism, has become the theoretical understanding of democracy today. It has given civil society too much power and responsibility The Role of Civil Society (Jasmin 2015), making it is difficult to distinguish CSOs are agents of development playing between political formations/parties and the a significant role politically, socially and political activities of groups in the civil society, economically2. Politically, they improve the be they interest groups or religious bodies but quality of governance by pushing systems which are intermittently mobilized in pursuit 8 of governments to apply the principles of of political goals . In this case, two challenges accountability, transparency and openness as emerge, first the perceived lack of democracy well as advocating for good governance3. Socially and secondly the abuse of the role of civil society. they improve decision making processes through Researchers such as Simon Chambers warn that provision of information and education. They also contemporary theories fail to see the threats civil guarantee social protection through integration society to democracy. He argues that voluntary of human rights. Economically, they bridge the associations of civil society do not always have unemployment gap by providing employment to the promotion of democracy on their agenda, many individuals in developing countries as well some civic associations can employ underhanded as advocating for the implementation of better financial systems in government to curb misuse 4 Although demos refers to „people“, the Greeks used this term to denote „the poor“ or „mob“. of public resources (Maureen and Winnie, 2016) 5 Robertson, David: The Routledge Dictionary of Politics. Routledge, London, 2004. p.136. 6 Ibid. 12. 7 Abraham Lincoln determined the democracy as government of the people, by the people, for the people. However it seemed clear, this implies different types of government 2 An International Multidisciplinary Journal, Ethiopia Vol. 8 of the people. Government by the people includes the idea (1), Serial No. 32, January, 2014:205-227 of popular participation in government, while government 3 Yohannes, D. (1997). Opening Remark at a UNDP and UN for the people implies that the government must act in the ECA Sponsored Regional Consultation entitled- building public interest. partnerships towards a common agenda for governance in 8 Foley, Michael W. and Edwards, Bob: The Paradox of Civil Africa, held in Addis Ababa 23-24 May 1997 Society. Journal of Democracy, Vol. 7 (1996), No 3., 38-52. 2 tactics in the pursuit of special privileges or Civil Society and Human Rights private interests while others are destructive groups such as racists, ultra-nationalist and There was an unprecedented growth of CSOs religious fundamentalists seeking to suppress involved in the promotion and protection of th the democratic rights of others9. human rights during the latter half of the 20 century due to increased global focus on human right issues and the number of international human rights instruments adopted after the Civil Society and Governance Second World War10. The United Nations Charter Governance is a process through which (UNC) is significant in the history of international decisions are made and implemented in running human rights regime. It stated that the rights a government or any other organization. of human beings are matter of international It begins with citizens participating in the concern and no longer a matter within the 11 governance process by putting forward their exclusive jurisdiction of a state . It further made opinions, followed by the aggregation of these the ‘respect of human rights and fundamental opinions for development of public policy, and freedoms for all without distinction as to then the means for holding policy implementers race, sex, language or religion’ one of the main accountable for their decisions and actions purposes of the United Nations (UN) alongside (Heyden 1996). These three variables can be the maintenance of peace and international used to define the relationship between the security12. Under the UN, the Commission on rulers and the ruled. Regimes that uphold this Human Rights (UNCHR)13 was entrusted with culture would be considered democratic whereas the task of developing a document including the ones that does not would be considered as the most fundamental human rights, along with authoritarian (Wanyama 2002). Principles of appropriate mechanisms for their protection good governance include participation, rule of which eventually led to the drafting of the ‘Bill law, transparency, responsiveness, consensus, of rights’ comprised of Universal Declaration of equity, inclusiveness, efficiency, effectiveness Human Rights (UDHR) first and consequently and accountability.
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