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Set up to Fail? Police Reforms in Kenya

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Police reform
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For over a decade now, Kenyans have been listening to talk about police reforms. And though it may be true that police now have more fancy crowd control equipment than they did 10 years ago, and more cars, a forensic lab, health care insurance, armed vehicles, and some extra housing, this has yet to translate into better police performance that is noticeable for the average Kenyan. And frankly, there is little reason to be optimistic things will change in the near future.

Ever since its inception by the colonial powers, police in Kenya have functioned as a class institution, where members of the higher classes receive quite different treatment from the lower classes. Rather than serving the interests of the public, police have been serving the interests of those in power, especially when those in power could exercise influence over promotions and removals. For the others, policing in Kenya has since long been characterised by excessive use of force, extra-judicial killings, torture, and corruption.

Police frequently fail to respond professionally to policing situations, whether they involve calls for assistance, criminal investigations, dealing with terrorist threats, managing peaceful protests or even the handling of traffic. As a result, the public lacks confidence and is reluctant to report to the police or otherwise provide them with information.

As with any misconduct, it doesn’t stop at the gates of the institution: members of the police also fall victim to (internal) corruption, nepotism and (sexual) harassment. Nor are all police officers bad – on the contrary, there are many good willing, hardworking officers, who want the system to change, who are desperate to build true professional pride, and who were hoping the reforms would bring the long hoped for changes.

In sum, there is no real incentive for the powers-that-be to build a truly effective, professional, accountable police service.

Also, members of the upper classes are certainly not safe from bad policing. Cases such as the killing of the son of a British aristocrat, Alexander Monsoon, in 2012, the killing of the son of a former MP in 2009, and last April, the killing of the son of a senior police officer spring to mind. Likewise, the upper classes’ safety is hardly guaranteed: though senior members of the political and executive elites usually have substantial security detail (drawn from the police), this provides only some protection, and certainly does not protect against terrorism; a case in point is the death of the President’s nephew during the attack on the Westgate Mall. Make no mistake; without doubt, the lower classes get far worse policing, if any at all, than the middle and upper classes and especially when it comes to the use of force, they find themselves on the receiving end much, much more often than their richer compatriots. But it is not true that policing for the higher classes is without problems.

How did this situation evolve the way it did? First of all, due to systematic underfunding, misallocation of funds and regular inappropriate interference in police operations, the police force has been unable to develop into a service that meets international professional standards. But why did the powers-that-be allow this situation to evolve like this? For this we have to go a bit deeper, looking at how Kenya, with its politics dominated by tribalism and a winner-takes-all mentality, is a country where winning the elections means access to wealth. As such, it is useful for those in power, at whichever level, to have police who are loyal to them, rather than politically neutral servers of the general public.

Moreover, let’s not forget Kenya still is a country with various leaders being accused of various levels of involvement in organised crime and corruption, and with a ‘culture of impunity’ (see Branch 2011; or look at the difficulty the judiciary is having to interpret Chapter VI of the Constitution, let alone getting it implemented in practice). Indeed, reports of political involvement in drug trafficking, ivory poaching and corruption involving senior Government officials and businessmen closely related to the political elite (Gastrow 2011; Kahumbu 2014), make it clear that it may not be that beneficial for the country’s elite to have truly professional police that handle crime effectively: indeed they themselves might be targeted by police investigations. In sum, there is no real incentive for the powers-that-be to build a truly effective, professional, accountable police service.

This says something about the context in which police, and indeed other Government institutions, operate. Police in Kenya, like in most other countries, have a level of discretion to decide how to deal with certain policing situations. Such discretion is often seen as a defining element of police professionalism: within the boundaries set by the law and policies, police officers have a level of freedom to decide how to respond to a given situation, based on the specific nature of that situation. Indeed, where the public trusts the police they are willing to ‘grant’ them operational independence, and discretion, for which the police have to account. Discretion must be balanced by effective accountability, so that afterwards the appropriateness of the police’s actions can be assessed.

What has happened, however, is that the police in Kenya have had limited operational independence, and there was limited if any, effective, external oversight. The lack of oversight made it even easier to deploy the police for personal gain, and also to block investigations and operations that became a threat, and at the same time it gave the police space to serve their own interests, as when they collect bribes and intimidate and harass members of the public. Though it is too simple to say that the police are merely a puppet for those in power – and ultimately the President – it must be recognized they operate within the boundaries set by them. An effective accountability structure that includes independent oversight would greatly diminish the ‘playing field’ of both the rulers they serve as well as their own, and as such is not in the interest of either. The police have been given by and large a free hand, as long as they do not interfere with businesses that should be left unpoliced and instead ‘deal with’ crime and other security threats; that free hand has, however, extended beyond control, hence the extortions, killings, and tortures.

The police have been given by and large a free hand, as long as they do not interfere with businesses that should be left unpoliced and instead ‘deal with’ crime and other security threats; that free hand has, however, extended beyond control, hence the extortions, killings, and tortures.

It should be noted that this context is facilitated by a sometimes rather permissive attitude of the general public towards police misconduct, and mixed messages about what it is they want from the police. For example, with regards to killings by the police, all too often the comments from the general public are not only permissive, but sometimes even literally calling on the police to kill more. Civil society could, and should, play a role in opening up, and guiding the public debate about the type of police we want for Kenya today. Yet, to date, such a debate has yet to materialize.

Over the years, this situation led to ever-louder calls, by civil society and other stakeholders, for police reforms. For some 15 years now, there have been several reform efforts. A first comprehensive police reform effort was undertaken in 2003-4 after the NARC Government came to power on an agenda of change and anti-corruption. An ambitious police reform document (Strategic Plan 2004-2008) was developed, largely focusing on improving salaries and allowances and enhancing budget allocation to address infrastructural, operational and administrative concerns, but failed to propose substantial reforms that would have resulted in more accountable, more fair and effective policing. Calls for police reforms gained strength after the 2007/08 post-election violence. Domestic actors and representatives of the international community convinced the two principals, Mwai Kibaki and Raila Odinga, to sign the ‘National Peace Accord’, of which ‘Agenda item 4’ addresses ‘Long term issues and solutions’, including ‘Constitutional, legal and institutional reform’. It is under this agenda item that police reform was addressed. As the National Task Force on Police Reform later noted: “the inclusion of Police Reform under ‘Agenda Four’ stemmed from a strong feeling that the level of post-election violence and destruction would have been minimized had the Police responded in a professional non-partisan manner” (p.1).

In line with the Peace Accord, the coalition-Government established the ‘Commission of Inquiry on Post-Election Violence’ (also known as the CIPEV Commission, or Waki Commission, named after its Chair, Justice Philip Waki). ‘Waki’ revealed that, not only had the police been unable to prevent the violence or protect members of the public against it, they also actively contributed to the violence, with estimates that one third of the people who were killed died at the hands of members of the police. The two Principals agreed to implement certain recommendations from ‘Waki’, including the establishment of an Independent Police Service Commission and an Independent Police Conduct Authority, as well as the establishment of the National Task Force on Police Reforms in May 2009, (known as the ‘Ransley Commission’ after its Chair, Retired Justice Philip Ransley). ‘Ransley’ was tasked to evaluate the current police, and make recommendations for improvement. In total, ‘Ransley’ made over 200 recommendations to improve the efficiency and effectiveness of the police, conditions of service, provision of welfare benefits and greater security for officers, enhance accountability and create attitude and culture change. It called for establishing an effective complaints system, a Police Council and a Police Service Commission. After Ransley, the Government set up the Police Reform Implementation Committee (PRIC) to prepare implementation of the recommendations.

