Opinion
How direct polls will solve all of Kenya’s governance woes
Posted Friday, November 27 2009 at 12:52
Ever since it started voting directly for the president in 1992, Kenya has been swimming in democracy and good governance. The direct ballot banished unaccountable leadership, corruption, murder and discrimination in one fell swoop. It even endeared the country to the institution of the presidency to the point that some citizens will today easily lay down their lives in its defence.
It is, therefore, unthinkable that anyone would countenance giving political power to a person through the back door without as much as a popular and direct election. Yet, this is what the harmonised draft constitution is suggesting: That people who have rigged elections by getting ghosts to vote for them should meet somewhere in Nairobi to elect one of their own as the head of government.
This would be tantamount to returning the country to the dark Kenyatta and Moi years when Parliament elected the president. It is worse than stealing an election.
KENYA’S CONSTITUTIONAL MOMENT presents a unique opportunity to teach the whole world how to do democracy. Never mind that the US, which is the world’s premier presidential system, does not elect its leader through a direct vote.
Never mind, either, that in South Africa they do not elect the president or even the MPs — they are picked by a party. Never mind that in Britain, the head of government is picked by a party. Kenyans are not a sheep to follow what everybody else is doing. The country could prove to the world that it is a pioneer and trailblazer in direct democracy.
The provisions in the draft saying that the prime minister should be the head of the political party with the largest number of seats in Parliament is just code for denying citizens the right to directly elect their leaders. Experience has shown that Kenyans are better off entrusting power with a benevolent dictator than with an institution peopled by many individuals.
It is apparent from history that the people play no role in electing MPs. This means, therefore, that anyone who receives MPs’ votes could not possibly enjoy popular support. Recent examples of such democratic breaches include the election of the National Assembly speaker.
Election losers and people who have scraped through with the narrowest of margins have ended up presiding over an important institution — such as Parliament; all because of the thriving buddy system among legislators. Speakers have thus been universally unpopular as a result, riding roughshod on public opinion and making decisions that protect only those who elected them.
The only way to minimise the influence MPs wield is to insist on the PM’s direct election. After that, the country should also directly elect the leader of the official opposition, because it is an important position that should not be left to the club in Parliament.
In fact, Kenya should also directly elect the speaker. After all, he or she heads the legislative branch of government and is just as important as the president. And the country could also directly elect the chief justice as head of the judiciary. Once the country has tasted the fruits of direct election in getting the president, the PM, the speaker and the CJ, it would take the next logical step. Kenyans would review some of the important decisions that Parliament takes on their behalf and reclaim their power.
Nowhere is the effect of indirect election more apparent than in the local authorities — where mayors and council chairpersons have no regard for the voters. Anyone who hopes to wield executive power must face the voters at the ballot. Only a direct ballot will end unaccountable leadership.
Direct polls ensure that when corruption occurs, such as the Sh100 billion Goldenberg scandal or its Sh53 billion Anglo Leasing cousin, it would have the voters’ blessing. The voters’ direct selection of their leadership allows them to share responsibility in the theft, murder and perpetrated in their name. Even better, the citizens themselves can be corrupt instead of delegating this onerous duty to elected representatives.
For instance, Kenyans could reclaim their power over the Budget by insisting on voting for it directly. They could then vote to abolish taxation. Why, they could even start voting for bills before they become law.
THE CITIZENRY WOULD VIGOROUSL-y claw back on the power that has been stolen from them so that it flows from them to the Government. It is going back to the roots of democracy where everything was decided at the public square. In a pretty short order, Parliament would become redundant and would have to close.
The savings to be made from getting rid of MPs are humongous — the country would not have to shoulder car grants or mortgages MPs enjoy. Their tax-free allowances would no longer give the country such grief, and the people would finally represent themselves. More importantly, political parties would become irrelevant. What is the use of bunching together, thinking and organising together when the voter wields direct power? Three cheers for direct elections.
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Submitted by ThabariPosted November 28, 2009 07:39 PM
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Submitted by bobwogo
Brilliant Makokha. Sometimes the only way to get to a fool's mind is through sarcasm and irony-- and you always do it so well. It is amazing how we get so distracted by arguments that hold little water--like this one of not having a constitutional office holder unless he/ she is elected directly by the people. Next we shall demand a right to chose our parents. You made my Saturday and I rest me case. Dr Obwogo Subiri
Posted November 28, 2009 01:26 PM -
Submitted by werssylwer
Lets go direct !!
Posted November 28, 2009 02:30 AM




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Makokha, I can understand your skepticism. But really, we're missing an opportunity here to expand public participation. County and regional legislators and Senators should be elected directly. For the devolved system to make any sense, the regions ought to be microcosms of the state with their own judicial systems (with AG, judges, police, prisons etc) and more control of local affairs. We should have entrenched the jury system as a check against compromised judges. Ask yourself, what are regions for in the new system?