Kenya's Existential Elections and Why They Matter
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Kenya's Supreme Court
Kenya’s Supreme Court: Old Wine in New Bottles? By Special Correspondent As the six Supreme Court judges were adjudicating Kenya’s first presidential election petition in March 2013, Justice Kalpana Hasmukhrai Rawal was waiting for a new president to take office and the newly elected National Assembly to convene so that her nomination as Deputy Chief Justice could move forward. The Judicial Service Commission (JSC) had settled on her appointment after interviewing a shortlist of applicants in February 2013. The Judges and Magistrates Vetting Board had earlier found her to be suitable to continue serving as a Court of Appeal judge. Justice Rawal eventually joined the Supreme Court on 3 June 2013. Two years later, Justice Rawal became the second Deputy Chief Justice (after Nancy Baraza, who resigned after she was heavily criticised for abusing her authority by threatening a security guard after the guard demanded to search her at a mall) to be embroiled in controversy. In 2015, Rawal challenged a notice that she retire at the age of 70. Around the same time, the then Chief Justice, Dr Willy Mutunga, would announce that he wanted to retire early so that the next Chief Justice would be appointed well ahead of the next election. In May 2014, Justice Philip Kiptoo Tunoi and High Court judge David Onyancha challenged the JSC’s decision to retire them at the age of 70. They argued that they were entitled to serve until they reached the age of 74 because they had been first appointed judges as under the old constitution. What seemed like a simple question about the retirement age of judges led to an unprecedented breakdown in the collegiate working atmosphere among the Supreme Court judges that had been maintained during the proceedings of the presidential election petition. -
Reflections from Kenya's 2010 Transformative Constitution
Developing Progressive African Jurisprudence: Reflections from Kenya’s 2010 Transformative Constitution 2017 LAMECK GOMA ANNUAL LECTURE Lusaka, Zambia, July 27, 2017 Willy Mutunga1 Preliminary Remarks Chair of SAIPAR Members of the Institute I thank the Southern African Institute for Policy and Research (SAIPAR) for inviting me to give the PROFESSOR LAMECK GOMA ANNUAL LECTURE 2017. The late Professor Goma was a great scholar, the first Zambian Vice-Chancellor of the University of Zambia. He was also a great researcher and a patriotic public servant. 1 Dr. Willy Mutunga is the former Chief Justice of the Republic of Kenya and the President of the Supreme Court of Kenya. A major part of my remarks are taken from a speech I gave to Judges and guests of the Kenyan Judiciary on the occasion of the launching the Judiciary Transformation Framework on May 31, 2012. That speech has been published in the Socialist Lawyer: Magazine of the Haldane Society of Socialist Lawyers. Number 65. 2013,20. The journey of my thoughts since then and now reflected in this Lecture owes a great debt of intellectual, ideological and political gratitude to the following mentors and friends: Professors Jill Ghai, Yash Ghai, Sylvia Tamale, Joel Ngugi, James Gathii, Joe Oloka-Onyango, Issa Shivji, Makau Mutua, Obiora Okafor, Yash Tandon, David Bilchitz, Albie Sachs, Duncan Okello, Roger Van Zwanenberg, and Shermit Lamba. My Law Clerks at the Supreme of Kenya, namely, Atieno Odhiambo, Sam Ngure and Maxwell Miyawa helped with research. The theme of this Lecture is drawn -
Kenya Election History 1963-2013
