Parties, as well as independent candidates guilty of hypocrisy

Nairobi’s gubernatorial aspirant as an Independent candidate Peter Kenneth after he was cleared by the IEBC officials at Kasarani Safaricom Stadium on June 2, 2017. PHOTO | DENNIS ONSONGO | NATION MEDIA GROUP

What you need to know:

  • In other words, independent political office holders are supposed to be an exception rather than the rule.
  • The Constitution directly vests in the voters the right to decide the contest between all political candidates.
  • Major political parties have done well in sponsoring “indigenous” candidates in such cosmopolitan counties.

On account of legitimate concerns over the fairness of the party primaries, two things have happened during the current political season that are likely to have long-term impact. 

First, widespread dissatisfaction with the party primaries has resulted in an unprecedented number of credible independent candidates which could easily result in the election of a significant number of independent MPs, MCAs and possibly governors. 

Secondly, in the strongholds of the Jubilee Party and the National Super Alliance (Nasa), the presidential candidates have been subjected to intense political pressure to either denounce independent candidates or to let the voters decide the contest for local seats.

Given that in some counties like Laikipia, Kisumu, Migori and Uasin Gishu the rivalry between dominant parties and independent candidates might have national security implications as we draw closer to the General Election, it is important to interrogate the premises of the protagonists and their attendant sense of entitlement.

DEMOCRATIC STATE

By virtue of our Constitution, Kenya is a multiparty democratic state and so all the protagonists in the rivalry between party candidates and independent candidates are equally guilty of hypocrisy in several respects.

For starters, by declaring Kenya a multiparty democratic state, the Constitution envisages that parties are the cornerstone of government and that politics would be organised and revolve around them.

In other words, independent political office holders are supposed to be an exception rather than the rule.

Secondly, the provision for independent candidates is based on recognition that citizens have a right not to belong to any political party and to seek office in their own right.

POLITICAL CANDIDATES

Thirdly, the Constitution directly vests in the voters the right to decide the contest between all political candidates.

Put differently, in a real democracy there should be no legitimate and illegitimate candidates.

These basic principles have obvious practical implications in the on-going political campaigns.

For parties seeking to form either the national or county governments they have a right and a duty to campaign for their candidates against rivals.

However, candidates of dominant political parties should not expect to be elected merely because they belong in the same party with the preferred presidential candidate.

PARTY TICKETS

Similarly, independent candidates should desist from demanding of presidential candidates not to campaign for those with their party tickets.

The truth is that in perceived Jubilee strongholds it is politically smart for independent candidates to support Uhuru Kenyatta just as campaigning for Raila Odinga in Nasa.

Thus understood in the gubernatorial contest in Uasin Gishu County, Governor Jackson Mandago is obviously wrong to demand of the President and Deputy President William Ruto to coerce his rival Bundotich Buzeki to give up his bid for the seat as an independent candidate.

It is even worse for Governor Mandago to blackmail “non-indigenous” voters in Uasin Gishu County against supporting Buzeki — who is a native of the county.

I agree with the Deputy President’s sentiments that in a cosmopolitan county like Uasin Gishu, politicians should compete based on policies and agenda not tribe and other irrelevant issues.

POLITICAL TENSION

To say all this is not to deny the grave reality that Buzeki’s determination to be on the ballot is bound to raise political tensions in a hotspot area.

Further, Jubilee endorsed the nomination victory of Kevin Okwara for the Turbo Parliamentary seat. 

This is not unique to Uasin Gishu. It is real in other cosmopolitan counties like Isiolo, Lamu, Mombasa and Kajiado among others where the probability of “non-indigenous” candidates winning important political seats will rise as Kenya becomes more urbanised.

Major political parties have done well in sponsoring “indigenous” candidates in such cosmopolitan counties. Given that independent candidates have no such inhibitions, the spectre of, say, a non-Maasai candidate winning the gubernatorial seat in Kajiado County is real.

COSMOPOLITAN AREAS

This is equally true of Uasin Gishu, Lamu, Mombasa and other cosmopolitan areas. 

We must start grappling with this imminent political challenge.

Eldoret town is the headquarters of Uasin Gishu County and Kenya’s fifth largest town.

With the discovery of oil in Turkana and good prospects in the Kerio Valley, the demography is bound to change radically as the town expands.

Amongst Kenya’s largest towns, Eldoret is the only one without an urban constituency because the local political elite have hitherto preferred to carve out the town between rural constituencies. 

Thus all of Uasin Gishu’s six constituencies converge in Eldoret town. 

The writer is a constitutional lawyer [email protected]