The key objective of the current reform project, as laid down by the Police Reforms Implementation Committee in 2011, is to enhance police professionalism and accountability; its ultimate goal ‘is to transform the police force into an effective, efficient and trusted police service’. The reforms have been codified in the 2010 Constitution and subsequent laws, most notably the National Police Service Act (c.11a), National Police Service Commission Act (c.30) and Independent Policing Oversight Authority Act (c.35), all of 2011. The Constitution gives an outline of the accountability infrastructure for the police. Overall command over the two Police Services, i.e. the Administration Police Service and the Kenya Police Service, is with the Inspector General who has security of tenure for four years, and is given independence of command. The Constitution prohibits the Cabinet Secretary, or anybody else, from interfering in police operations, investigations or employment and deployment matters. This also means that the Provincial Administration, or its equivalent, can no longer direct the police, which is a huge break with the past. Secondly, the Cabinet Secretary can give policy guidance only and this has to be in writing. Thirdly, the Constitution establishes the National Police Service Commission (the Commission, or NPSC) as responsible for recruitment and appointment and confirmation of promotions and transfers and gives the Commission the authority to observe due process, exercise disciplinary control and remove persons holding or acting in offices within the NPS. Even though the NPSC is a hybrid of both police and non-police (the IG and the two Deputy IGs are members, and the Commission includes two retired police officers, one from each branch of the Police Service; only the other four members are non-police), its independence is guaranteed under the Constitution. Fourthly, the Constitution places all national security organs under civilian authority and instructs the police to behave according to well-defined values of integrity and to reach out to the communities.

Yet, trouble loomed from the start. Normally, when a Bill has been adopted in Parliament, and is assented to by the President, it is sent to the Government’s Printer for printing and publication. As the key hurdle is parliamentary approval, followed by the President’s assent, printing should be a technicality only. Not so this time. Though the IPOA and the NPSC Acts were released fairly quickly, the NPS Act was only published one year later, in July 2012. Also, setting up the relevant institutions, most notably IPOA and the NPSC, was faced with delays. The IPOA Board was only appointed in June 2012 and the NPSC Commissioners were appointed in October 2012, more than a year after the Act was adopted in Parliament.

Tellingly, to date, there have been three amendments to the NPS Act, as well as one to the NPSC Act which strengthened the role of the executive, most notably the Cabinet-Secretary for Internal Security and Coordination of National Government, while weakening the NPSC.

In such a context, it should come as no surprise that implementation of the Acts, in letter but even more so in spirit, is wanting. For example, the Service Standing Orders should have been amended in order to comply with the new legislation and made public within one year after commencement of the Act. Not so. Releasing the Standing Orders would allow for a level of transparency that is apparently not in the interest of those in charge (whether de jure or de facto). Also, as can be seen by the many police shootings resulting in death, it is clear the police have not been instructed according to the new legislation. This is particularly clear when looking at IPOA, the official State body tasked with investigating deaths and serious injuries caused by police officers. Police have always been reluctant to notify the Authority of deaths and serious injuries that resulted from their actions, despite a statutory requirement to do so, and over the years the willingness has steadily declined. In the last 6 months of 2016, the police only notified the Authority in three instances. As IPOA wrote in its last Performance Report: ‘It is noted the number of deaths reported by the National Police Service is not reflective of the number of deaths as a result of police actions that were received through other channels. This implies a non-compliance by NPS.’ (p.21). IPOA has claimed the police fail to cooperate with the Authority, as was clear when IPOA inspectors were even detained by an Officer Commanding Police Division last year. Also, despite IPOA having conducted numerous investigations and inspections, and reviewed major police operations (for example, Operation Usalama Watch and also the Mpeketoni terrorist attacks), its impact on actual police performance remains modest as long as the police refuse to implement its recommendations.

The Commission hit the ground running, recruiting 7,000 new police recruits just weeks after it was established, and starting the recruitment of the new IG along with two deputies in late 2012, completing the make up of the Commission. However it was met with a hostile reception, from early 2013 onwards. Numerous were the headlines that the NPSC Chair, Johnston Kavuludi, was stepping on the mandate of then IG David Kimaiyo, and there were repeated calls to curtail, and even abolish the Commission. It was in this context that amendments started circulating shortly after the Commission took up office, which fed into the belief the executive had never been committed to implementing the legislation as it stood.

Tellingly, to date, there have been three amendments to the NPS Act, as well as one to the NPSC Act which strengthened the role of the executive, most notably the Cabinet-Secretary for Internal Security and Coordination of National Government, while weakening the NPSC. Though there has been repeated talk of amending the IPOA Act, this has to date been held off.

The Commission, meant to insulate the police from (political) interference by ensuring human resource management would be fair and merit-based, has received major criticism. It has conducted 5 major recruitment exercises, including one in 2014 that was marred with allegations of corruption and interference to the extent that IPOA went to court to get the exercise cancelled, much to the chagrin of the Commission, the police and wider executive, as well as the candidates affected (some of whom were said to have paid huge sums to acquire a spot while others had resigned from their jobs thinking they had gotten into the police). The 2015, 2016 and 2017 exercises went ahead – despite more allegations of malpractices (see for example the critical report by KNCHR).

Yet, probably the main activity for which the Commission is known to the public is the vetting process, which disclosed a lot of information about the inner workings of the police. As per the NPS Act, all members of the NPS are to be vetted on suitability and competence, by the Commission. The vetting, which started mid 2013, has been slow, and today the Commission has only vetted just over 3,000 officers. More worryingly, very few have actually been removed from the Service following the vetting, leading to many people questioning the value of the costly process. Indeed, there are many allegations, some of them substantiated, that the Commission does not comply with its own regulations, thus feeding into the belief the Commission is not fully independent and fails to prevent interference, raising questions about its own value.

All in all, despite the setting up of various institutions meant to hold the police to account, shield them from undue interference, and prevent misconduct or correct it where it does occur, police performance has barely changed. There are still numerous reports of crime committed by police officers, most notably corruption, extortion, bribery, excessive use of force and torture. Some have even argued that extra-judicial killings are on the rise, and there is a continuing failure of the police to respond professionally to policing situations, as the handling of various demonstrations in the past 12 months have shown all too well. The case of the Mavoko 3, where police were involved in the torture and brutal killing of lawyer Willie Kimani, his client, Josphat Mwenda, and their driver, Joseph Muiruri, is a particularly gruesome case in point.

All in all, despite the setting up of various institutions meant to hold the police to account, shield them from undue interference, and prevent misconduct or correct it where it does occur, police performance has barely changed.

Indeed, even though the government did spend additional resources, for example on cars, police housing, and insurance, this has yet to translate into better police performance and public confidence continues to be low. And despite the setting up of various oversight structures, a culture of non-compliance with the law has developed over the recent years and as a result, the (impact of the) enhanced accountability requirements have remained small, because the root causes of the current policing situation have been left, mostly, unaddressed.

In the current context, with few incentives to reform and just too many benefits to keeping things as they are, as well as limited political commitment to reform, both Cabinet-Secretary and the police leadership are likely to pick only those cherries from the reform package that are useful, and don’t rock the boat too much.

