Eleanor Finch
Kenya's transition to a multiparty democracy was a significant shift, promising not just a political change but a steadfast commitment to safeguarding civil liberties and fostering a more equitable society. In December 1991, President Daniel Arap Moi allowed for the restoration of a multiparty government by repealing Article 2A of the Constitution, which had previously made the Kenya African National Union (KANU) the only authorized political party. This constitutional amendment paved the way for the country's first multiparty elections in December 1992, marking the beginning of multiparty democracy in Kenya. However, the transition was not without challenges, as the government continued to harass opponents and was slow to release political prisoners. The re-introduction of multipartyism was a major step towards protecting and advancing civil rights, but Kenya continues to grapple with gaps and threats to these rights, such as electoral integrity and democratic principles within political parties.
| Characteristics | Values |
|---|---|
| Date of Amendment | December 1991 |
| Amendment | Repeal of article 2A of the Constitution |
| Result | Restoration of multiparty government |
| Previous System | One-party state |
| Previous Authorised Party | Kenya African National Union (KANU) |
| First Multiparty Elections | December 1992 |
| Rights Guaranteed by Constitution | Right to life, freedom from torture, freedom of expression, freedom of religion, freedom of assembly and protest |
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What You'll Learn
The repealing of Article 2A of the Constitution
The Republic of Kenya became a one-party state in 1982. In December 1991, President Daniel Arap Moi allowed for the restoration of a multiparty government by repealing Article 2A of the Constitution, which had made the Kenya African National Union (KANU) the only authorised political party. This repeal was a significant shift, not just politically, but also in its commitment to safeguarding civil liberties and fostering a more equitable society.
The transition to a multiparty system was not without its challenges. While many political parties were authorised, the government continued to harass opponents and was slow to release political prisoners. The first multiparty elections took place in December 1992, marking the beginning of multiparty democracy in Kenya.
The re-introduction of multiparty democracy was a major step towards protecting and advancing civil rights. The 2010 Constitution guarantees fundamental rights such as the right to life, freedom from torture, freedom of expression, and peaceful assembly. However, despite this framework, Kenya continues to face challenges in upholding these rights.
Multiparty democracy in Kenya has provided diverse representation, checks and balances, and avenues for civic engagement. However, its effectiveness relies on maintaining electoral integrity and democratic principles within political parties and during elections. While the repealing of Article 2A was a crucial step, further efforts are needed to strengthen and protect Kenya's multiparty democratic system.
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The first multiparty elections in December 1992
In December 1992, Kenya held its first multiparty elections since 1966, marking a significant shift towards a multiparty democracy and a commitment to safeguarding civil liberties. This election was preceded by a transition period that began in 1991 when Kenya repealed the one-party system provisions of its constitution, effectively establishing a multiparty system.
The run-up to the December 1992 elections was turbulent, marked by ethnic violence, intimidation, and harassment. A parliamentary select committee reported that between October 1991 and December 1992, 365 people were killed in ethnic clashes, resulting in the displacement of thousands. The violence was attributed to government officials, security officers, and political leaders, including Vice-President Saitoti and former minister Nicholas Biwott. Despite these issues, the elections were held on 29 December 1992, following a delay from the initial date of 7 December.
The elections were marred by irregularities, including allegations of large-scale intimidation, ballot-box stuffing, and targeted ethnic violence in the Rift Valley Province. President Daniel Arap Moi, who retained his position, was accused of rigging the results to retain power. Moi received 1,962,866 votes, followed by Kenneth Matiba of FORD-Asili with 1,404,266 votes, Mwai Kibaki of the Democratic Party (DP) with 1,050,617 votes, and Jaramogi Oginga Odinga of FORD-Kenya with 944,197 votes. In the parliamentary elections, KANU won 100 seats, Ford-Asili and FORD-Kenya won 31 each, and the DP secured 23. Moi further nominated 12 KANU members to the National Assembly.
The aftermath of the elections saw an economic crisis and continued ethnic violence. In the following years, political alliances shifted, and several coalitions joined Jaramogi Oginga Odinga's FORD-Kenya party to form the United National Democratic Alliance in 1994. Despite the flaws and irregularities, the 1992 elections signalled Kenya's move towards democracy and the protection of civil rights.
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The role of President Daniel Arap Moi
Daniel Toroitich arap Moi was the second president of Kenya, serving from 1978 to 2002. He was initially popular, both in Kenya and in the West, where his regime was seen as a counter to communist influences in neighbouring Ethiopia and Tanzania. However, his popularity began to wane around 1990, as the economy stagnated following the end of the Cold War.
