Politics of Transition BOOK 8/26/03 1:34 PM Page 1 Edited by: Walter O. Oyugi Peter Wanyande C. Odhiambo-Mbai Politics of Transition BOOK 8/26/03 1:34 PM Page 2 CONTENTS Preface 5 Introduction Walter O. Oyugi 7 1 The Political Economy of Transition in Kenya Patrick O. Asingo 15 2 The Rise and Fall of The Autocratic State in Kenya C. Odhiambo-Mbai 51 3 Limitations Of Political Liberalization: Parties and Electoral Politics in Kenya, 1992-2002 Karuti Kanyinga 96 Published 2003 by Heinrich Böll Foundation 4 The Politics Of Alliance Building In Kenya: Regional Office for East and Horn Africa PO Box 10799-00100 GPO The Search For Opposition Unity Nairobi Peter Wanyande 128 Kenya 5 The Centrality of Ethnicity in Kenya’s Political Transition Phone: (+254 020) 3744227 Fax: (+254 020) 3749132 Fred Jonyo 155 Email: [email protected] 6 Civil Society in The Kenyan Political Transition: 1992-2002 ©2003 Department of Political Science and Public Administration, University of Nairobi Maria Nzomo 180 The views and interpretations expressed in this book are entirely those of the writers and should not be 7 Gender Inclusion In Transition Politics: A Review attributed in any manner to the Heinrich Böll Foundation or the Department of Political Science and Critique Of Women’s Engagement and Public Administration, University of Nairobi. Winnie Mitullah 212 ISBN 9966-9772-3-6 8 Human Rights Ngos and Political Transition: Publishing and Production Consultants Guatemalan Lessons For Kenya Bookprint Creative Services Limited Dr. ScottT urner 236 Printed in Kenya by English Press Limited Politics of Transition BOOK 8/26/03 1:34 PM Page 4 9 Managing Elections In Kenya H. J. Nyamu 265 10 The Challenges To And Efficacy Of Election Monitoring Gichira Kibara 280 11 Transition And The Politics of Constitution Making: PREFACE A Comparative Study Of Uganda, South Africa And Kenya Njuguna Ng’ethe and M. Katumanga 303 12 The Politics Of Transition In Kenya, 1992-2003: Democratic Consolidation Or Deconsolidation? his book is the product of a collaborative effort between the Walter O. Oyugi 345 De p a rtment of Political Science and Public Ad m i n i s t r a t i o n , TUniversity of Nairobi and the Heinrich Böll Foundation, Kenya Office. 13 References 382 The collaboration began in September 2002 following a request by the Index 405 Department to the Foundation for support to hold a workshop on the Politics of Transition in Kenya. Kenya was in the process of holding its third multi-party elections following the re-introduction of multi-party politics in 1991. The elections provided Kenyans with the first real opportunity to replace a serving president with a new one through the ballot, because the then president had served his second and last five-year term in accordance with the constitution. The elections also provided prospects for Kenya National African Union (KANU), which had ruled the country since independence in 1963 to relinquish power to the oppo- sition party, National Rainbow Coalition (NARC). Scholars of political science at the University of Nairobi were eager to debate the challenges and prospects of this transition. In accepting to support the workshop, the Foundation also offered to support the publication of the proceedings of the workshop in a book- form to serve as a permanent record to the scholars’ academic contribu- tion to the understanding of transition politics. The actual research was conducted by social scientists—mainly political scientists—from the Department of Political Science and Public Administration, University of Nairobi and two practitioners, one from the Electoral Commission of Kenya and the other from the Centre for Governance and Democracy, a local NGO based in Nairobi. 4 5 Politics of Transition BOOK 8/26/03 1:34 PM Page 6 The papers were assigned to discussants who made detailed comments. These and the discussions at the workshop were of great benefit to the authors in revising and updating their contributions after the elections. The volume contains selected papers only. The book covers a wide array of topics and issues relevant to an under- INTRODUCTION standing and appreciation of transition politics in Kenya. The topics range from colonial to the post-colonial period but with a focus on the Walter O. Oy u g i post-1992 period. Details of the topics and issues are given in the intro- duction of the book. The editors wish to thank Heinrich Böll Foundation for supporting the workshop and the publication of this book, a book that will go a long he title of the book—The Politics ofTr ansition in Kenya: From way in shedding insights into the politics of transition in this country. KANU to NARC—is suggestive of its contents. In actuality, how- We also wish to thank the two secretaries of the Department of Political T ever, the book covers much more than just