This should not come as a surprise, and unfortunately, all things staying equal, there is no reason to believe this will change in the near future. The current situation simply serves all involved all too well.

 

Sources:
Branch, Daniel, 2011. Kenya, between hope and despair, 1963–2011. New Haven: Yale University Press.

Commission of Inquiry into Post-Election Violence, Republic of Kenya. 2008. Report of the Commission of Inquiry into Post Election Violence. Nairobi: Commission of Inquiry into Post-Election Violence (CIPEV Commission).

Gastrow, Peter, Sept 2011. Termites at work. Transnational organized crime and state erosion in Kenya. New York: International Peace Institute.

Kahumbu, Paula, 2014. The war on poaching cannot be won in the field unless we take on highlevel corruption. The Guardian, 5 May 2014 [online].

National Task Force on Police Reforms, Republic of Kenya, October 2009. Report of the National Task Force on Police Reforms. Nairobi: National Task Force on Police Reforms.

Anneke Osse (2016) Police reform in Kenya: a process of ‘meddling through’, published in Policing and Society, 26(8), pp. 907-924.

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Anneke Osse is an Independent Consultant on Police (Reform) and Human Rights.

Politics

The Rebels Within: The Politics of Kieleweke and Tanga Tanga in Central Kenya

12 min read. Dissent is brewing in President Uhuru Kenyatta’s Kikuyu strongholds, which has allowed Deputy President William Ruto to gain support in the region.

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The Rebels Within: The Politics of Kieleweke and Tanga Tanga in Central Kenya
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The fracas that took place in Gitui Catholic Church in Murang’a County on September 8, 2019, is a harbinger of the political battles that are going to be fought in Central Kenya and the larger Mt Kenya region by the fractious Jubilee Party antagonists.

“The battle for the soul of the Kikuyu vote is on and what we witnessed in Murang’a was a proxy war being waged by two factional camps, split by succession politics that are intent on capturing the Kikuyu vote ahead of the 2022 general elections,” said a Central Kenya politician who requested for anonymity.

The camps are led by President Uhuru Kenyatta and his Deputy William Samoei Ruto. Fronted by their respective protégés, the factions are known by their signature monikers – Kieleweke (it shall [soon] be evident) and Tanga Tanga (the roving group). Although President Uhuru has not come out openly to associate with the @Kieleweke group, which is being fronted by one Ngunjiri Wambugu, the flip-flopping Nyeri Town MP, his deputy, no doubt, has made it known that he is the de facto Tanga Tanga leader, a label he proudly carries.

The church lent itself as a perfect scene on a Sunday afternoon for the antagonists to outdo each other as they sought to prove to their respective masters that were ready and willing to wage a proxy battle on their behalf. As it will soon be evident, Murang’a County, sandwiched between Kiambu and Nyeri counties, is the very ground where the battle for the much-coveted Kikuyu electorate will be viciously fought.

If the Kieleweke group has smelt dissent and infiltration of enemies in what they consider to be their unrivalled turf, the Tanga Tanga group, in its roving mission, has stumbled upon a restless electorate, anxious and willing to be wooed by a ready suitor. The electorate has sniffed a one-time opportunity to prove (to its sister counties) that it too can also ascend to the highest echelons of political power and it should not be taken for granted.

The Kieleweke group, this time led by nominated MP Maina Kamanda – a man who now carries the label KYM (kanda ya moko, Kikuyu for a hatchet man) – “sneaked” into Kiharu constituency, an unacceptable political tourism into another MP’s territory without his prior notice. As Uhuru’s man on the ground, he had carried Sh1 million to be donated to the church on behalf of the president. Getting whiff of Kamanda’s meandering into his constituency, Ndindi Nyoro, the greenhorn Kiharu MP, who today is described as the “Murkomen” of Central Kenya, burst into the church to let Kamanda know that he was the sheriff in town and that others could not appear in his turf without his prior knowledge and permission.

“The ensuing kerfuffle between Nyoro and the elderly Kamanda inside the church was, as unfortunate, the proxy battles being fought elsewhere in the country by the Jubilee factional wings,” said a Mt Kenya politician who has known Kamanda for well over three decades. “We were with Kamanda in the opposition politics in the 1990s and one time I and another Central Kenya MP went to bail him out in Embu town after former President Daniel arap Moi ordered that he be locked in a police cell for his utterances.”

If the Kieleweke group has smelt dissent and infiltration of enemies in what they consider to be their unrivalled turf, the Tanga Tanga group, in its roving mission, has stumbled upon a restless electorate, anxious and willing to be wooed by a ready suitor.

The politician told me he has been calling Kamanda’s mobile phone number to no avail. “He has refused to pick my call…just as well…because I wanted to tell him that the September 8 ugly scene was beneath him. As a senior politician, he should have known better than to engage in such like shenanigans.”

But the Mt Kenya politician reserved the harshest barbs for both the Catholic Church’s leadership and the parish priest, Fr John Kibuuru. “That priest is a vagabond. For him to have allowed the politicians to desecrate the offertory was a cardinal sin to, especially us Catholics. The offertory is where we go to offer our supplications, it is a sacrosanct place – how dare he let vagabonds like him defile the holy sanctuary?”

The politician, a staunch Catholic known for his morning mass and an unfailing Sunday service attendance wherever he is, reminded me: “I have never conducted my politics inside the precincts of the church for all the 30-something years I have been in politics. The Church can bare me out…you can bare me out. If and when I want to meet the electorate, who form part of the congregation, I ask it we meet outside the church, after the priest is done with the mass. I’ve always respected the sanctity of the church.”

It was useless for Bishop John (Maria) Wainaina, of Murang’a diocese who also oversees the Kirinyaga diocese to issue a belated decree the day after, ordering politicians to keep off the church’s sanctum, said the politician. “The pulpit should not, at all times, be a place for politicians to address the electorate – the politicians have their forums to do that – and the church’s rostrum is not one of them.” The politician accused Fr Kibuuru of being partisan on the current succession politics and for letting himself be dined and wined by politicians.

“For my church, I’m sorry to say it has lost its direction: the clergy is no longer the light of the laity. For that ugly scene to have taken place in a Catholic church shows you just how lowly the Catholic church leadership in Kenya has sunk. Priests nowadays do what they feel like doing. The bishops cannot reign in on the priests because they themselves are no better.”

He added that the Catholic Church has been infiltrated by ethnic baronial politics, which has chosen to serve the interests of political power brokers. The politician said the church in general, in Kenya has ceded ground to the politician because of greed for money and power.

Gitui Catholic Church is on your way to Kangema and some of the congregants told me that Kamanda’s coming to Kiharu without notifying Nyoro was disrespectful and uncalled for. “Kamanda should know we have an MP whom we elected ourselves, he shouldn’t stomp here like it’s his area, Nyoro is young, but he is ours.” The Kiharu residents let it be known to me that “after all, Kamanda is not from here, he is from Nyandarua, if he wants to be elected, there is Nyandarua for him if Nairobi has become too hot for him to handle.”

The 36-year-old excitable Ndindi Nyoro has been riding on the crest of a popular wave since that hullabaloo with Kamanda. His electorate right now think of him as a local hero for standing up to Kamanda and for expressing his political stand – which at the moment gels with the electorate: dissatisfaction with President Uhuru’s disastrous politics.

