“Democracy, the vessel of freedom, liberty, representation, and choice – the fact that it can be its own greatest irony? I find a compelling truth in that, and I will pick it over anything else. Democracy does not move in silence; it is noisy, chaotic, and beautiful. “

In most African countries, the past decades have been marred by a rise of distrust in democratic processes. And it is not only the citizens who are to blame. For ages, we have confused populism with democracy, when populism is a sign of a failing democracy.  True democracy is a radical idea. There is no one best type of democracy, but rather, a malleable democratic process usually moulded around to fit a country. Kenya is one country whose democratic process was built on blood and sweat. There still lives a group that has not enjoyed the fruits of their first and second struggle, and the third one is knocking on the door.

Examining the calibre of people elected and nominated to Kenya’s parliaments, both national and county, we need to redefine our democracy. The subsequent struggle, however, is not just a right to representation but the right to proper representation, a struggle to reconstruct our democratic process to fit our needs – the need for innovative democracy.

The Kenyan Parliament is the most critical decision-making assembly in the country. Chapter eight of the Kenyan constitution tasks the national assembly and the senate with crucial roles that include oversight of state organs, representation of the people,  determination of the allocation and appropriation of national revenue, and oversight of expenditure.  These are vital roles that make and break a country. They are roles that demand, at least at the primary requirements, critical thinking skills, a good understanding of laws and policies, essential management skills and commitment to public service. Traditional democracy, while essential, might not always yield the most qualified candidates. And that is why we should have a fix within the process to have democracy working to our benefit.  While civic education is necessary for the electorate to vote for qualified individuals, it is also the role of the electoral system to ensure that only qualified individuals stand a chance to be voted in. It is a common practice in any functional system. Being a parliamentarian is a full-time job. They hold an office. They make decisions. They should be competent. We literally need to know how to drive a car before we are given the licence and permitted to move that machine. And a country, a constituency, is far more important than a car. Even more importantly, a check on competency does not affect inclusion and freedom of representation.  

iNCOMPETENT LAWMAKERS

It is insulting to the public to even refer to them as lawmakers. This ineffectiveness is part of the reason why the judiciary is overburdened. Now that it is mandated to always step in and rectify the legislature’s failures, numerous instances of this have happened in the recent past, and we might have the same occurrences all through to the next general election in August 2027.

Other institutions, including the presidency, know that Parliament is a lame duck. The last two presidencies ignored the courts’ orders several times and unconstitutionally placed the Cabinet Administrative Secretaries into office. And their appointment sailed through Parliament. The failure of the top decision-making group, the critical oversight entity, is the foundation of corruption, abuse of human rights and the continued contempt of office by other entities mandated by the constitution and the people to serve the nation. We can see how the police do not deserve the term disciplined force at all, that Kenyans are more afraid of a police officer than an armed robber or a maniac of a dog-eating lion in Rongai.  

The electorate is always blamed, saying that they should have known better. But this is entirely unfounded. Kenyans are not a gullible electorate, at least for most of them. They are hopeful people. Desperate too. They want change. They want to see a change in society. And when desperate, anyone who comes, pretends to care and promises to be a force for good, wins their heart. Even when their endgame is an absolute manipulation, this script has been played for years, from the lowest electoral office to the highest.  This repetition has bred frustrations, translating into a complete loss of trust in government institutions. Trust, a fundamental foundation of democracy, has been replaced by apathy in the electorate.

A seat in the Kenyan Parliament is the ultimate economic and social achievement. Mheshimiwa! This characteristic has overshadowed the primary responsibility of law-making and oversight. People vie for the position as a path for personal enrichment rather than as a space for public service. Traditional representative politics has been curated into a money-making scheme, discriminating against the qualified individuals who might need more financial capacity to campaign and reach out to the electorate. 

How do we innovate democracy?

Competency is the bedrock of democracy in the modern age. Innovative democracy presents an opportunity to move beyond populist democracy to a more competent form of democratic governance. Competency is built from education, experience, and practice. And in context, formal education – going to school – should not be the only education consideration to look at. We can create processes that allow for screening, testing, and verifying the knowledge and capacity of candidates before they are given the chance to stand before the electorate. I will call it a blend of meritocratic and technocratic democracy.

This should be a manageable situation. At the moment, there is a specific list of requirements that any aspirant needs to meet before being cleared to run for office. A more structured, improved, and verifiable process can be curated to add to that. The Independent Electoral and Boundary Commission (IEBC) should be equipped to take the potential aspirants through tests that might include reading and writing, a review of specific policies, analysis of certain national strategies and even oral interviews, done cheaply at the public townhalls/village halls.  This will allow the public to check the capacity of the potential representative to understand the crucial bills that pass through Parliament. If we had such a process, we would have saved ourselves from the situation where members of the national assembly were unbalanced in explaining the Finance Bill to the public.  

While ensuring that potential representatives are qualified, an innovative democracy should continually educate its populace. A government-funded agency, an independent body mandated to run civic education throughout the non-electoral period, should be empowered to be nonpartisan, completely independent, and work beyond political interference. Additionally, Kenya’s educational curricula need to provide the necessary civic information. The learning content should be revised to ensure that school children, from a young age, understand the need for voting and how to compare informed and engaged candidates against unqualified candidates. Before becoming voters, they should be able to make decisions based on the correct information and select candidates who prioritise their issues and are fit for the role.  

Democracy is not just about representation, but also about the right to proper representation. We all need to design and embrace an innovative democracy

We can utilise many opportunities to ensure a more accurate reflection of the electorate’s will.  The concept is still built on ensuring that the representatives are not just well-informed but also critical thinkers who possess more than just political knowledge and can effectively fulfil the role of a leader. It should be logical for lawmakers to be equipped with solid skills that allow interaction with the governance needs. A healthy democracy thrives on a dynamic system that empowers the people and a well-informed body translating that power into practical action.  It’s the right to proper representation, ensuring a government that truly reflects and serves the will of its citizens.