Last Thursday’s decision by the National Assembly to pass the Jubilee government legislators’ Motion for Kenya to withdraw from the International Criminal Court ( ICC) has raised serious questions on justice, national unity and the path to reconciliation in a divided Kenyan society.The Motion has also revived the notorious “tyranny of numbers”
political theory that manifested during the last General Election and in
the subsequent composition of the National Assembly and the Senate,
leaving the country sharply divided along ethnic lines.
Before we see how “tyranny of numbers” poses a great danger to democracy, let us first take a look at the sacred document that binds all Kenyans together – the Constitution of Kenya, 2010, which states: “All sovereign power belongs to the people of Kenya and shall be exercised only in accordance with this Constitution. The people may express their sovereign power either directly or through their democratically elected representatives.”
That is the beauty of this Constitution. It clearly places the people of Kenya above any arm of government, obligates them to adhere to a certain set of laws and spells out the doctrine of separation of powers between the Executive, the Legislature and the Judiciary.
Parliament’s action to pass the Jubilee government Motion on ICC casts a dark shadow on the noble powers bestowed upon the people and enshrined in the law. Ominously, it has also exposed how the “tyranny of numbers” theory has given birth to a new form of dictatorship.
“Legislative dictatorship” was amplified during the ‘special session’ that saw MPs recalled from recess to debate a matter of national importance the upcoming ICC trials of President Uhuru Kenyatta and Deputy President William Ruto. “Tyranny of numbers” has shifted base from the electoral grassroots to the august House, sending alarming signals that may justify the saying “power corrupts and absolute power corrupts absolutely”, while widening the gap between voting blocs and citizens. Proponents of this political theory (including some learned colleagues in the Legislature) must have become trapped in the web of this obnoxious line of political thinking.
Tyranny is described in the dictionary as “government by tyrants – despotism, oppressive unjust government, arbitrary unreasonable or despotic behaviour, use of excessive authority, a political unit ruled by a tyrant…” This does not sound democratic at all and is diametrically opposed to the ideals of the Constitution.
The message from the National Assembly was akin to asserting that with numbers, one arm of government can manipulate the Constitution and impose legislative dictatorship to suit their interests to the detriment of the people. Legislators taking maximum advantage of the “tyranny of numbers” theory should ask themselves where those who do not wear this tag belong to.
If the winning side got just above 50 per cent in the last election, what about the other 48 per cent who voted otherwise? Are they not Kenyans and should they be confined to political oblivion on account of their slight inferiority in numbers?
Ironically, out of the 42 tribes that can command the numbers and be baptised with the title “tyranny of numbers” are not more than three. Where do the remaining 39 belong to? Anybody who uses the phrase “tyranny of numbers” provokes without respect whatsoever those who are, so to say, “outside the box”. The constitutional commission tasked with prosecuting those who preach hate speech should investigate and arrest authors, of the “tyranny of numbers” theory, because it is an insult to Kenyans.
We concur with our Jubilee colleagues that it is a humbling national experience for the Head of State and his deputy to face an international court in a foreign land. However, we disagree with them in their mistaken belief that pulling Kenya out of the ICC is the best road to national healing and reconciliation while disregarding the other side of the political divide. That is tantamount to maiming democracy through “tyranny of numbers.”
The writer is Machakos Senator and Senate Minority Chief Whip.
Before we see how “tyranny of numbers” poses a great danger to democracy, let us first take a look at the sacred document that binds all Kenyans together – the Constitution of Kenya, 2010, which states: “All sovereign power belongs to the people of Kenya and shall be exercised only in accordance with this Constitution. The people may express their sovereign power either directly or through their democratically elected representatives.”
That is the beauty of this Constitution. It clearly places the people of Kenya above any arm of government, obligates them to adhere to a certain set of laws and spells out the doctrine of separation of powers between the Executive, the Legislature and the Judiciary.
Parliament’s action to pass the Jubilee government Motion on ICC casts a dark shadow on the noble powers bestowed upon the people and enshrined in the law. Ominously, it has also exposed how the “tyranny of numbers” theory has given birth to a new form of dictatorship.
“Legislative dictatorship” was amplified during the ‘special session’ that saw MPs recalled from recess to debate a matter of national importance the upcoming ICC trials of President Uhuru Kenyatta and Deputy President William Ruto. “Tyranny of numbers” has shifted base from the electoral grassroots to the august House, sending alarming signals that may justify the saying “power corrupts and absolute power corrupts absolutely”, while widening the gap between voting blocs and citizens. Proponents of this political theory (including some learned colleagues in the Legislature) must have become trapped in the web of this obnoxious line of political thinking.
Tyranny is described in the dictionary as “government by tyrants – despotism, oppressive unjust government, arbitrary unreasonable or despotic behaviour, use of excessive authority, a political unit ruled by a tyrant…” This does not sound democratic at all and is diametrically opposed to the ideals of the Constitution.
The message from the National Assembly was akin to asserting that with numbers, one arm of government can manipulate the Constitution and impose legislative dictatorship to suit their interests to the detriment of the people. Legislators taking maximum advantage of the “tyranny of numbers” theory should ask themselves where those who do not wear this tag belong to.
If the winning side got just above 50 per cent in the last election, what about the other 48 per cent who voted otherwise? Are they not Kenyans and should they be confined to political oblivion on account of their slight inferiority in numbers?
Ironically, out of the 42 tribes that can command the numbers and be baptised with the title “tyranny of numbers” are not more than three. Where do the remaining 39 belong to? Anybody who uses the phrase “tyranny of numbers” provokes without respect whatsoever those who are, so to say, “outside the box”. The constitutional commission tasked with prosecuting those who preach hate speech should investigate and arrest authors, of the “tyranny of numbers” theory, because it is an insult to Kenyans.
We concur with our Jubilee colleagues that it is a humbling national experience for the Head of State and his deputy to face an international court in a foreign land. However, we disagree with them in their mistaken belief that pulling Kenya out of the ICC is the best road to national healing and reconciliation while disregarding the other side of the political divide. That is tantamount to maiming democracy through “tyranny of numbers.”
The writer is Machakos Senator and Senate Minority Chief Whip.
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