Why The Proposed Election Laws By Ruto Are A Dark Turn for Kenya’s Democracy And A Danger To Our National Security, Must Be Rejected In Total

Kenya’s electoral system stands as a fragile pillar of our democracy, painstakingly built through years of struggle, sacrifice, and reforms. The proposed changes to our election laws under the guise of “streamlining” power transitions are not only regressive but also a direct affront to the constitutional principles enshrined in our democratic framework. These laws, spearheaded by President William Ruto’s administration, are a calculated step back into the shadows of authoritarianism reminiscent of the Moi era.

The establishment of a “Transition Centre” to support the president-elect and deputy-elect raises alarms about unnecessary bureaucratic excesses that could be weaponized to consolidate power. By design, Kenya’s transition process is already clearly laid out in the Constitution, particularly under Article 138, which ensures a seamless handover. Adding such structures opens a Pandora’s box of political manipulation, where transitions could be influenced behind closed doors under the guise of “support.”

Equally troubling is the proposal to grant the president-elect and their deputy security and perks equivalent to sitting leaders. This provision reeks of elitism and undermines the very essence of democratic transitions, which should be a service to the people rather than a lavish reward for political victors. Such benefits not only place undue strain on taxpayers but also create a dangerous culture of entitlement that erodes accountability.

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The most glaring assault on democracy is the punitive penalties proposed for obstructing the handover process. A fine of up to KES 10 million or 10 years of imprisonment is excessively draconian and could be exploited to silence dissent. This provision criminalizes legitimate criticism and peaceful resistance, essential components of any thriving democracy. It echoes the dark days of the KANU regime when dissent was met with imprisonment and fear ruled the land.

Perhaps the most sinister of these proposals is the plan to scrap the IEBC’s requirement to live-stream election results. In an era of technological advancement and growing demands for transparency, this move is not only illogical but also suspicious. Live-streaming election results is a critical tool for accountability, allowing citizens to verify the integrity of the process in real time. Removing this safeguard opens the door for manipulation and secrecy, a betrayal of the hard-fought reforms that followed the post-election violence of 2007-2008.

The Constitution of Kenya, under Article 81, mandates free, fair, transparent, and credible elections. These proposals directly contradict this principle, undermining public trust in the electoral process. How can we claim to uphold the rule of law when the very laws being proposed serve to erode it?

Kenyans have consistently voiced their demand for open governance, and the sentiments on the ground are clear. Citizens want transparency, not backdoor dealings; accountability, not impunity; and progress, not regression. The people see these proposals for what they are—an attempt to centralize power, suppress dissent, and curtail freedoms.

This administration must remember that the Constitution belongs to the people, not the ruling elite. Articles 1 and 2 affirm that all sovereign power belongs to the people of Kenya and that any law inconsistent with the Constitution is null and void. The proposed laws fail this test, as they prioritize the interests of a few over the democratic aspirations of the many.

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Kenya’s history is a testament to the resilience of its people against oppressive regimes. The fight for multiparty democracy, the repeal of Section 2A, and the 2010 Constitution were hard-won victories. These proposals threaten to undo decades of progress, taking us back to an era defined by fear and autocracy.

It is particularly galling that these changes are being proposed at a time when Kenyans are grappling with economic hardships. Instead of addressing the skyrocketing cost of living, this administration is fixated on consolidating power. This misplaced priority is a stark reminder of the disconnect between the government and the governed.

The proposal to penalize those who “obstruct” transitions could easily be used to criminalize activists, journalists, and opposition leaders. It is a sword hanging over the heads of all who dare to question authority. Such laws have no place in a democracy; they belong in dictatorships where dissent is crushed and the rule of law is but a façade.

Moreover, the removal of live-streaming election results is an insult to the intelligence of Kenyans. In 2024, where technology allows for real-time updates and verification, this proposal is an archaic step backward. It suggests a deliberate attempt to keep citizens in the dark, fostering suspicion and undermining the legitimacy of future elections.

These laws also risk deepening the already existing divisions in our society. By curtailing transparency and accountability, they erode trust in institutions, fueling apathy and disenfranchisement among voters. When people lose faith in the system, the very foundation of democracy crumbles.

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The Constitution provides clear remedies for contentious transitions without resorting to draconian penalties. Article 140 allows for presidential election petitions to be filed at the Supreme Court, offering a legal pathway for dispute resolution. Why, then, are these penalties necessary? The answer lies in the administration’s intent to stifle opposition and maintain an iron grip on power.

Kenya is not a monarchy, and transitions are not coronations. They are constitutional processes meant to reflect the will of the people. These proposals undermine that will, reducing elections to mere formalities in a predetermined script.

We must resist these regressive laws with every tool at our disposal. Civil society, opposition leaders, and ordinary citizens must unite to demand their rejection. The judiciary, as the guardian of the Constitution, must also step in to strike down any provisions that violate our supreme law.

The proposed laws are a betrayal of the trust Kenyans placed in their leaders. They represent a step back to the dark days of Moi, where democracy was but a distant dream. We cannot afford to let history repeat itself.

It is said that eternal vigilance is the price of liberty. Kenyans must remain vigilant, for these proposals are a test of our resolve to defend the democracy we have built. Let us rise to the occasion and say no to these laws, no to impunity, and no to the erosion of our constitutional rights.

The government must remember that it serves at the pleasure of the people, not the other way around. These laws are not just an affront to the Constitution; they are an affront to the people of Kenya. And the people will not stand for it.

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