Ndindi’s Kiambugi Mixed Secondary schoolmates remember him as a feisty young man who dreamt of one day being an important (wealthy) man. A relative of Ngenye Kariuki, Ngenye refers to Nyoro as his grandson. He campaigned for Ngenye in 1997 when he run for the same Kiharu seat, as a student. “He was very active, organising for Ngenye’s supporters to be ferried in trucks to his rallies and exclusive meetings,” said one of his schoolmates. Ngenye won the seat on a Safina ticket and Ndindi four years later transitioned to Kenyatta University. Kiambugi Mixed Secondary School later on was transformed into a boys’ only high school.

Between 2013 and 2017, Ndindi Nyoro, served as the Constituency Development Fund (CDF) manager for Kiharu under Irungu Kangata. When Kangata decided to go for the senator seat, there was understandably a mutual agreement between them that Nyoro should “take over” from Kangata. Today, Nyoro has publicly identified his politics with those of Deputy President William Ruto, claiming that he is the best suited to “take over” from President Uhuru who is serving his last second term. His Kiharu constituents seem to largely agree with him…for now.

The Matiba factor

Kiharu constituency is famous for being at one time represented by the irrepressible Kenneth Stanley Njindo Matiba, the rambunctious politician who was detained by President Moi in 1990 and never recovered from his stroke till his death in April 2018. Matiba still evokes nostalgic emotions from Murang’a residents, who still view him as the president they never had. It is a “grudge” they carry against their cousins from both Kiambu and Nyeri counties, albeit surreptitiously.

The general election of November, 1979 called by a new President Moi, who had taken over from Mzee Jomo Kenyatta, who had died on August 22, 1978, saw an energetic, bold and young Matiba enter the race for Kiharu, then known as Mbiri, armed to the teeth with the latest statistical data on the constituency. Fresh from being the managing director of East African Breweries Limited (EABL), Matiba waged a political battle pitted against the “mighty” Gikonyo Kiano, which Kiano, until his death in April 2003, was never to recover from.

In an era when statistics as an effective campaign tool was unheard off, Matiba came to Mbiri with data that laid bare the geographical, socio-political and economic facts of the constituency: gender composition, household incomes, number of graduates, population density, the area’s topography, voting patterns, I mean…name it. With these facts, Matiba, with military precision, combed the length and breadth of Mbiri, and floored Gikonyo, the first post-independence Minister of Trade and Commerce, in a battle royal that is the stuff of political legends.

When the son of Njindo entered the presidential race in 1992, it was not the same Matiba who, more than a decade before, had entered constituency elective politics as a corporatist, dare-devil, intelligent and sharp man. Although the presidential race was won by the incumbent Moi, Murang’a people to date believe that Matiba won that election, in which he ran alongside Ford Kenya’s Jaramogi Oginga Odinga and the Democratic Party’s Mwai Kibaki.

However, it was Kibaki’s entering the presidential race in 1992 that still rankles the Murang’a folks: Had he not run, the Kikuyu vote would not have been split and, therefore, Matiba would easily have romped home, many of them believe. It is something they will not say loudly, but it is still a chip on their shoulder after all these years.

Kiharu constituency is famous for being at one time represented by the irrepressible Kenneth Stanley Njindo Matiba, the rambunctious politician who was detained by President Moi in 1990 and never recovered from his stroke till his death in April 2018. Matiba still evokes nostalgic emotions from Murang’a residents, who still view him as the president they never had.

“The people of Murang’a County break no bones when they insist they have supported both Kiambu and Nyeri people to ascend to the presidency. But those same people have yet to reciprocate the gesture,” said a former Nairobi city councillor from Dagoretti. “This feeling of ‘abandonment and betrayal’ by their cousins, was aggravated in 2017, when the Murang’a moguls ceded control of Nairobi to a ‘lay about and nonentity’ through Uhuru’s carelessness and cowardly politics.”

The former councillor, who keeps tabs with the Rwathia Group, the influential and richest group of Kikuyu men who since independence have controlled the business and politics of Nairobi city, said the moguls seethe with anger against President Uhuru for the loss of the Nairobi County governor’s seat to Mike Mbuvi Sonko in 2017. “That is all we had asked from Uhuru, to allow us to have Nairobi, but even that he could not deliver,” confided the moguls to my councillor friend.

“The Murang’a people have smelt an opportunity and they are ready to seize it,” said the former councillor. “Uhuru is not going to be a factor insofar as 2022 succession politics are concerned: no Kikuyu voter, much less the political elite, is going to listen to him – he has done his call of duty and as it is, they are not amused with his performance,” the former councillor said.

The Raila factor

The anger against President Uhuru among the Kikuyu electorate makes Ruto seem like the only viable alternative. “It is going to take a near miracle for President Uhuru to persuade the Kikuyus to listen to him. The Kikuyu rebellion against the Kenyatta Family this time is real.”

The Kikuyus are plotting to vote for William Ruto as a protest vote and teach President Uhuru a lesson, said one of the richest magnates in Murang’a. “Raila will never rule this country. If Uhuru thinks we will be swayed by his belated shaking of hands with that ‘mad man’, he has another thing coming. Uhuru has overseen the systematic destruction of the Kikuyu economy – he was supposed to protect it, instead, what has he done? He has presided over its deliberate collapse. Is that not why he is sending Kamanda to us? Because he cannot dare venture into Central Kenya or anywhere near Mt Kenya region?”

The Murangá magnate said, “The Kikuyu people will frustrate Raila’s presidential efforts until he grows so old that he will not have the stamina to run. We are waiting for that Uhuru to come and tell us about the handshake. We will tell him our minds.” If by supporting Ruto, the Murangá people can attempt a stab at the presidency so be it, said the tycoon. He said that President Uhuru spent half of his presidential campaigns demonising Raila, so much so that, to now point the Kikuyu people to his direction is to really mock them. “Has Uhuru come back to the Kikuyu people to undo the damage?” he asked.

The many forays by Deputy President Ruto’s team into the heartland of the Kikuyu domain is because he has established that the people are divided and are not speaking in one voice, said a one-time senior civil servant from the Mt Kenya region. “He knows the President’s core constituency is bitter with him and because he [Uhuru] is unsure of their retribution against him, he has dilly-dallied going home. So the DP has taken advantage of this lacuna to make inroads into the region and is consistently preaching a message that entrenches their hatred for Raila Odinga.”

A poll survey conducted recently by a professional research group showed that if presidential elections were to be held today, William Ruto would win by 45 per cent countrywide, and in the Mt Kenya region, he would garner a very strong support. The poll’s sample size, significantly larger than the usual 3000 people, was picked across the 47 counties. The somewhat surprising poll results dissuaded the firm from publishing its findings and making them public. Ruto is considered an incumbent, and therefore a frontrunner, and the only person who has explicitly said he would be gunning for the presidency come 2022. His is not only a brand name, but he has name recognition across the country.

To tame the deputy’s presidential ambitions and to curtail his perceived inroads into Central Kenya and the larger Mt Kenya region, his political nemeses in the Jubilee Party have been making his interlocutors lives’ in the region, difficult.

The Kikuyus are plotting to vote for William Ruto as a protest vote and teach President Uhuru a lesson, said one of the richest magnates in Murang’a. “Raila will never rule this country. If Uhuru thinks we will be swayed by his belated shaking of hands with that ‘mad man’, he has another thing coming…”

“The hauling of the Kiambu governor to court and making him spend some days in police cells over corruption charges is part of the handshake’s efforts to throttle the DP’s penetration of the area,” said the former senior civil servant. “When he was thrown into custody at the Industrial Police Station cells, Ferdinand Waititu (Kiambu Governor) was visited at night by a Jubilee Party mandarin allied to President Uhuru’s wing who mocked him by telling him ‘to now call the DP’ to bail him out.” The mandarin allegedly warned Waititu that he was going to pay for his cavorting with the Deputy President.