Moi's role in the reintroduction of multiparty democracy in Kenya was complex. Despite his own lack of enthusiasm for the reform, Moi announced his intention to repeal Section 2(A) of the constitution, thereby lifting the ban on opposition parties, at a KANU conference in December 1991. This announcement came in the context of increasing agitation for democratic reform, including mass rallies and demonstrations, as well as international pressure and the withholding of aid.
Moi's announcement was met with fierce opposition from within his own party, but the motion passed unanimously. Moi then went on to win the first multiparty elections in 1992, exploiting Kenya's ethnic tensions to gain a plurality of votes. However, the transition to a multiparty system was not entirely smooth. Moi's government was slow to release political prisoners, and opposition groups continued to face harassment.
Moi's legacy as president is controversial. He is remembered for his suppression of political opponents and accused of corruption, most notably in the Goldenberg affair, a fraud case involving the theft of millions of pounds of public money. Despite this, he remains an influential figure in Kenyan politics, having dominated the political landscape for over a quarter of a century.
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The impact on civil liberties
The reintroduction of multiparty democracy in Kenya in 1991 was a significant step towards protecting and advancing civil liberties. The transition signalled a commitment to safeguarding civil liberties and fostering a more equitable society. The 2010 Constitution of Kenya guarantees fundamental rights such as the right to life, freedom from torture, freedom of expression, and peaceful assembly.
However, despite this framework, Kenya has faced challenges in fully realising these rights. While the constitution guarantees the right to life, there have been documented cases of extrajudicial killings and enforced disappearances. Incidents such as the discovery of bodies in the Yala River in 2022 highlight the threat to citizens' right to life and undermine trust in the government's ability to protect its people.
The right to peaceful assembly and protest has also been tested, with recent demonstrations in 2022 marred by violence from both protesters and police, who allegedly used teargas and excessive force. This violation of the right to peaceful assembly underscores the importance of upholding democratic principles and electoral integrity to strengthen multiparty democracy and protect civil liberties.
Kenya's multiparty democracy has also faced challenges in guaranteeing freedom of expression and media independence. While progress has been made, instances of violence against journalists and damage to their equipment have occurred, undermining the vital role of a free press in holding the government accountable.
Additionally, the issue of cult proliferation and the potential for radicalisation has raised concerns about safeguarding religious freedom while protecting citizens from harm. The government has established a task force on religious organisations to navigate this complex issue and balance religious freedom with citizen safety.
In conclusion, while the reintroduction of multiparty democracy in Kenya has had a positive impact on civil liberties, the country continues to grapple with gaps and threats to these freedoms. Ensuring electoral integrity, protecting media independence, and upholding fundamental rights such as the right to life and freedom of assembly remain crucial for strengthening Kenya's multiparty democracy and safeguarding civil liberties.
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The constitutional review process
The reintroduction of multiparty democracy in Kenya was a result of a comprehensive constitutional review process that took place in the country during the early 1990s. This review process was prompted by a combination of factors, including institutional decay, economic and social breakdown, agitation from reform movements, and international pressure for good governance following the end of the Cold War.
In January 1990, intellectuals, church workers, and lawyers reopened the debate on multiparty government in Kenya, inspired by the democratic upheavals in Eastern Europe. However, demonstrations calling for a return to democracy faced harsh repression from the government, with many arrests and imprisonments. Despite this, the push for democratic reforms continued.
In December 1991, President Daniel Arap Moi allowed for the restoration of a multiparty system by repealing Article 2A of the Constitution, which had previously made the Kenya African National Union (KANU) the only authorized political party since 1982. This repeal effectively established a multiparty system in Kenya and paved the way for multiparty elections held in December 1992, marking the beginning of multiparty democracy in the country.
Following the 1992 elections, Kenya continued to face challenges in fully realizing its commitment to safeguarding civil liberties and fostering a more equitable society. Disputed presidential election results in 2007 led to unprecedented political violence and killings. This prompted an AU-brokered power-sharing deal that created a government of national unity and provided for constitutional reforms.
The Constitution of Kenya Review Act 2008 (CKRA) was established, and a Committee of Experts (CoE) was appointed to drive the review process. The CoE was tasked with identifying and resolving outstanding issues before preparing a draft constitution for adoption by Parliament and ratification in a national referendum. The overriding principle of the process was to create a document that protected national interests, made the government accountable to the people, and upheld democratic principles.
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Frequently asked questions
Multiparty democracy was reintroduced in Kenya through a constitutional amendment in December 1991.
The amendment was called the Constitution of Kenya (Amendment) Act No. 10 of 1997.
The amendment repealed article 2A of the Constitution, which had made the Kenya African National Union (KANU) the only authorized political party.
The first multiparty elections took place in December 1992.
The reintroduction of multiparty democracy signalled a significant shift towards protecting and advancing civil rights in Kenya. The 2010 Constitution guarantees fundamental rights such as the right to life, freedom from torture, freedom of expression, and peaceful assembly.
