- The incorporation of opposition figures into the government apparatus, while superficially appearing as an act of reconciliation, is in reality a Machiavellian tactic designed to create the illusion of inclusivity.
- The appointment of a minister to an unconstitutional position represents a direct challenge to the principle of separation of powers and the rule of law.
- The principles of democracy and human rights, enshrined in various international treaties and conventions, demand a robust and unequivocal condemnation of the current regime’s actions.
“Power is like a baobab tree; once you get your hands on it, you can never let go.” – Chinua Achebe
In the annals of Kenya’s political history, the events of July 2024 will be remembered as a watershed moment, marking the precipitous decline of democratic norms and the erosion of constitutional order.
President William Ruto’s dismissal of his cabinet, save for one minister holding an unconstitutional position, has sent shockwaves through the nation’s political establishment.
This manoeuvre, ostensibly aimed at forming a “broad-based government,” has instead laid bare the fragility of Kenya’s democratic institutions and the ease with which they can be manipulated by those in power.
The subsequent appointment of four opposition leaders to the cabinet on July 25, 2024, far from representing a genuine attempt at national unity, signifies a calculated strategy to neutralise dissent and consolidate power through the co-optation of potential adversaries.
The Illusion of Inclusivity
The incorporation of opposition figures into the government apparatus, while superficially appearing as an act of reconciliation, is in reality a Machiavellian tactic designed to create the illusion of inclusivity while simultaneously undermining the very foundations of democratic opposition.
As political scientist Robert Dahl posited in his seminal work “Polyarchy: Participation and Opposition,” the existence of organised opposition is a fundamental prerequisite for a functioning democracy.
The current developments in Kenya represent a stark deviation from this principle, as the lines between government and opposition blur, leaving the populace bereft of genuine alternatives and effective checks on executive power.
The Finance Bill 2024 and Popular Resistance
The catalyst for the current crisis can be traced back to the controversial Finance Bill 2024, which sparked widespread protests among Kenya’s Gen Z population.
These demonstrations, rooted in legitimate concerns over fiscal policy and economic management, have been met with a disproportionate and brutal response from state security apparatus.
The reported deaths of over 50 young Kenyans, victims of police brutality, abductions, and extrajudicial killings, stand as a damning indictment of the government’s disregard for fundamental human rights and civil liberties. This systematic suppression of dissent echoes the words of Wole Soyinka: “The man dies in all who keep silent in the face of tyranny.”
The Betrayal of Trust
The decision of opposition leaders to join a government that has lost both legitimacy and moral standing represents a profound betrayal of public trust.
This act of political opportunism not only undermines the principles of democratic accountability but also serves to legitimize a regime that has demonstrated a callous disregard for the lives and aspirations of its citizens.
As Frantz Fanon astutely observed in “The Wretched of the Earth,” “The basic confrontation which seemed to be colonialism versus anticolonialism, indeed capitalism versus socialism, is already losing its importance. What matters today, the issue which blocks the horizon, is the need for a redistribution of wealth. Humanity will have to address this question, no matter how devastating the consequences may be.”
The Judiciary Under Siege
The current political machinations have not spared the judiciary, an institution meant to serve as the ultimate arbiter of constitutional disputes.
The appointment of a minister to an unconstitutional position represents a direct challenge to the principle of separation of powers and the rule of law.
This blatant disregard for constitutional norms sets a dangerous precedent, potentially paving the way for further encroachments on judicial independence. As noted constitutional scholar Yash Ghai has argued, “The integrity of the constitutional order depends on a robust and independent judiciary capable of checking executive overreach.
The Weaponisation of State Apparatus
The systematic intimidation of citizens through the use of state security forces represents a grave violation of the social contract between the government and the governed.
The deployment of police brutality, abductions, and extrajudicial killings as tools of political repression harks back to the darkest days of authoritarian rule.
This weaponisation of state apparatus against its own citizens violates not only domestic law but also international human rights conventions to which Kenya is a signatory. As articulated by the African Commission on Human and Peoples’ Rights, “The right to life is the fulcrum of all other rights. It is the fountain through which other rights flow, and any violation of this right without due process amounts to arbitrary deprivation of life.”