KENYA ELECTION HISTORY 1963-2013 1963 Kenya Election History 1963 1963: THE PRE-INDEPENDENCE ELECTIONS These were the last elections in pre-independent Kenya and the key players were two political parties, KANU and KADU. KADU drew its support from smaller, less urbanized communities hence advocated majimboism (regionalism) as a means of protecting them. KANU had been forced to accept KADU’s proposal to incorporate a majimbo system of government after being pressured by the British government. Though KANU agreed to majimbo, it vowed to undo it after gaining political power. The majimbo constitution that was introduced in 1962 provided for a two-chamber national legislature consisting of an upper (Senate) and lower (House of Representative). The Campaign KADU allied with the African People’s Party (APP) in the campaign. KANU and APP agreed not to field candidates in seats where the other stood a better chance. The Voting Elections were marked by high voter turnout and were held in three phases. They were widely boycotted in the North Eastern Province. Violence was reported in various parts of the country; four were killed in Isiolo, teargas used in Nyanza and Nakuru, clashes between supporters in Machakos, Mombasa, Nairobi and Kitale. In the House of Representative KANU won 66 seats out of 112 and gained working majority from 4 independents and 3 from NPUA, KADU took 47 seats and APP won 8. In the Senate KANU won 19 out 38 seats while KADU won 16 seats, APP won 2 and NPUA only 1. REFERENCE: NATIONAL ELECTIONS DATA BOOK By Institute for Education in Democracy (published in 1997). -
Party Totals Independent Candidates Total Candidates
Combined Party and Independent Candidates Summary County Woman Member of Member of National Member of County President Governor Senator Assembly Parliament Assembly Grand Total Party Totals 8 183 263 261 1,473 9,142 11,330 Independent Candidates 11 63 86 69 605 2,918 3,752 Total Candidates 19 246 349 330 2,078 12,060 15,082 Comparisons between Party and Independent Candidates Grand Total Member of County Assembly Member of Parliament County Woman Member of National Assembly Senator Governor President - 2,000 4,000 6,000 8,000 10,000 12,000 TOTAL NUMBER OF APPLICANTS PER POLITICAL PARTY AND ELECTIVE POSITION ELECTIVE POSITIONS POLITICAL PARTY President Governor Senator County Woman Member of National Assembly Member of Parliament Member of County Assembly Grand Total 1 JUBILEE PARTY 1 45 46 47 278 1384 1801 2 ORANGE DEMOCRATIC MOVEMENT 1 27 33 33 203 992 1289 3 MAENDELEO CHAP CHAP PARTY 0 11 20 28 100 752 911 4 KENYA AFRICAN NATIONAL UNION 0 9 17 27 101 541 695 5 AMANI NATIONAL CONGRESS 0 11 13 13 95 507 639 6 WIPER DEMOCRATIC MOVEMENT0 KENYA 1 13 14 14 82 508 632 7 FORUM FOR RESTORATION OF DEMOCRACY-KENYA 0 4 15 13 87 512 631 8 CHAMA CHA MASHINANI 0 5 5 9 39 314 372 9 PARTY OF NATIONAL UNITY 0 5 5 10 40 284 344 10 DEMOCRATIC PARTY OF KENYA 0 4 5 3 26 226 264 11 CHAMA MWANGAZA DAIMA 0 1 3 1 9 216 230 12 UNITED DEMOCRATIC PARTY 1 5 5 4 26 187 228 13 NATIONAL RAINBOW COALITION-KENYA 0 3 4 6 29 185 227 14 FEDERAL PARTY OF KENYA 0 0 8 4 25 154 191 15 SAFINA 0 4 3 2 21 154 184 16 THE NATIONAL VISION PARTY 0 1 3 8 20 146 178 17 AGANO PARTY 0 -
Kenya Round 7 Questionnaire
Version 1 AFROBAROMETER ROUND 7 THE QUALITY OF DEMOCRACY AND GOVERNANCE IN KENYA Document revised: 12 September 2016 Respondent Number Fieldworker No. Data Entry Clerk No. Field Number: K E N K E N K E N [Office Use Only] [Allocated by Supervisor] GPS COORDINATES PSU/EA: [Circle one] Urban 1 Rural 2 [Interviewer: Select appropriate code for Region/Province. Write names for District and Town/Village and EA number in the boxes.] Province (For Afrobarometer internal use) Nairobi 300 County Central 301 District Eastern 302 Town / Village Rift Valley 303 EA Name Nyanza 304 EA Number Western 305 North Eastern 306 Coast 307 EA-SVC. Are the following services present in the primary sampling unit / Can't Yes No enumeration area? determine A. Electricity grid that most houses can access 1 0 9 B. Piped water system that most houses can access 1 0 9 C. Sewage system that most houses can access 1 0 9 D. Mobile phone service 1 0 9 EA-FAC. Are the following facilities present in the primary sampling unit / Can't Yes No enumeration area or in easy walking distance? determine A. Post office 1 0 9 B. School (private or public, or both) 1 0 9 C. Police Station 1 0 9 D. Health Clinic (private or public, or both) 1 0 9 E. Market Stalls (selling groceries and/or clothing) 1 0 9 F. Bank 1 0 9 G. Is there any kind of paid transport, such as a bus, taxi, moped, or other form, available 1 0 9 on a daily basis? EA-SEC. -