Governor Waititu apparently is not the first Central Kenya politician to be “punished” by the “handshake team” for not toeing the line: “The first to be tamed was the deleterious Gatundu South MP Moses Kuria, who immediately after the swearing-in of President Uhuru Kenyatta for his second term in November 2017, was seen as Ruto’s point man in Central Kenya. He was slapped with an unpaid tax accumulated over the years that effectively cooled his heels,” said the former senior civil servant.

Yet, according to the senior civil servant, it was Governor Ann Mumbi Waiganjo, formerly known as Ann Waiguru, who had to be quickly nipped in the bud because she was thought to be running ahead of herself. Immediately after being confirmed as the Governor of Kirinyaga, after a protracted court battle filed by her opponent, former Gichugu MP and 2013 presidential contender, Martha Wangari Karua, it is alleged that Governor Ann Mumbi Waiganjo went around telling and whispering to anybody who cared to listen that she was primed to be Deputy President William Ruto’s running mate come 2022.

“The Kirinyaga governor was therefore seen as a possible and viable teammate of Ruto in his search for a deputy from the all-important Mt Kenya region,” said the former civil servant. “To stop forthwith that talk that apparently was interpreted as rallying the larger Mt Kenya region in the direction of the Deputy President’s team 2022, the governor was aptly reminded of the National Youth Service (NYS) mega scandal that took place in 2016 when Ann Waiguru was the Cabinet Secretary for Devolution.”

The sudden change of tune by the Kirinyaga governor is not out of step, said my source: “That today she is singing the ‘handshake tune’ is not as a result of a Damascus moment, the realisation that after all, it isn’t a good idea to be a deputy president of Kenya. It is the flexing of power of the opposing sides within the Jubilee Party at play.”

Since her change of tune regarding local and national politics, the governor has had to face the wrath of some of her constituents: Last month, when she went to open a market in Kagumo town, she was jeered by a mob that she claimed was paid to do so. Paid to do so, because it told her off over her support of “the handshake” and the Building Bridges Initiative (BBI).

Kagumo town in Kirinyaga Central constituency is the hotbed of Kirinyaga County politics. And this is not the first time the governor was being chased away from Kagumo: When she was campaigning for the governor’s seat, she was also one time ferreted out of the town. It took the intervention of Purity Wangui Ngirici, then campaigning for the Women Representative seat, to help her navigate around Kirinyaga County.

“It is Ngirici who held Ann’s hand in a manner of speaking and showed her the ropes in Kirinyaga,” said one of Karua’s chief campaigners. “Waiguru didn’t know the nooks and crannies of the county – it was Ngirici who showed her around. Remember Ngirici was always a William Ruto person: the helicopter she was campaigning in – which was emblazoned with her name Wangui – was lent to her by Ruto.” Purity Wangui Ngirici hails from one of the two most powerful families in Mwea: Mbari ya Douglas, (the clan of Douglas) and Mbari ya Mkombozi (the clan of the saviour). She is married to Ngirici, who is the son of the late spy master James Kanyotu.

Ngirici, who is in her late 40s, is the Women’s Rep, but by and large she controls the politics of Kirinyaga: three-quarters of all the elected MCAs owe allegiance to her. To checkmate her, the governor equally nominated her loyalist MCAs to counterbalance Ngirici’s force. Ngirici has trashed the handshake and has been telling the Kirinyaga electorate that the BBI’s motive is to unload Raila onto them by creating additional executive positions.

In Ngirici, Ruto has a powerful ally in the county. It is, therefore, not improbable to imagine where Ngirici’s politics are headed: in 2022 Ann Mumbi Waiganjo will have a worthy opponent for the governor’s seat. And if all factors remain the same, it is also not too difficult to imagine whose drumbeats she will be beating: William Ruto’s.

On the peripheries of Mt Kenya region, other Ruto allies include the Kikuyu MP Kimani Ichungwá, Kandara MP Alice Wahome, Kiharu MP Ndindi Nyoro and Bahati MP Kimani Ngunjiri. “These are relatively young MPs (of course apart from Kimani) in age and politics. They are pragmatic enough to know where their political bread is buttered; not with Uhuru, but with Ruto…so it’s nothing personal,” said a Jubilee Party politician from Mt Kenya.

In an area where 70 per cent of the incumbent MPs are thrown out every five years, these MPs are closely reading the signs on the wall – and the signs on the wall currently in the Mt Kenya region are that William Ruto is the man to beat.

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Will the New Competency-Based Curriculum Lead to Declining Educational Standards in Kenya?

8 min read. The newly rolled-out education system will not live up to the aim of transforming education in Kenya. Collective efforts are, therefore, needed to save Kenya’s education system from vested business interests and international agencies with hidden agendas.

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Will the New Competency-Based Curriculum Lead to Declining Educational Standards in Kenya?
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Research findings recently released by the Kenya National Union of Teachers (KNUT) show that Kenyan schools are woefully unprepared to implement the Competency-Based Curriculum (CBC) that is set to replace the so-called 8-4-4 system. The report comes at a time when the country is grappling with issues of curriculum review and the reform process, teacher training and recruitment, the formulation and implementation of a national education policy and the implementation of CBC. The research, conducted by KNUT, looked into issues of teacher preparedness, the availability and adequacy of teaching materials, the level of engagement between teachers and parents, as well as the challenges faced by head teachers and teaching staff in implementing CBC.

KNUT concludes that the implementation of CBC has been hurriedly undertaken while the majority of teachers have not been sufficiently trained in CBC content and teaching methods. It adds that most pre-primary teachers, as well as those for grades one to three have not received any training whatsoever while those that did attend training workshops were inadequately trained by trainers and facilitators who were themselves incompetent in the delivery of the CBC approach.

The research also found that the training sessions were poorly conducted and that their effectiveness fell well below expectations, hindering the ability of teachers to design, assess, and evaluate the delivery of lessons and learners’ outcomes. The report also notes that the resources and infrastructure required for learning, assessment and capacity-building in the CBC approach—which are completely different from those in use in the current system—are non-existent or inadequate at best. Parents and other stakeholders have not been involved in the reform process nor have public awareness campaigns been conducted following the roll-out of CBC.

The CBC system and design

Formal education was introduced in Kenya during the British colonial era and between 1964 and 1985 the education cycle comprised seven years of primary school, four years of secondary school, two years of high school, and three years of university education. The 8-4-4 system of education—eight years of primary school, four years of secondary school and four years of university education—was introduced in January 1985 to address concerns that the basic education previously provided lacked the necessary content to promote widespread sustainable self-employment.

The Kenyan primary school curriculum is approved for all public schools and most private schools—with the exception of international schools, which usually offer the British or American curriculum. The subjects studied at the primary level are English, Kiswahili, Mathematics, Science, Social Studies, Religious Education, Creative Arts, Physical Education and Life Skills. Pupils take a national examination at the end of the primary cycle with the results of the Kenya Certificate of Primary Education (KCPE) determining placement in secondary school.