The Gen Z Movement and Political Awakening
The emergence of the Gen Z-led protest movement against the Finance Bill 2024 represents a significant political awakening among Kenya’s youth.
This demographic, long marginalised in political discourse, has demonstrated remarkable resilience and civic engagement in the face of severe repression.
Their demands for accountability and transparency in governance resonate with the words of Nelson Mandela: “There is no easy walk to freedom anywhere, and many of us will have to pass through the valley of the shadow of death again and again before we reach the mountaintop of our desires.”
The brutal suppression of these voices not only violates their constitutional rights but also deprives the nation of vital perspectives necessary for inclusive and sustainable development.
The Crisis of Legitimacy
The Kenya Kwanza government’s actions have precipitated a profound crisis of legitimacy. The discrepancy between pre-election promises and post-election policies has eroded public trust to an unprecedented degree.
This erosion of legitimacy is further exacerbated by the co-optation of opposition figures, which effectively deprives the electorate of meaningful alternatives.
Political theorist Seymour Martin Lipset’s concept of legitimacy as the capacity of a political system to engender and maintain the belief that existing political institutions are the most appropriate for society is particularly relevant here.
The current regime’s actions have systematically undermined this belief, calling into question the very foundations of Kenya’s democratic experiment.
The Economic Implications
The political instability engendered by these developments poses significant risks to Kenya’s economic prospects. Foreign investors, wary of unpredictable policy shifts and potential social unrest, may hesitate to commit capital to the country.
Domestic businesses, particularly small and medium enterprises, are likely to suffer from the climate of uncertainty.
As economist Dambisa Moyo has argued, “Political instability is a huge deterrent for investment. It creates an unpredictable environment for investors and companies.” The long-term consequences of this economic uncertainty could exacerbate existing inequalities and further fuel social discontent.
The International Community’s Response
The response of the international community to these developments will be crucial in shaping the trajectory of Kenya’s political crisis.
The principles of democracy and human rights, enshrined in various international treaties and conventions, demand a robust and unequivocal condemnation of the current regime’s actions.
However, as political scientist Stephen Brown has noted, the international community’s response to democratic backsliding in Africa has often been tepid and inconsistent.
The failure to hold the Kenyan government accountable for its actions risks setting a dangerous precedent for other aspiring autocrats in the region.
The Role of Civil Society
In this climate of political repression and democratic backsliding, the role of civil society organisations becomes even more critical.
These institutions, operating in the space between the state and the individual, serve as vital watchdogs and advocates for democratic norms and human rights.
However, their ability to function effectively is increasingly under threat from restrictive legislation and direct intimidation.
As scholar Larry Diamond has argued, “A vibrant civil society is an essential component of a consolidated democracy.” The systematic weakening of these organisations represents a significant threat to Kenya’s democratic future.
The Media Under Pressure
The Kenyan media, long regarded as one of the most vibrant and independent in Africa, finds itself under increasing pressure in this new political landscape.
Attempts to silence critical voices through legal intimidation, economic pressure, and outright violence pose a severe threat to press freedom and the public’s right to information.
As articulated by the Committee to Protect Journalists, “A free press is fundamental to a democratic society. It seeks out and circulates news, information, ideas, comment and opinion and holds those in authority to account.”
The erosion of media freedom in Kenya not only undermines democratic accountability but also deprives citizens of the information necessary to make informed political choices.
The Path Forward
The current crisis in Kenya represents a critical juncture in the nation’s democratic journey. The co-optation of opposition leaders, the suppression of dissent, and the erosion of constitutional norms have created a perfect storm that threatens to unravel decades of democratic progress.
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However, as Kenyan writer Ngũgĩ wa Thiong’o reminds us, “Our lives are a battlefield on which is fought a continuous war between the forces that are pledged to confirm our humanity and those determined to dismantle it.”
The path forward requires a renewed commitment to constitutional principles, a reinvigoration of civil society, and a populace willing to defend its hard-won democratic rights.
Only through sustained civic engagement, robust institutional safeguards, and unwavering dedication to the rule of law can Kenya hope to weather this storm and emerge as a stronger, more vibrant democracy.
The writer is a legal scrivener ad researcher.
