Calvin Nyagudi

The revolutionary path of the United States began with the adoption of the Declaration of Independence in 1776. This pivotal document was approved without dissent by the 56 delegates gathered at the Second Continental Congress, which met at the Pennsylvania State House, later renamed Independence Hall.

Through this declaration, the colonies asserted their independence from British colonial control. These delegates are now remembered as America's founding fathers.

Their bold move ignited a seven-year conflict marked by hardship and struggle, temporarily concluding in 1783. However, the nation's unity was soon challenged by a fractured congress, demoralized soldiers who had suffered defeats, competing ambitions among military leaders, and the painful civil strife between Patriot and Loyalist factions within the American population.

The peace established in 1783 was fleeting, quickly undermined by a four-year period of governmental instability, marked by crippling debt and armed uprisings. In response to this turmoil, the Constitutional Convention of 1787 was convened in Philadelphia, resulting in the creation of the Federal Constitution and laying the foundation for the United States' present system of governance.

The convention was held under strict confidentiality, with women excluded from the proceedings. This sparked widespread curiosity among the citizens of Philadelphia, especially since the convention lasted four months. They wondered, “Could it evolve into a monarchy with General Washington as king?” or “Would it be a pure democracy, or something entirely different?”

According to legend, on the final day of the convention, as the elderly Benjamin Franklin made his way down the steps of Independence Hall, a woman approached him and inquired, "Well, Doctor, what have you given us?"

Franklin's famous reply was, "A republic, Madam, if you can keep it."

What is a Republic?

During the convention, the delegates specifically rejected the idea that America was a pure democracy. They were concerned that a strict democracy could lead to mob rule, where the majority tramples on the rights of the minority.

They were right to be concerned. Socrates, one of the most famous philosophers, was condemned to death in ancient Greece, which was a pure democracy, for his ideas that the majority deemed dangerous. Despite being offered an escape, Socrates chose to remain and accept his fate, acknowledging that, although the decision was wrong, the majority had the right to decide. His death highlights a critical flaw in democracy: the potential for the majority to override individual rights and make decisions that harm others.

As a result, while the US delegates incorporated democratic elements into the Constitution, they also designed non-democratic features to safeguard minority rights and prevent what would later be known as the "tyranny of the majority," a concept referenced by Professor Mutahi Ngunyi.

In Federalist Paper 10, James Madison explicitly contrasted democracy, which he rejected, with a republic, which he strongly endorsed. He argued that the key benefit of a republic was its ability "to refine the public views by passing them through the medium of a chosen body of citizens, whose wisdom may best discern the true interests of the country ".

This approach led the United States to adopt a representative government with a bicameral legislature—comprising the House of Representatives and the Senate—collectively known as Congress.

The framers of the U.S. Constitution recognized the danger in a direct popular vote, which might lead campaigns to focus disproportionately on large urban centers with dense populations. Instead, the electoral college system encouraged politicians to reach out to a broader, more diverse group of voters.

This strategy is a key distinction between Kenya’s and the US's political systems.

Does Kenya pass the republic test?

Kenya's 2010 Constitution mirrors the American structure, with the Senate serving as the upper house and the National Assembly as the lower house.

Kenya’s political structure exhibits elements of both democracy and republicanism, reflecting aspects of majority rule through elections, while also incorporating protections for individual rights and a system of representation.

While the US Constitution refers to the nation as a "republic" without mentioning "democracy," Kenya’s constitution explicitly includes both terms. Chapter two of Kenya’s Constitution describes the country as "a sovereign Republic" and declares that "the Republic of Kenya shall be a multi-party democratic state."

Though Kenya embodies both a republic and a democracy in theory, it falls short of fulfilling either role in practice.

The reality is that Kenya's political system often bends to the interests of the elite, where the government frequently disregards the will of the people, as exemplified by the finance bill controversy.

In Kenya, we are experiencing the very issues the American founders sought to avoid—where the more populous regions or tribes dominate national politics, creating a "tyranny of numbers."

The influence of political dynasties or oligarchies further complicates the situation.

This calls for a reevaluation of the political framework to ensure that power is not monopolized by a small, self-serving group, but rather serves the interests of the majority.

Omtata’s bold proposal: A Kenyan Electoral College

Senator Omtatah has identified these concerns and proposed a compelling solution: a shift toward a system similar to the U.S. electoral college. His plan suggests devolving the presidency so that the national leader would be elected based on votes from the county level.

According to Omtatah’s plan, each county would have electoral points based on the number of constituencies it contains, with an additional point for each county, ensuring that no region is overlooked.

This structure would result in 337 electoral college points, requiring the winner to secure at least 169 points, or 50% plus one.

Under this system, even smaller counties like Lamu—comparable to smaller U.S. states like Alaska, Delaware, and Wyoming—would hold three critical electoral points. While not enough to independently elect a president, this would prevent any single region from monopolizing the presidency.

Politicians would then be compelled to address the needs of counties like Lamu, alongside more populous areas like Nairobi, Kiambu, and Nakuru, thus ensuring a more inclusive political agenda.

Calvin S. Nyagudi, MPRSK, is a PhD Candidate at Beijing Jiaotong University and a Multi-Award-Winning Scholar.