In a major departure from the 8-4-4 system, the proposed CBC system was launched in 2017 and is designed to comprise two years of pre-primary education, six years of primary education, three years of junior secondary education, three years of senior secondary education and three years of university.

The Kenyan CBC is designed with the objective that at the end of each learning cycle every learner will be competent in the following seven core competency areas: communication and collaboration; critical thinking and problem-solving; imagination and creativity; citizenship; learning to learn; self-efficacy; and digital literacy.

CBC places emphasis on competence development rather than on the acquisition of content knowledge. This effectively means that the teaching and learning process has to change its orientation from rote memorisation of content to the acquisition of skills and competencies useful for solving real-life problems. Teaching methods include role-play, problem-solving, projects, case studies, and study visits, among other learner-centred strategies, and the teacher is expected to switch from the role of an expert to that of a facilitator who guides the learning process. Learners are expected to take responsibility for their own learning through direct exploration and experience while their teachers are expected to design effective learning activities geared towards the development of specific competencies.

Moreover, the revised curriculum requires teachers to frequently assess their students using assessment methods, such as portfolios, classroom or field observation, projects, oral presentations, self-assessments, interviews and peer assessments. Teachers are also required to change from a norm-referenced to a criterion-referenced judgment of learners’ capabilities or competencies to determine their progress. Finally, teachers are supposed to provide continuous, timely and constructive feedback to inform their students about the strengths and weaknesses of their performance since instruction and learning are reviewed and modified based on the feedback.

CBC places emphasis on competence development rather than on the acquisition of content knowledge. This effectively means that the teaching and learning process has to change its orientation from rote memorisation of content to the acquisition of skills and competencies useful for solving real-life problems.

It is clear, therefore, that the introduction of CBC in Kenyan schools calls for a comprehensive change in the instructional approach in terms of teaching, learning and assessment, and this requires changes in teacher training programmes in order to equip teachers (both pre-service and in-service) with the competencies that will enable them to effectively handle the challenges associated with CBC implementation in schools.

However, Kenya initiated the implementation of the Competency-Based Curriculum in 2017 in the absence of any research-based evidence on the effectiveness of the new system. Despite the challenges and shortcomings identified by the internal and external evaluations of the pilot study on CBC implementation, the government went ahead with the national roll-out of CBC in January 2019.

Prior to its adoption and roll-out, no comprehensive survey of international best practices was conducted and nor was there any research to support the argument that the CBC framework is more effective than the current learning outcomes-based curriculum framework. The needs assessment was not properly conducted. The summative evaluation, which was conducted in 2009, cannot be the basis for reforming the curriculum in 2018. The entire process was dominated by foreign consultants with no experience in curriculum reform in Kenya. The involvement of teachers, university lecturers, and prominent local experts was minimal.

Moreover, an illegality was committed at the time of rolling out CBC for pre-primary and Standards One to Three as there was no Sessional Paper to guide the process and, furthermore, no review of the existing education system had been undertaken by an Education Commission prior to the roll-out. Pilot testing of the curriculum was hurriedly done over a few short months and without appropriate syllabus or pupils’ books and teachers’ guides.

It must also be pointed out that the introduction of technical and vocational courses in the school curriculum is a serious mistake as the purpose of basic education is not to train students but to make them trainable. Empirical studies show that competency-based models are mainly applicable to vocational education and training due to the emphasis placed on standards of competence in occupational sectors. Competence is the possession and demonstration of knowledge, understanding, skills, attitudes and behaviour required to perform a given task to a described standard. The concept is therefore more useful in vocational education since the emphasis is on the ability of the student to perform a set of related tasks with a high degree of skills, and a particular competency can be broken down into its component parts through task analysis.

Prior to its adoption and roll-out, no comprehensive survey of international best practices was conducted and nor was there any research to support the argument that the CBC framework is more effective than the current learning outcomes-based curriculum framework.

The adoption of CBC in Kenya—as in some other African countries, such as Botswana, Senegal and South Africa—may be explained in part by the current tendency of some international agencies to favour such pedagogies. In most of the countries concerned, however, attempts to institutionalise child-centred pedagogy in schools and teacher-training institutions have been inconclusive and, indeed, no country in the world has successfully implemented CBC. It is therefore a disturbing development that the member countries of the East African Community have—according to Sessional Paper No. 14 of 2012—adopted a common policy of harmonising education systems and training curricula that will shift focus from the standard curriculum design to the CBC and assessment approach.

Tanzania introduced CBC in secondary schools in 2005 and in primary education in 2006. Back in 2001 the Ministry of Education and Culture had asked for education to be treated as a strategic agent in the creation of a well-educated nation. The ministry anticipated developing an education system that would enable Tanzanians to be sufficiently equipped with the knowledge needed to competently and competitively solve the development challenges facing the nation.

However, a 2012 study on the implementation of the competency-based teaching in schools in Tanzania established that CBC had not been well implemented and more efforts needed to be devoted to the development of tutors’ and principals’ understanding of the CBC approach. Other studies conducted to assess CBC implementation in Tanzania have confirmed that there is very minimal use of the CBC teaching approach in schools and that more than 80 per cent of the teachers lack a proper understanding of the approach and continue to use traditional knowledge-based teaching and learning methods, with assessment methods remaining the same as those used in assessing knowledge-based teaching and learning, while the teaching approach continues to be teacher-centred.

Hidden agendas

The role of education in the development process cannot be over-emphasised. There is substantial empirical evidence of the crucial role of education in poverty reduction, human development, job prospects for individuals and the broader social-economic development of nations. In other words, education plays a key role in the transformation of societies. Unfortunately, the impact of education in sub-Saharan African countries has been minimised because African countries have often been put under pressure to adopt unrealistic reforms by a small number of nameless and faceless experts working in international organisations, such as the United Nations Educational, Scientific and Cultural Organisation (UNESCO), the United Nations Population Fund (UNFPA), the United Nations International Children’s Fund (UNICEF), the International Monetary Fund (IMF), and the World Bank, who have a hidden agenda and normally exert their influence indirectly from behind the scenes.

Curriculum reform is necessary if we want to improve the quality of education in Kenya. However, curriculum reform should be based on the needs of learners and society and on best international practices and standards. It is an orderly, planned sequence in which curriculum specialists, teachers, university lecturers who have undertaken advanced academic studies in curriculum development and other local education experts—including the Ministry of Education professional staff who have extensive experience in curriculum development, implementation and evaluation—assist in conducting a needs assessment identifying a problem, finding a solution, conceptualising the required curriculum, planning and designing a reformed curriculum, pilot-testing the revised curriculum on a small scale, then implementing it nationally.

Unfortunately, the views of the Ministry of Education and the team of local consultants and foreign experts have tended to dominate decisions about the ongoing curriculum reform process. The prominent role of UNICEF—and not UNESCO—in the reform process raises fundamental questions about the agenda of the donor.

Curriculum reform is an improvement or change of the curriculum for the better. It involves the development and utilisation of the curriculum in new and unique ways that will enhance the attainment of higher levels of achievement for students. Curriculum reform is mainly concerned with changes in the content and organisation of what is taught. Many people and organisations, including teachers’ unions, professional bodies, religious organisations, students, teachers, curriculum specialists, quality assurance and standards officers, educational administrators and community leaders concerned with matters of education often seek to bring reforms to the school curriculum.

Curriculum reform is necessary if we want to improve the quality of education in Kenya. However, curriculum reform should be based on the needs of learners and society and on best international practices and standards.

