NEWSLETTER OF THE ORANGE DEMOCRATIC MOVEMENT Volume 2 Number 4 Thursday 24 January 2013

Voters Queue to Cast Ballots during ODM Primaries at Kojuok Primary School Polling Station in Gem, Siaya County

Conducting Effective Nominations
Larry Gumbe The just concluded 2013 ODM primary election process has left a bitter taste in the mouths of many party members. Why was the process so shambolic? Could we have done better? Fundamentally, what is the purpose of primary elections for nominations? Nominations are held within political parties in multiparty democracy systems that the political parties may get the best candidates from its membership for each electoral seat. The candidates must be selected on the basis of criteria set by the parties. This criterion includes capacity to represent the party effectively, education, knowledge of party manifesto and programmes, loyalty to the party, high ethical and moral integrity. Democracy requires the highest level of participation of citizens in the political process. The most ideal way for citizens to take part in decision-making is through direct democracy (also referred to as participatory democracy). Indeed, the term „democracy‟ is taken from the Greek word demo kratia. This word means rule by the people. In the old Greek city states, democracy was practiced through citizens assembling in a square and debating and making decisions on a particular issue. But these states were small and the citizens few. Today‟s states are very large and their citizens very many. Therefore, direct democracy is very difficult to practice in decision-making on a day-to-day basis. Indeed, in modern states, direct democracy is usually only practiced by way of a referendum, a „Yes‟ or „No‟ vote on an important issue. Examples of such issues include: political independence from a colonising state; adoption of a new constitution; joining of a federation of states and election of a single presidential candidate. Because the modern states cannot practice direct democracy the way the small Greek city states used to, the most common form of democracy today is indirect democracy, which is also referred to as representative Page 1 of 4

democracy. This is the kind of democracy where citizens choose a small group of fellow citizens to make decisions on their behalf. This process of choosing representatives is referred to as election. The importance of elections in Kenya as elsewhere can be seen in the number of institutions we use it to choose our leaders: in welfare, cultural and economic associations, in political parties and in the state. Thus free, fair and transparent elections are essential for our political life. They provide us with the best opportunity to identify and choose the most committed and effective representatives. Since the debacle of the ODM nominations in 2007, there have been intense discussions on how to remedy the same. For nominations to be free, fair and transparent there must be a set of rules that controls the process, creates an even playing field for both electors and candidates, and minimizes any negative practices. The rules must also ensure that the nominations are conducted in a democratic, effective and efficient manner taking into account the human and financial resources available to the party. The Kenyan Context Nominations in Kenya conducted as follows: have been

party. KANU would vet and clear candidates to run for various seats. Where multiple candidates were cleared for a single seat, they would proceed to the balloting process, running against each other. In 1986, KANU changed its rules to effect primary elections for nominations by queue voting, the mlolongo, system. If one garnered more than 70% of the vote, then they would be declared elected. This system was carried out to its farcical conclusion. Very often shorter queues were declared as winners! 1992- 2007: Multiparty politics returned to Kenya in 1992. The major political parties were KANU, FORD- Kenya, FORD- Asili and Democratic Party. Ford split into FordKenya and Ford- Asili for reasons which included the method of nominating party candidates. Whilst Matiba and followers wanted universal suffrage of party members, Odinga and followers preferred the delegate electoral college system. In 1992, all major political parties used the delegate system apart from FORD- Asili which had limited success with the universal suffrage system. In 1997, all major political parties used the delegate system. In 2002, the KANU presidential candidate was anointed at a delegates meeting at a gymnasium in Kasarani, Nairobi. The National Rainbow Coalition, NARC, arrived at its presidential candidate through boardroom negotiations. NARC then effected extremely chaotic and farcical nominations for parliamentary and civic seats through the universal suffrage process. In the end, party leaders largely selected candidates in boardrooms. In 2007, the ODM help primary elections for the nomination of its presidential candidate. Raila Odinga was so nominated. A short while later, the ODM effected and extremely shambolic primary elections for the purposes of nomination of its parliamentary and civic candidates. In the end, party leaders largely selected candidates in boardrooms. Others parties who tried the universal suffrage system had similar results. ODM Nominations