Political Parties Office Headquarters and Contacts
Political Parties Office Headquarters and Contacts CODE PARTYNAME LOCATION CONTACTS EMAIL ADDRESS 001 National Rainbow Coalition-Kenya Woodland Road, Off Lenana Road P.O BOX 34200-00100 [email protected] CELL PHONE:2726783/2726759 [email protected] 002 The National Vision Party Teleposta Towers 19h Floor, Koinange Street P.O BOX 29200-0100 NAIROBI [email protected] Nairobi CELL PHONE:020 310896 003 The Labour Party Of Kenya Kilimani Area, Shiko Road Off Elgeyo P.O BOX 46775-00100 NAIROBI [email protected] Marakwet Road CELL PHONE:0724 308 773, 0203533380 004 Grand National Union Plot No.L.R Ref No.3734/891lavington P.O BOX 54702-00200 NAIROBI Nairobi CELL PHONE: 0721 481 473 005 Chama Mwangaza Daima Thika Road Day Company House Next To P.O BOX 64929-00620 NAIROBI [email protected] Safari Park Hotel Plot 368 CELL PHONE:0722 319 284 006 United Democratic Forum Party Waiyaki Way,Off Riverside Drive Metropolitan P.O BOX 29299-00100 [email protected] Estate House No.6 Chiromo CELL PHONE:0729 351400 007 Party Of Independent Candidates Of Kenya Kenyatta Avenue,Uganda House 2 Nd Floor P.O BOX 21812-00400 [email protected] Room 20 CELL PHONE:0727 360052 / 0727360652 008 Restore And Build Kenya Cedar Clinical Associates,Makasembo Road P.O BOX 2670-30100 [email protected] Eldoret CELL PHONE:0722 807 261 009 Kenya National Congress Mbabane Road,Off James Gichuru Road P.O BOX 1498-00100 [email protected] CELL PHONE:0202604013 010 Mazingira Greens Party Of Kenya Paa Crescent -
Governance Assessment Kenya 2016.Pdf
GOVERNANCE ASSESSMENT KENYA: JANUARY 2013 – JULY 2016 Kenya: Governance Assessment GOVERNANCE ASSESSMENT Kenya: January 2013 – July 2016 Roland Ebole and Morris Odhiambo1 1 Introduction This report focuses on politically significant developments in Kenya from 2013, when the country held its first general elections under the 2010 constitution. The constitution is considered to have markedly enhanced protection of basic rights, significantly constrained executive power, and provides limited devolution of powers across 47 newly created county governments.2 In 2013, Kenya held its first general election under the 2010 constitution. Kenyans cast their votes for president, national and county-level representatives, female representatives to the National Assembly, and governors. With 50.5% of the vote, Uhuru Kenyatta of the National Alliance (TNA), backed by the Jubilee Alliance, won the presidency. His opponent, Raila Odinga of the Orange Democratic Movement (ODM), backed by the Coalition for Reforms and Democracy (CORD), was second with 43.7%. The election of governors and local assemblies strengthened the position of county governments. Female representatives to the National Assembly were elected in all 47 counties3 while 16 more were nominated to the Senate.4 Following the vote, CORD and a civil society organization (CSO) challenged the outcome of the presidential election at the Supreme Court,5 which had only 14 days to consider their petition under the constitution.6 Moreover, the pay scale for members of parliament set by the Salaries and Remuneration Commission was rejected by legislators, forcing the SRC to approve higher salaries.7 Implementation of the constitution and additional reforms continued, including the vetting of police officers by the National Police Service Commission (NPSC) and scrutiny of judges and magistrates by the Judges and Magistrates Vetting Board (JMVB). -
Judging the Judges: Who Are the Supreme Court Justices?
