School of Law

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Browsing School of Law by Subject "Democracy"

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    Communicating the Vote by Acclamation in Kenya Parliament: What does the Speaker Hear and whether it promotes democracy
    (Daystar University, School of Law, 2022) Kilonzo, Kethi
    Distinguished Communication Scholar, Donald K. Smith (2013) asserts that “communication is what is heard, not only what is said. This assertion is in congruence with the communication process and models which appreciate the various elements that play a pivotal role in effective communication. One key determinant of effective communication is whether what the audience speaker hears and understands, is close or exact as what the source has said. This is the intended discourse of this paper, having in mind the Kenyan Parliament. After key issues have been debated, the speaker normally calls the house to vote on the motion. More often than not, the vote is by acclamation. And the decision is made by the speaker whether the AYEs or NAYs have it. This means that the decision is largely dependent on what the speaker hears, irrespective of how loud the AYEs or NAYs shout. In view of the foregoing and considering that members of parliament are the representatives of the people of Kenya, the mode of voting and how it is communicated is paramount. The fate of the sovereign will of the people and the promotion of democratic ideals depends on what the speaker hears through this mode of communicating the vote. The decision of the speaker further determines the extent to which the national values and principles of governance are upheld. It is therefore critical to examine this mode of communicating the vote with the following issues in mind; extent to which it realizes the sovereign will of the people; democratic ideals, constitutional values and principles of governance and established model(s) of effective communication, this paper scrutinizes select decisions that have been arrived at based on this approach and the significance of the same.
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    Does Kenya Practice Democracy or Epistocracy?
    (Daystar University, School of Law, 2022) Wekesa, Moni
    The constitution of Kenya places the common person at the centre of democracy, starting from the preamble. Article 10 places public participation at the centre of decision making in matters affecting the common man, all government institutions are bound to involve the common person in policy making. The constitution prescribes public participation by giving the common man right to decide how he is to be governed, political rights such as vying for elective positions, voting and participating in constitutional referendums. This is based on the presumption that they can make informed choices. However, based on the elite theory of democracy where the elites are bound to rule - and as such use their wealth, connections and the fact that they are more educated than the average citizen, to control decisions and events within a state it is questionable whether in fact the common person does participate in effective democracy. There elites include ‘political’ brokers who are also ‘deep state’, and who influence legislation, appointments and even voting. These elites are sometimes referred to as epistocrats. The elites occupy a ‘privileged’ position in society that makes society listen to them. This then begs the question whether it is the common person or the epistocrats who actually determine the form of governance in Kenya. This paper uses a comparative approach on constitutional amendment procedures and practices to evaluate the sovereignty of the common person in Kenya.