the Moi Sports Centre in Kasarani Constituency, Nairobi. About 4,000 party delegates from all branches in Kenya participated. The polling and vote counting exercise was finalized in about 3 hours. The candidates and the delegates left the venue fairly well satisfied with the standards of the exercise. A short while later, the ODM effected and extremely shambolic primary elections for the purposes of nomination of its parliamentary candidate in Kasarani Constituency. Over 100,000 persons in over 100 polling stations were eligible to vote in the exercise. The National Elections Board, Chaired by Justice Richard Kwach, was widely condemned in the party for conducted a sham, shambolic and chaotic process. In Karachuonyo, one day, Dr Orinda had the party nomination certificate, the next day it was Eng. Rege, then Orinda, then Rege, ad nauseum! The party, with very limited human and financial resources, was trying to mirror the parliamentary elections exercise which was to be conducted by the Electoral Commission of Kenya using financial resources hundreds of times greater than that of the party. Lessons Learnt The important lessons learnt from the 2007 ODM nominations are: 1. There must be clear thinking and action on nominations. The party must not embark on the process without requisite resources and preparation There must be clear, logical and enforceable rules governing party nominations A clear membership list must be in place so that none members may not participate in pertinent party activities Members of the party elections board must be of the requisite intellectual level. They must be able to maintain the highest moral and ethical standards in their work. They must be committed party members

1963- 1966: The major political parties in this period were KANU and KADU. Independent candidates were also permitted until 1965. The parties conducted nominations through electoral colleges of party delegates. Candidates had to be vetted and cleared by the political parties before they could participate in the nomination processes. Karachuonyo Constituency produced the first independent candidate, Elijah Omolo Agar, to get elected to the National Assembly. Agar ran as an independent candidate after claiming that he was rigged out of the KANU nominations. Agar belonged to the KANU „A‟ wing alongside powerful Justice and Constitutional Affairs minister, Tom Mboya. This was apparently the genesis of his political troubles with Vice-President Jaramogi Oginga Odinga of KANU „B‟. In a hotly contested race, Agar beat KANU and the VP‟s preferred candidate, Gogo Ochok, to clinch the seat. 1969- 1988: KPU was banned by Kenyatta in 1969. Kenya was a de facto one party state until 1982 when the Moi regime made it a de jure one party state. During this period KANU was the only legal political

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Two systems Nominations for elections in political parties must be effected transparently, efficiently and effectively. In 2007, the ODM help primary elections for the nomination of its presidential candidate at The nominations should be effected in democratic, efficient, effective transparent and fair processes which should give the Page 2 of 4

party the best candidates. The two main nominations processes are:   Electoral College Universal suffrage of members

which had limited success with the universal suffrage system. In 1997, all major political parties used the delegate system. In 2002, the KANU presidential candidate was anointed at a delegates meeting at a gymnasium in Kasarani, Nairobi. The National Rainbow Coalition, NARC, arrived at its presidential candidate through boardroom negotiations. NARC then effected extremely chaotic and farcical nominations for parliamentary and civic seats through the universal suffrage process. In the end, party leaders largely selected candidates in boardrooms. In 2007, the ODM help primary elections for the nomination of its presidential candidate. Raila Odinga was so nominated. A short while later, the ODM effected and extremely shambolic primary elections for the purposes of nomination of its parliamentary and civic candidates. In the end, party leaders largely selected candidates in boardrooms. Others parties who tried the universal suffrage system had similar results. This has been repeated in 2013. The party, with very limited human and financial resources, was trying mirror the parliamentary elections exercise which was to be conducted by the Electoral Commission of Kenya using financial resources hundreds of times greater that that of the party. The important conclusions ODM

nominations are: 1. There must be clear thinking and action on nominations. The party must not embark on the process without requisite resources and preparation There must be clear, logical and enforceable rules governing party nominations A clear membership list must be in place so that none members may not participate in pertinent party activities Members of the party elections board must be of the requisite intellectual level. They must be able to maintain the highest moral and ethical standards in their work. They must be committed party members

Aspirants are required to apply for the respective seats declared as vacant for nominations. The aspirants are the vetted for qualifications and disqualifications before they are cleared to go to the ballot use one of the above methods. Political parties may opt to identify some candidates through boardroom negotiations. In the Electoral College system, approved delegates vote for cleared aspirants for the various vacant nomination seats. Usually the delegates congregate at certain points to effect the same. In the universal suffrage system all approved party members are eligible to vote for approved nomination candidates at designated polling stations. Cost Implications The cost estimates for conducting an effective national universal suffrage process at all IEBC polling centres is KSh. 4 Billion. The Electoral College system conducted at all sub- locations would cost about KSh. 492 million. Analysis and Conclusions In 1992, all major political parties used the delegate system apart from Ford- Asili

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Recommendations Candidate Eligibility ODM must in the future ensure that it nominates strong candidates who meet all the minimum legal requirements. The candidates should, ideally, exceed the legal requirements so that ODM may win many seats and form a formidable government thereafter. Nomination System ODM should consider using the Electoral College nominations system as it is more cost effective and in less amenable to infiltration by its opponents.