In most African countries—and Kenya is no exception—curriculum developers are the gatekeepers who critically assess the different proposals for curriculum reform and make recommendations for the changes to be made to subject panels and academic boards. The authority for the decision to change the curriculum rests with the Academic Boards of Curriculum Development. Many educators, including those from Kenya, are now rejecting the externally-driven approach to education reform. They propose instead an interactive and participatory approach which involves—and begins with—an evaluation by classroom teachers and district education personnel. This ensures that the views of the people closest to the process of teaching and learning are taken into account.

Based on the findings of the research conducted by KNUT, it is fair to conclude that the implementation of CBC has not lived up to the aim of transforming education in Kenya. Collective efforts are, therefore, needed to save Kenya’s education system not only from vested business interests and local cartels, but also from international agencies and non-governmental organisations with hidden agendas. The Ministry of Education should commission highly educated and experienced curriculum developers and evaluators to produce a high-quality curriculum which is relevant to the Kenyan child and to the needs of the country.

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Is Democracy Dead or Has It Simply Been Hijacked?

10 min read. The rise of right-wing populist leaders in many countries across the globe suggests that democracy’s days are numbered. However, as PATRICK GATHARA argues, populism is less a cause of democracy’s demise than a consequence of it.

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Is Democracy Dead or Has It Simply Been Hijacked?
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“Anyone can cook,” declares Chef Auguste Gusteau in the 2007 Pixar classic, Ratatouille, one of my favourite animated movies. The film tells the tale of an anthropomorphic French rat with a passion for haute cuisine, who against all odds, makes it from foraging in the garbage to cooking at a high-end restaurant and being declared “nothing less than the finest chef in France”. It is an inspiring story with valuable lessons about bravery, determination and following one’s dreams. Yet it comes with a caveat, as explained by the funereal critic, Anton Ego, at the end of the movie: “Not everyone can become a great artist; but a great artist can come from anywhere.”

Across the world today, democratic societies appear to have taken Gusteau’s maxim but not necessarily with Ego’s qualification. In Kenya, the death of popular Kibra MP, Kenneth Okoth, has occasioned a by-election in which the ruling Jubilee Party has fronted a professional footballer who has spent much of the last decade in Europe and who, until a few weeks ago, had never even registered to vote or expressed any interest in politics.

“The world is going the Wanjiku way,” Mike Sonko, the populist Governor of Nairobi declared recently on the Sunday show, Punchline. “Take the example of the Ukraine. The President of Ukraine is currently is a comedian. They voted for a comedian. Because the Wanjikus were fed up with the leadership of that country. They were fed up with the politicians…Go to Liberia. They elected a footballer to be their president. Madagascar for the second time have elected a DJ, Rajolina, to be their president”.

He is not wrong. From Donald Trump in the United States to Bobi Wine in Uganda, there seems to be a growing dissatisfaction with and distrust of career politicians and the nebulous “establishment”. In Kenya, this manifests in a contest between the so-called “dynasties” (the wealthy families that have dominated the country’s politics for nearly 60 years) and the “hustlers” (the political upstarts who claim to not be a part of the establishment). It is evident in the “handshake” between President Uhuru Kenyatta and opposition leader Raila Odinga, sons of Kenya’s first President and Vice President, respectively, and their open feud with Deputy President William Ruto, the self-declared head of the “hustler nation”.

The idea that “anyone can rule” is taken by many to be a cardinal tenet of democracy. At its root is a legitimate rejection of the old idea that the ability to govern was only bestowed on some bloodlines, which today has largely been consigned to history’s trash heap.

Yet this democratisation of governance has created fears of its contamination by the unwashed and uneducated masses. A famous quote from the early twentieth century US journalist, Henry Mencken, encapsulates these fears: “As democracy is perfected, the office of president represents, more and more closely, the inner soul of the people. On some great and glorious day the plain folks of the land will reach their heart’s desire at last and the White House will be adorned by a downright moron.” The quote is taken from Mencken’s piece originally posted in the Baltimore Evening Sun in July 1920 in which he rails against the candidacies of Republican Warren Harding and his rival, James Cox, for the US presidency, which he saw as proof of the tendency of democratic competition to result in a race to the bottom.

The idea that “anyone can rule” is taken by many to be a cardinal tenet of democracy. At its root is a legitimate rejection of the old idea that the ability to govern was only bestowed on some bloodlines, which today has largely been consigned to history’s trash heap.

“The first and last aim of the politician,” he wrote, “is to get votes, and the safest of all ways to get votes is to appear to the plain man to be a plain man like himself, which is to say, to appear to him to be happily free from any heretical treason to the body of accepted platitudes – to be filled to the brim with the flabby, banal, childish notions that challenge no prejudice and lay no burden of examination upon the mind.”

Arguing that “this fear of ideas is a peculiarly democratic phenomenon,” he goes on to assert that as politicians increasingly pander to electorates, then “the man of vigorous mind and stout convictions is gradually shouldered out of public life” and the field is left to “intellectual jelly-fish and inner tubes” – those without convictions and those willing to hide them.

Populist idiocy

Many recognise the fulfilment of Menckel’s prophecy in Donald Trump’s presidency, though it is notable that it had been applied to Ronald Reagan and George W. Bush before him. However, it is clear that Mencken had a low opinion, not just of politicians, but of electorates as well. In fact, in his view, it is the ignorance and stupidity of the masses that, in a democracy, makes morons of politicians. And moronic politicians love ignorant voters as evidenced by Trump’s declaration during the 2016 presidential campaign: “I love the poorly educated.”

Menckel’s view is also echoed by a common maxim spuriously attributed to Winston Churchill: “The best argument against democracy is a five-minute conversation with the average voter.” So, is the slide into populist idiocy the inevitable fate of democracy? Can anyone cook? Or is Ego right that while good governance can come from anywhere, not everyone can be a great leader?

“Democracy is hard,” notes Kenyan academic and author, Nanjala Nyabola. It “requires constant vigilance—something that we now see is difficult to achieve even under the most ideal circumstances.” For most voters, this constant vigilance is a tough ask. In fact, for most, getting to grips with the issues and personalities is not worth the hassle.

As Ilya Somin, Professor of Law at George Mason University, puts it, “If your only reason to follow politics is to be a better voter, that turns out not to be much of a reason at all… there is very little chance that your vote will actually make a difference to the outcome of an election.”

And that’s not all. Even if one were inclined to be immersed in the policy debates and to investigate candidate platforms, the sheer size of modern government and the scale and impact of its activities means that one could not hope to monitor more than a tiny fraction of what the state gets up to.

Since voters are unwilling to get their hands dirty, they take short cuts, which often means relying on someone else to tell them what’s going on in the kitchen. For instance, when asked, during the 2005 and 2010 referendum campaigns on a proposed new constitution, whether they had read the drafts, a section of Kenyan voters were reported to have responded with “Baba amesoma” (Father has read it). Baba is a reference to Raila Odinga, perhaps the best known politician in the country and the voters, many of whom had little knowledge of constitutionalism, were opting to take their cue from him. Others chose to follow the musings of pundits and other self-appointed “experts” or journalists or even comedians. The problem here, as with following politicians, is you do not know whether what you are getting is the truth, the real truth and nothing but the truth.

