Kenya is headed to elections and this time it will be different because the incumbent President, H.E Uhuru Muigai Kenyatta will be exiting the scene. As per the Kenyan constitution, a president can only serve for a maximum of two terms. Each term is five years long.
When the incumbent is running for re-election, particularly in Kenya, they use the power of incumbency and the resources at their disposal to ensure that they remain in power. This is where they leverage the police force and anti-riot police to quell the opposition and crash protests. President Uhuru’s government did that in 2017 when the opposition brigade led by Raila Odinga disputed the results of the elections.
The opposition found reprieve in the Supreme Court which ruled that the election was invalid and ended up nullifying the process. Later Kenyans had to go back to the ballot for a repeat of the process for the very first time in Kenya ever.
This year will be different and the role of the civil society could not be more vital. Civil society in Kenya can take enough steps to ensure that the election process is credible and that the voters won’t be shortchanged.
Three authors; Brian Muithya, Gregory Namusonge and Samson Nyang’au authored a research paper titled “The role of civil society organizations in the electoral process in Kenya.” The report attempts to decipher what civil society has done in previous years and what they can do more.
Here are some of the roles that they recommend:
“The fundamental role of civil society in an electoral process which often takes the form of support for election institutional processes as well as the more substantive development of a democratic space in a country,” states the report.
In Kenya, the electoral process has evolved and matured over time thanks to the Constitution of Kenya 2010. The presence of the civil society organizations such as the Kenya Human Rights Commission (KHRC), The Africa Centre for Open Governance (AfriCOG), the Linda Katiba movement, and Article 19 among others helps to defend and ensure that there are free, fair and credible elections.
Election-conflict dynamics
The civil society movement should also work to ensure that conflict dynamics during elections are well managed. As such it’s the role of these organizations to promote peace and fight for social justice. One famous opposition leader in Kenya said that there can be no peace without justice.
Therefore, they shouldn’t be seen or perceived to stand behind sham elections. If they do this, they lose their credibility and effectively fail in their mission to promote peaceful and credible elections. In Africa, as has been observed in many disputed, contentious elections, conflict arises once the credibility of the vote is questioned. And in nations where the rule of law is easily broken by the powers that be, the aggrieved parties start beating the drums of war. If an intervention isn’t swiftly staged, it spirals fast into full-blown clashes.
Representing the citizens’ interests
Civil societies are and should be representatives of the citizens. Consequently, if they notice that the state is infringing on the citizens’ rights to vote and have their decision respected, they should challenge the state.
“Operating within civil society organization represents citizens’ interests by challenging the state’s power by various means, such as providing alternative services that may compete with or supplement the services of the state and challenging state policies through advocacy and constituency mobilization,” recommends the report.
The vote should represent the will and the aspirations of the people. That should be paramount and it should be protected at all costs. This role falls at the feet of civil society though not entirely.
In conclusion
Is civil society necessary? It’s a no brainer. We need a vibrant, thriving civil society that’s very much aware of its role. The study concluded therefore that the “Majority of the respondents were in agreement with the statements that vibrant civil society body is paramount in contributing effectively in a sound electoral process.”