Kenya’s Democracy Hijacked? Court Slaps Down Political Power Grab

The recent High Court ruling declaring Kenya Kwanza is not the majority in Parliament has sent shockwaves through the political landscape. This ruling is not just a technical legal matter but a triumph for democracy and the rule of law. But beyond the immediate political realignments, this decision presents a rare opportunity to fix a broken system: the unfair allocation of political party funds.

The case revolved around the Speaker of the National Assembly’s declaration that Kenya Kwanza held the parliamentary majority, a ruling civil society groups and opposition leaders swiftly challenged. The High Court found that this decision lacked legal merit, as the political parties allegedly defecting to Kenya Kwanza had not followed due legal process. The judgment emphasized that parliamentary numbers should be determined by law, not political maneuvering, ensuring no party can claim dominance through procedural shortcuts.

The court’s findings also shed light on a broader problem: the fragile legal frameworks governing political alliances. The ruling revealed that Kenya’s legal system lacks strict enforcement mechanisms to prevent post-election coalition shifts undermining voter intent. Without comprehensive legal safeguards, democracy risks being hijacked by shifting alliances crafted for power consolidation rather than governance.

Kenya’s political party funding formula has favored the big players for years. The more legislators you have, the more money you get. This system has turned politics into a game of numbers rather than a contest of ideas. Small parties, which often have the most visionary and ideological blueprints for the country, are starved of funds and eventually swallowed by the political behemoths. The Liberal Democratic Party (LDP) is a testament to this harsh reality.

The Politics of Political Funding: Why It’s Broken

The current system of funding political parties based on parliamentary representation is outdated and undemocratic. It stifles ideological diversity, discourages political competition, and breeds a culture where parties are formed solely for transactional alliances rather than genuine governance solutions.

Take LDP, for instance. As a party committed to progressive governance, human rights, and economic justice, we have policy solutions that resonate with millions of Kenyans. But in the absence of state funding, we are left to compete on an uneven playing field while parties that thrive on ethnic mobilization and elite patronage continue to dominate.

If democracy is indeed about choice, why should taxpayers' money be used to entrench the status quo instead of nurturing fresh ideas? The current practice is akin to awarding Olympic medals before the race even begins.

A New Dawn for Political Party Funding

The time has come to amend the Political Parties Act and ensure that all registered political parties with clear ideological frameworks receive fair funding—not just those with numerical dominance. We must introduce a hybrid model that considers ideological depth, national reach, and policy-driven leadership.

This is not just a Kenyan problem. Across Africa, we see dominant parties suffocating smaller ones, limiting democratic space, and weakening governance structures. If Kenya truly seeks to be a leader in democratic reforms, we must start by addressing this unfair funding formula.

A Call to Action: Let’s Fix This Mess

As we celebrate this court ruling, we must not forget the broader systemic flaws it exposes. Parliament must take decisive action to amend the party funding formula. Civil society must rally behind this cause. The media must spotlight the issue, and citizens must demand accountability.

Kenya’s democracy will only flourish when all political voices—big and small—have a fair shot at shaping the country’s future. The High Court ruling has given us an opportunity. Now, it’s time to act.

The Author is a Human Rights Defender and the CEO of LDP