This archive report was first published on 24 May 2020.
On May 15, an editorial sparked a debate about the nature of Jubilee Party's leadership, labeling it autocratic. However, this characterization is misleading and may give the wrong impression about the party's internal dynamics.
Political parties, by their very nature, have a constitution and code of conduct that all members, including elected officials, swear to uphold. This framework provides the foundation for internal party democracy, which is not a literal pursuit but rather a means to ensure that members adhere to the party's principles and manifesto.
Most jurisdictions have adopted either direct democracy or representative democracy. Direct democracy involves citizens directly participating in government policy-making, as seen in ancient Athens and some Swiss cantons. In these systems, citizens receive ballots and brochures, and may vote by mail in a popular initiative.
Representative democracy, on the other hand, involves citizens electing representatives to make decisions on their behalf. This system checks the danger of tyranny of the majority, as seen in the United States. The Constitution of Kenya chose a hybrid system that incorporates aspects of both direct and representative democracies, allowing for popular initiatives, legislative amendments, and recall clauses.
Political parties are creatures of law and are regulated by it. When enforcing party rules, due process and fair administrative procedures take precedence. This ensures that members are held accountable for their actions and that the party's principles are upheld.
Frank Mwendani, deputy head of legal affairs at Jubilee Party, and Tony Moturi, head of legal affairs at ODM Party, agree that political parties are vanguards of the rule of law and democracy.