The CORD Presidential Candidate Rt. Hon. Raila Odinga address supporters durind a CORD Rally at Tala in Machakos Page 3 of 4

Electrifying Kenya: Lessons from Ethiopia
Larry Gumbe Decent housing, with electricity and running water, is largely considered to be a basic requirement to all in the 21st century. Indeed, the Constitution of Kenya, Article 43(1) (b) recognizes the right to, “Accessible and adequate housing, and to reasonable standards of sanitation”. The country must, therefore, plan to generate enough electricity to meet domestic, industrial, transport and agricultural needs of the population. Kenya Vision 2030 is the country‟s development blueprint covering the period 2008 to 2030. It aims to transform Kenya into a newly industrializing, “middleincome country providing a high quality lift to all its citizens by the year 2030”. The country must have access to adequate and reliable supply of electric energy to achieve this vision. The country currently has installed capacity to generate 1,400 MW of electricity from hydroelectric, geothermal and thermal sources. Kenya currently consumes about 145 kWh/capita of electricity. For Vision 2030 to be achieved, this figure needs to rise to about 5,000 to 7,000 kWh/capita which would translate a peak installed capacity of 45,000 MW. The potential to economically generate additional electricity from environmentally friendly sources such as hydroelectric, geothermal and other renewable energy is estimated as 20,000 MW. It is therefore necessary to generate more electricity to cover the 25,000 MW shortfalls. Our neighbour, Ethiopia, has shown us that it is quite possible to develop this capacity in a short time. Just ten years ago, Ethiopia was generating less than 400 MW, since then, it has added 10,000 MW in the following projects:         Tis Abay II, 2001, 75 MW Gilgel Gibe I Omo River, 2004, 184 MW Tekeze High Dam Tekeze River, 2009, 310 MW Gilgel Gibe II Omo River, 2009, 420 MW Tana Beles Belesa River, 2010, 435 MW Gilgel Gibe III Omo River, 2013, 1870 MW Great Millennium Dam Nile River, 2013, 6,000 MW Ashegoda Wind Farm Project (Enderta), 2011, 120 MW The Lesson from Ethiopia is that it is quite possible to generate enough electricity in Kenya to power Vision 2030. We need to generate the same from a mix of hydroelectricity, coal, geothermal nuclear and other green energy sources. Our geothermal potential is 7,000MW. The Geothermal Development Corporation has plans to exploit this. KenGen has been negotiating with the South Korean firm, Daewoo, to produce 300 MW from coal in Mombasa. It is quite possible for us to construct a 5,000 MW coal plant in 36 months. This has been done in India. We can construct two such plants simultaneously Generating additional electricity from nuclear power is also a promising option in achieving Vision 2030 in Kenya. Nuclear power has great advantages:     Nuclear plants do not require a lot of space They do not emit greenhouse gases and hence do not contribute to global warming Nuclear energy is by far the most concentrated form of energy The development of power plants can be effected rapidly

There are three more huge hydroelectric dams on the pipe line; Tekeze II Gilgel Gibe IV and Gilgel Gibe V. The Ethiopian government has a plan to produce 10,000 megawatts of electric power in the next five years. Ethiopia has the potential to produce more than 45,000 megawatts of electricity from hydropower. Ethiopia is also researching other sources of energy like wind and geothermal.

We can produce enough electricity to power Vision 2030 and beyond. All we need is to stop thinking small. We need to think at the levels of Meles Zenawi!! .

The Orange is a Newsletter of the Orange Democratic Movement Readers are invited to submit their articles for publication at the address given below: Prof. Larry Gumbe Email: theorangenewsletter@gmail.com SMS: 0713 764809 The Orange Democratic Movement Orange House Menelik Road, Kilimani Area P.O. Box 2478, 00202 Nairobi. Email: theorangenewsletter@gmail.com Check out our website at www.odm.co.ke Opinions of contributors are not necessarily those of the ODM. Page 4 of 4