Passing Cherargei Bill will be death by ‘democracide’

Prof. Ali Mazrui used “democracide” to explain how democracy is being killed across Africa. The term refers to the deliberate actions or processes that lead to the erosion, weakening or destruction of democratic principles, institutions or norms within a society or political system.

It encompasses actions by individuals, groups or governments that undermine democratic values such as freedom of speech, rule of law, free and fair elections, political pluralism and the protection of human rights and manifests in authoritarianism, suppression of dissent, electoral fraud, corruption and the concentration of power in the hands of a few.

Recently, Nandi Senator Samson Cherargei introduced legislative proposals to increase the term limit for the President, MPs, MCAs and governors from five to seven years. The bill also seeks to create the Office of the Prime Minister and proposes that the Senate be mandated to vet cabinet secretaries, the Attorney-General, Auditor-General, Inspector-General of Police, Chief Justice and High Court judges.

It further proposes that counties get 40 per cent of the national revenue, from 15 per cent, and impeachment of governors and their deputies only be challenged at the Supreme Court.

First, the proposal on term limits could undermine democratic principles, reducing accountability and concentrating power. It goes against the sentiment expressed by many citizens and civil society groups. It reflects a disconnect between political elites and the will of the people, which is detrimental to democracy’s core principles.

The separation of powers principle and checks and balances are fundamental to a healthy democracy. Shorter terms help to maintain this balance by ensuring that no elected official accumulates excessive power over an extended period, hence the risk of authoritarian tendencies.

The senator argues that five years is too short to achieve ‘anything’. But while stability is essential for governance, overly long terms can lead to complacency, stagnation and the entrenchment of political elites. Shorter terms encourage competition, innovation and fresh perspectives in leadership vital for a dynamic and responsive political system.

Secondly, the notion that politicians can play a role in the selection and vetting of judges and the Chief Justice is not only misguided but fundamentally dangerous.

The Judiciary has been the last line of defence against executive over-reach since the 2010 Constitution was enacted. To undermine judicial independence by politicising appointments to the Judiciary is a direct assault on our nation’s foundational democratic principles.

Parliament has often capitulated to demands by the Executive, failing to uphold its role as a check on executive power. But the Judiciary has consistently upheld the rule of law and protected citizens’ rights, often amid political pressure and intimidation.

The framers of this Constitution were acutely aware of the challenges the Judiciary faced under past regimes, hence deliberately included provisions to safeguard judicial independence as a cornerstone of our legal system.

Political meddling will swing open the floodgates of favouritism, nepotism and external interference in the administration of justice. It undermines public trust in the Judiciary and erodes separation of powers.

Lastly, the bill dangles a carrot in front of counties with promises of an enhanced revenue share. But this seemingly generous offer is a Trojan Horse with hidden dangers to devolution.

The national government always struggles to fulfil its commitment in this matter as governors resort to paralysing vital county functions and legal battles. On the proposal on the impeachment of governors and DGs is a tactical move to garner support from county leadership by granting them a semblance of exclusive power.

Kenyans are acutely aware of the arduous journey that has brought us to our current state of governance. Nothing, and nobody, should erode these gains; Kenyans should steadfastly safeguard them.

Mr Mburu, human rights lawyer, is a programme officer at ICJ Kenya. [email protected]. @David Mburu