By Apollo Mboya If there is a jurisdiction that the Justices of the Supreme Court of Kenya curse is the court’s exclusive original jurisdiction to hear and determine presidential election petitions. It is both legal and political but politics reign supreme. In a highly divided country, the court will be doomed whichever way it rules. Former Chief Justice Dr. Willy Mutunga, conscious of the impact of “political jurisdiction” on the courts, expressed his frustrations in a public forum that courts ought not handle election disputes but instead politicians should “deal with their own shit” elsewhere. In his dissenting opinion in Bush v. Gore, Justice Stevens, underscoring CJ Mutunga’s thinking sympathized with the Supreme Court of the United States and indeed the judiciary following the highly disputed 2001 election dispute between George Bush and Al Gore opining as follows: Although we may never know with complete certainty the identity of the winner of this year’s presidential election, the identity of the loser is perfectly clear. It is the Nation’s confidence in the judge as an impartial guardian of the rule of law. Although SCOTUS does not have exclusive jurisdiction on presidential election dispute as Kenya’s, Bush v. Gore has been the court’s sore thumb that is thought to have led to a “court generated president”. Erwin Chemerinsky in his book The Case Against the Supreme Court notes: Bush v. Gore obviously cost the Supreme Court in terms of credibility. More than forty-nine million people who voted for Al Gore, and likely almost all of them regard the Court’s decision as a partisan ruling by a Republican majority [judges] in favour of the Republican candidate. -
Submission of Political Party Nomination Rules
PRESS RELEASE FOR IMMEDIATE RELEASE SUBJECT: SUBMISSION OF POLITICAL PARTY NOMINATION RULES NAIROBI, KENYA: Wednesday, March 8th, 2017 – The Commission is in the process of reviewing the nomination rules submitted by 67 registered political parties to ensure compliance with the prescribed guidelines and respond to the democratic principles of governance as espoused by Article 91 of the Constitution. One provisionally registered political party and one Coalition also submitted their nomination rules. The Commission published a public notice requiring Political Parties to submit Nomination Rules by 2nd March, 2017. Political Parties are further reminded to submit their membership lists on or before 19th March, 2017. The following Political Parties submitted their nomination rules by 2nd March, 2017 1. Progressive Party of Kenya 2. Ford-Kenya 3. Chama Cha Uzalendo 4. Democratic Congress 5. Kenya Social Congress 6. United Democratic Movement 7. Diligence Development Alliance 8. Ukweli Party 9. New Democrats 10. Democratic Party of Kenya 11. Party of Democratic Unity 12. Roots Party of Kenya 13. Maendeleo Democratic Party 14. Mzalendo Saba Saba 15. Alternative Leadership Party of Kenya 16. Kenya National Democratic Alliance 17. People’s Party of Kenya 18. Empowerment and Liberation Party 19. Vibrant Democratic Party 20. Kenya National Congress 21. NARC-Kenya 22. Kenya Patriots Party 23. Party of Independent Candidates of Kenya 24. National Rainbow Coalition 25. Restore and Build Kenya Party 26. Citizen Convention Party 27. Farmers Party of Kenya 28. Green Congress of Kenya Party 29. Devolution Party of Kenya 30. Amani National Congress 31. Safina Party of Kenya 32. People’s Empowerment Party 33. -
The Kenya General Election
AAFFRRIICCAA NNOOTTEESS Number 14 January 2003 The Kenya General Election: senior ministerial positions from 1963 to 1991; new Minister December 27, 2002 of Education George Saitoti and Foreign Minister Kalonzo Musyoka are also experienced hands; and the new David Throup administration includes several able technocrats who have held “shadow ministerial positions.” The new government will be The Kenya African National Union (KANU), which has ruled more self-confident and less suspicious of the United States Kenya since independence in December 1963, suffered a than was the Moi regime. Several members know the United disastrous defeat in the country’s general election on December States