However, that turns out to be less of a problem than one might at first suppose. Truth (shock, horror!) is not always the reason one follows politics – or politicians. Prof. Somin notes that political supporters tend to behave very much like sports fans – less interested in the merits of arguments or how well the game is played than in whether their side wins. This is perhaps best illustrated by the phenomenon of electorates voting against their own interests. For example, in the US, older voters tend to support the Republican Party, which takes a dim view of government entitlement programmes like Medicare and Social Security that primarily benefit the elderly.

Since voters are unwilling to get their hands dirty, they take short cuts, which often means relying on someone else to tell them what’s going on in the kitchen. For instance, when asked, during the 2005 and 2010 referendum campaigns on a proposed new constitution, whether they had read the drafts, a section of Kenyan voters were reported to have responded with “Baba amesoma”.

Even the few neutrals out there tend to talk only to like-minded others or follow the game through like-minded media. In either case, there is little scope for voters to have their views challenged or their horizons expanded. As the former British Prime Minister put it, “The single hardest thing for a practicing politician to understand is that most people, most of the time, don’t give politics a first thought all day long. Or if they do, it is with a sigh… before going back to worrying about the kids, the parents, the mortgage, the boss, their friends, their weight, their health, sex and rock ‘n’ roll.”

A civic ritual

If voters don’t care about politics, why do they even bother to vote? According to Prof Somin, “The key factor is that voting is a lot cheaper and less time-consuming than studying political issues. For many, it is rational to take the time to vote, but without learning much about the issues at stake.”

Voting has thus become a civic ritual, much like going to a football game and cheering your favourite team. It provides the satisfaction of participation – one can brandish a purple finger as a marker of having fulfilled one’s duty without actually doing the hard work of wrestling with the issues. Voters pick their teams based less on ideas than on arbitrary considerations, such as ethnicity or place of birth.

The media exacerbates this trend in two ways; both in the content of their reporting and in the manner they do so. By far, the mainstream press is the most important avenue through which people access and organise information about what is happening in the world. Despite the growth of the internet, which has enabled many more people to get in on the act, news is still largely what the media says it is, whether it is an earthquake or a war in some far-off place or the latest tweet by Donald Trump.

However, as Prof Cas Mudde of the School of Public and International Affairs at the University of Georgia writes, the media tends to report the news, rather than analyse and explain it. The addiction to scoops and “breaking news” and the competition to be first even when every outlet will have the story in the next few minutes and though social media means there is less attention paid to “trends behind the day-to-day news”. Further, in order to attract a larger audience and sell more advertising space or more newspapers, the media prioritises what is sensational over what is important and stays away from anything that cannot be reduced into a soundbite or squeezed into a two-minute news segment.

It also propagates and perpetuates false notions of “objectivity”, presenting itself as a reliable neutral observer rather than as an active participant. Yet through its curating and shaping functions, the media wields tremendous influence not only on how events unfold but also on how on they are perceived. Like a chef, the media takes events and fashions out of disparate events, to be served up to audiences in bite-sized chunks on its many channels.

Brought up on this fast news diet, Prof Somin says, voters come to “mistakenly believe that the world is a very simple place [requiring] very little knowledge to make an informed decision about politics”. And this leads to the embrace of simplistic panaceas for complex problems, and to a preference for populist politicians who deny complexity. If the world is so simple, then fixing it requires no specialised knowledge. Anybody can cook.

It is no wonder then that today there is a lot of angst about the state of democracy and fears that the ship of liberal democratic constitutionalism is floundering on the rocks of populism. The emergence of right wing populist governments and movements in countries as far removed as Brazil, Italy and the Philippines, and in Western countries once thought to hold the high ground for liberal democracy, such as the UK (which is steeped in a constitutional crisis over Brexit) and the US (where President Trump is facing an impeachment inquiry) has many thinking that democracy’s days are numbered.

William Galston has called populism an internal challenge to liberal democracy. Populists, he says, weaponise popular ignorance “to drive a wedge between democracy and liberalism”. Liberal norms, institutions and policies, they claim, weaken democracy and harm the people and thus should be set aside.

Brought up on this fast news diet, Prof Somin says, voters come to “mistakenly believe that the world is a very simple place [requiring] very little knowledge to make an informed decision about politics”. And this leads to the embrace of simplistic panaceas for complex problems, and to a preference for populist politicians who deny complexity.

Populism, though, is less a cause of democracy’s demise than it is a consequence of it. Democracy has been crumbling from within for a long time. Galston blames this on immigration which, he says, has not only upset the “tacit compact” between electorates and elites – where the former would defer to the latter as long as they delivered economic growth and prosperity – but has also profoundly challenged existing demographic and cultural norms, leaving many feeling dislocated in their own societies.

However, it is that compact that is at the root of the crisis, transforming as it does the understanding of democracy from a system where people participate in governance to one where they elect others to govern them. Further, the gnashing of teeth over historic decline in voter turnout blinds many to the fact that, like populism, it is also a symptom and not the problem.

As Phil Parvin notes in his paper, Democracy Without Participation, the decline in political engagement and deliberation by ordinary citizens and the eclipse of broad-based citizen associations by professional lobby groups have resulted in a model of democracy where “politics … is something done by other people on behalf of citizens rather than by citizens themselves”.

In Africa, the “wind of change” that toppled many dictatorships in the 1990s and early 2000s did not result in the empowerment of local populations to do anything other than participate in the ritual of periodic elections. Participation in governance in the periods in between elections is actively discouraged. Those who are dissatisfied with government policies are routinely told to shut up and await the opportunity to do something about it at the next election.

This model of democracy as reality show, where elites compete on who gets a turn at the trough (with the media providing a running commentary and the public choosing the winner) is at the root of the malaise. The professionalisation of democratic participation – outsourcing it to politicians and activists – leads to an increasing polarisation and tribalisation, with everyone claiming to be the authentic voice of the silent and silenced population. Alienation, as political debate focuses on the problems of elites rather than those of the people, becomes inevitable.

It is into this void that the populists have stepped, claiming to do away with the edifice of “the establishment” when in fact, they are seeking to entrench elite rule by doing away with even the appearance of popular consultation. This is what they mean when they evoke the idea of a “strong leader” – one who is not bound by the charade of democratic politics and can thus instinctively channel a pure form of the people’s will. But, as the Mayor of London, Sadiq Khan, says, this is to ignore the lessons of history. Strongmen, as Africans know from bitter experience, tend to reflect, not the aspirations of their people, but their own.

In Africa, the “wind of change” that toppled many dictatorships in the 1990s and early 2000s did not result in the empowerment of local populations to do anything other than participate in the ritual of periodic elections.

The solution may be to do away with elections altogether as a means for selecting decision-makers. In any case, what is required is not less popular participation, but more. We can no longer afford to continue to treat governance as something voters get to participate in once every election cycle, to pretend that democracy is a fire-and-forget proposition. Constant vigilance requires citizens at all levels willing to get their hands dirty, learn about issues, debate openly and engage with representatives – citizens who collectively insist on being heard and who demand accountability from those in power, not simply wait for someone else to do it on their behalf.

Paradoxically, the internet has dramatically lowered the costs of participation and it has never been easier for people to access information, to express opinions, to participate in petitions and to organise outside the parameters set by the elite or by the state. The question for societies with democratic aspirations should be how to make the voices and concerns of ordinary folks, rather than just their votes, count and not be drowned out by the din of elite politics. How do we truly get to the public interested in the ideal of “government of the people, by the people, for the people”?

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