the transition from Science and Public Administration, namely Mrs. Cecilia Kamau and KANU/Moi to NARC/Kibaki. The point of departure in the volume is Mary Gatheca as well as Jimmy O. Ochieng (a research assistant to one a focus on the politics of transition in a much wider sense: the book grap- of the editors) for the secretarial and the logistic support they gave to the ples with the question of change over the whole range of post-independ- project. The final responsibility, as always, is that of the individual ence politics in Kenya, as well as touching on the transition from colo- authors. nial rule to self-rule. Transition as used in this book refers to a process leading to change from one regime to another—a change which involves leadership change at the top. In this sense therefore, we can refer to tran- Editors sition within the context of a given political party if the change involves leadership change at the top. The concept also applies in a situation 24th June 2003 where the process leads to a change not only in the leadership at the top Nairobi but also in the political party that controls state power. Therefore, the essays in this volume focus mainly on transition processes which are fol- lowed by elections in which there is regime change. Although there were four elections in which Moi was returned as president, we do not regard them as transition elections. With this conception of transition in mind, the material presented in this volume covers both colonial and post-independence transitions. Three transitions are therefore identified, namely, the transition from colonial- ism to independence, and the subsequent two transitions since then, that is, the transition from Kenyatta to Moi and from Moi to Kibaki, the lat- ter involving also the change from KANU to NARC. 6 POLITICS OF T R A N S I T I O N I N T RO D U C T I O N 7 Politics of Transition BOOK 8/26/03 1:34 PM Page 8 A study of politics of transition in any country usually confronts the was what the author calls a multi-party autocratic state under Moi. In the problem of duplication inherent in the cross cutting nature of the issues rest of the chapter which constitutes more than a half of the chapter, a that have to be raised in addressing the subject. This problem becomes presentation of the political developments which occurred in the run-up apparent in this study in that a number of chapters, though addressing to the 2002 elections is made, and the circumstances leading to opposi- specific issues in a more sustained manner, also end up touching on some tion unity and the resultant defeat of KANU are explained. The essay of the issues addressed in other chapters. In a way, this enriches the ends by addressing the emergent disharmony within NARC and wonders book–since differing perspectives emerge on the same issues. whether, indeed, autocratic tendencies are not already creeping into the NARC regime. The coverage of transition politics in the first chapter, by Asingo, is broad and starts off by examining the transition from colonialism to independ- The theme is further explored in chapter three, by Kanyinga, where ence by highlighting the constitutional engineering undertaken by the recent political events are discussed, including political alliance making British government from the early 1950s, as well as the economic and and related transition experiences against the perspectives of neo-liberal social institutions which were similarly manipulated by the British gov- political ideology. The chapter demonstrates that a neo-liberal political ernment with the sole purpose of leaving behind a system that would perspective is inadequate for illuminating and lending understanding of later serve the interest of the departing colonial power. The central thesis the Kenyan political dynamics. However, the central focus of the analy- which ties the analysis of the two subsequent transitions i.e., from sis is on the factors which acted negatively against the establishment of a Kenyatta to Moi and from Moi to Kibaki, is that the politics of intrigue liberal democratic regime. The chapter addresses a central issue which is and manipulation played a major role. This was to be expected in a situ- also the subject of chapter five, namely, the centrality of ethnicity in ation where autocratic personal rule, in the absence of institutionalised political formations and contestations during the Kenyatta and Moi governance, was the norm. At the same time the socio-political dynam- regimes, and argues that ethnic ideology acted against the construction ics within the multi-party system (especially since 1992) are addressed, of a liberal democratic society by playing a negative role in the efforts at and are seen to have accounted both for the failure of the opposition par- opposition unity between 1992-2002.