well, and most of them recognize the crucial role that it 27, 2002, winning less than one-third of the seats in the new has played in sustaining both opposition political parties and National Assembly. The National Alliance Rainbow Coalition Kenyan civil society over the last decade. (NARC), which brought together the former ethnically based opposition parties with dissidents from KANU only in The new Kibaki government will be as reliable an ally of the October, emerged with a secure overall majority, winning no United States in the war against terrorism as President Moi’s, fewer than 126 seats, while the former ruling party won only and a more active and constructive partner in NEPAD and 63. Mwai Kibaki, leader of the Democratic Party (DP) and of bilateral economic discussions. It will continue the former the NARC opposition coalition, was sworn in as Kenya’s third government’s valuable mediating role in the Sudanese peace president on December 30. -
Toward a Rule of Law Culture: Practical Guide
TOWARD A RULE OF LAW CULTURE Exploring Effective Responses to Justice and Security Challenges PRACTICAL GUIDE Leanne McKay TOWARD A RULE OF LAW CULTURE Exploring Effective Responses to Justice and Security Challenges PRACTICAL GUIDE Written by Leanne McKay and edited by Adewale Ajadi and Vivienne O’Connor With contributions by Adewale Ajadi, Diane de Gramont, Hamid Khan, Rachel Kleinfeld, George Lopez, Tom Parker, and Colette Rausch UNITED STATES INSTITUTE OF PEACE Washington, D.C. United States Institute of Peace 2301 Constitution Avenue, NW Washington, DC 20037 www.usip.org © 2015 by the Endowment of the United States Institute of Peace. All rights reserved. First published 2015 To request permission to photocopy or reprint materials for course use, contact the Copyright Clearance Center at www.copyright.com. For print, electronic media, and all other subsidiary rights e-mail [email protected] Printed in the United States of America The paper used in this publication meets the minimum requirements of American National Standards for Information Science—Permanence of Paper for Printed Library Materials, ANSI Z39.48-1984. This guide is available in English, Arabic, and French at www.usip.org. The views expressed in this publication are those of the author alone. They do not necessarily reflect the views of the United States Institute of Peace. ii TOWARD A RULE OF LAW CULTURE A RULE OF LAW TOWARD Contents List of Figures ............................................................................................................................. -
Jiamini Jihusishe
JIHUSISHE FACT SHEET ON YOUNG WOMEN AND POLITICAL PARTIES 2012 Caroline Kogi: Content Developer Judy Nguru Walla: Editor Geoffrey Oigo: Design & Layout The Youth Agenda ( YAA ) Woodlands Court, Kirichwa Lane, Off Ngong Road P.O. Box 10174 - 00100, Nairobi Tel: +254 -20 - 2022026 Fax: +254 - 20 - 3559212 Email: [email protected] @ Youth Agenda, 2012 All rights reserved. Parts of this document may be reproduced for non-commercial use without permission from the authors, provide that acknowledgement is given to Youth Agenda. TABLE OF CONTENTS 1.0 A CASE FOR YOUNG WOMEN .................................................. 1 2.0 LEADERSHIP POSITIONS AVAILABLE FOR YOUNG WOMEN ......... 2 2.1 Elective positions ....................................................................................... 3 2.2 Nominative positions ................................................................................. 4 2.3 Appointive positions .................................................................................. 5 3.0 YOUNG WOMEN AND POLITICAL PARTIES ................................ 6 3.1 Political parties .......................................................................................... 7 3.2 Why should a young woman join a political party? ................................... 8 Benefits for young women .................................................................. 9 Benefits for political parties ................................................................... 10 3.3 Role of young women in political parties .................................................