Advocates advocate for a shift to a parliamentary system to address and resolve Kenya's persistent governance and diplomatic challenges
In the heart of East Africa, Kenya finds itself at a crossroads, with foreign partners raising concerns over governance decisions, abductions, killings, and torture. Amidst this turmoil, voices advocating for a change in the country's political system are growing louder.
On August 11, Ahmed Hashi, a foreign diplomacy expert, spoke on Spice FM and urged the adoption of a parliamentary system. Hashi argues that the current first-past-the-post system produces legal legitimacy without moral legitimacy and excludes half the population from the government. He believes that a parliamentary model could address such issues through stronger oversight and better representation.
The arguments for and against changing Kenya's presidential system revolve around several key aspects.
Arguments For Changing to a Parliamentary System
- Improved Executive-Legislature Cooperation and Accountability
- A parliamentary system could enhance accountability since the executive derives legitimacy from the legislature and must maintain its confidence, potentially reducing executive overreach and promoting greater responsiveness to parliamentary and public will.
- Enhanced Representation and Inclusion
- Parliamentary systems can encourage more consensus-building and power-sharing, which may alleviate ethnic tensions and political polarization. They might better reflect the country's diverse political and social landscape, reducing "winner-takes-all" electoral outcomes.
- Reduction in Election-related Conflict and Corruption Risks
- Parliamentary elections, often staggered and based on party lists or proportional votes, may lower election stakes and conflict risks. They potentially reduce the concentration of corruption by dispersing executive power.
- Better Policy Continuity and Stability
- With a parliamentary system, the executive team can be changed without necessarily triggering national elections, allowing for more flexible and continuous governance focused on day-to-day policy making.
Arguments Against Changing from Presidential to Parliamentary System
- Risk of Legislative-Executive Deadlock or Weak Governments
- Parliamentary systems may produce unstable coalition governments or party fragmentation, potentially leading to frequent government collapses or ineffective policymaking.
- Challenges to Sovereignty and Direct Popular Mandate
- In the presidential system, the president is directly elected by citizens, conferring a strong democratic mandate; switching to parliamentary may distance the public from direct executive selection, potentially weakening popular sovereignty perceptions.
- International Perceptions and Support
- Kenya’s presidential system aligns with many democratic countries in Africa and globally, and a change could affect international relations or donor confidence until the new system proves stable and effective.
- Complexity in Constitutional Transition and Implementation
- The process of transitioning to a parliamentary system would require heavy constitutional reforms, political consensus, and transitional mechanisms, which could be politically costly and disruptive.
Domestic vs International Context
- Domestically, arguments center around governance effectiveness, ethnic inclusiveness, corruption control, and democracy quality. Parliamentary systems may address some weaknesses of the presidential model but pose risks of instability due to factionalism and divided government.
- Internationally, Kenya’s political system is a factor in bilateral and multilateral relations, foreign investment perceptions, and aid conditionality. Stability, democratic legitimacy, and human rights protections are salient. Changes to the system may attract scrutiny but also signal reform efforts depending on how well the new system is managed.
As the debate unfolds, it's essential to consider both the potential benefits and drawbacks of a parliamentary system in the unique context of Kenya. The path forward will require careful consideration, political will, and a commitment to ensuring a more inclusive, accountable, and stable democracy for all Kenyans.
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