Ndungu Wainaina reflects on the succession politics presently waging in Kenya. He argues that the National Rainbow Coalition (NARC) rose to power owing to the public desire for broad constitutional reforms in the sphere of governance to guarantee among others, human rights. Sadly, the coalition is now disintegrated and concludes that the task of completing the constitutional review and democratic transition in the country remains with all Kenyans.

The Kenyan state is in transition. The upcoming general elections in 2007 and the impending Kibaki succession are wrecking havoc on the political scene. But the agenda for this election is not clear. As of now the country stands between the possibility for progress into reforms and the rebirth of a new nation built on the firm tenets of democratic government and the respect for and promotion of human rights, or regression into the abyss of authoritarianism and bad governance. The 2002 general elections that saw the exit of the Kenya African National Union from state power for the first time in independent Kenya was primarily driven by the general public desire for reforms in governance, constitutional review and human rights spheres. The quest for a new democratic constitutional order was so central that all the political parties consistently promised to deliver a new democratic constitutional dispensation once they ascended into power.

The now disintegrated National Rainbow Coalition (NARC), won the elections on the promise of establishing a new constitutional dispensation within 100 days of getting into office. NARC won the elections, but failed to facilitate the making of the new constitution. This has resulted in a credibility deficit for the new government. Following the removal from government of the Liberal Democratic Party, a key partner in the Coalition, courtesy of the reconstituted cabinet in December 2005, the National Rainbow Coalition seems to have been dissolved. This has had a tremendous effect on the conduct of coalition politics in the country and the growth of constitutional democracy.

Four years after it was elected on the platform of reforms the NARC Coalition has failed to spearhead any of the key reforms that Kenyans wanted. The government failed to manage and facilitate the constitutional review process. Courtesy of its policy of non-negotiation, the government has engendered polarization of the country. Constitutional reform is the greatest casualty of this failure in leadership by the current government. Ending official corruption, impunity, institutional transformation and restoring the rule of law has fallen flat. Instituting a legitimate and radical transitional justice process in order to offer a firm socio-political and cultural framework to advance democratization and human development has been deferred. Continued reference to corruption cases in court is irrelevant as long as no tangible results are evident.

The reform of institutions has been slow, superficial, and misdirected. The conception and institution of the Governance, Justice, Law and Order Sector (GJLOS) reform has presented a situation where the path and direction of reforms has been reduced into a patching up process. Even though the president has insisted that his government is committed to socio-economic reforms to respond to the massive inequalities and poverty, results are mixed. The reported economic growth rate is lopsided in favour of the few big mainstream businesses while disinheriting the largest chunk of the population.

The country, now faced with the upcoming general election, is preoccupied with the intertwined political questions of undertaking a successful constitutional review and governance reforms and the Kibaki succession. Politically, Kenya is only democratic to the extent of regular elections; the government’s responsiveness to the will and the wishes of the people remains very limited. The progress towards democratic governance in Kenya depends more on the capacity of the citizenry to demand and protect their space and not magnanimity of the state.

The task of completing the constitutional review and democratic transition in the country remains with all Kenyans. There is urgent need to establish, focus and strengthen the citizenry into a critical mass that will provide the philosophical, institutional and logistical support to the various initiatives of the citizenry to develop a popular coalition to force and enhance the national drive towards completing the constitutional review and institutionalizing just and democratic governance in Kenya.

The experience of NARC has shown that regime change is not sufficient to facilitate democratic change. It is only right that the general Kenyan populace should in addition to being informed and made aware, be fully included in the quest for a new constitution and democratic order. For this to happen there is great need to consolidate and promote the emergence of a strong constituency of grassroots’ constitutional and democracy crusaders. The population has increasingly lost faith in the capacity of the government and commitment of the politicians to review the constitution and entrench democratic governance. More and more Kenyans are getting despondent. There is evidence that this development is neither entirely innocent nor accidental, but rather a consequence of political elite rigged democratic development.

The country requires the commitment of a core of champions around a common new vision for Kenya. This would guarantee democratic governance and social development. The sole objective of this core would be to drive and establish a new leadership to ensure the enjoyment of democratic governance by all. A large constituency of disinherited and excluded people is not only a great threat to the nation’s stability, harmony and continued existence as a going concern but also potentially the breeding ground for rebellion. The new leadership would usher a unique situation and opportunity of not only establishing a new constitutional order but also putting in place social democracy practitioners as the leaders and governance implementers of long desired changes in Kenya.

This transformative change calls for a core of leaders and citizens who are driven by higher values and aspirations than just material accumulation and professional excellence. It calls for an efficient economy with a human face; a strong political edifice with a human heart. If Kenya is to start dealing with her unhappy past comprehensively and decisively and to build a brighter future for all, then it will require people with a passion to serve and to change things; in the public, private and voluntary sector. It will require men and women with a dream great enough to die for and a vision big enough for everyone to have a part in it. It is time for converting the citizenry from casual observers to major stakeholders in this country. This will not threaten any one but rather secure the interests of even those who have done much to hurt the interest of the citizens and the country at large.

* Ndungu Wainaina is a Programme Officer, NCEC and Director, International Center for Policy and Conflict. P.O.Box 11996-00400 Nairobi. Tel: 4445974, 4446313; email: [email][email protected]

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