Does the country have a functioning opposition? What comprises the opposition, and is it provided for in law?

These are some of the questions a majority of Kenyans have been raising, arguing that opposition parties should be more robust in overseeing the government, given that they are also entitled to funding.

Amid heightened political tensions in the country, coupled with ongoing efforts by politicians to align themselves for the 2027 General Election, the role of the opposition has come under scrutiny.

Political leaders have been keen to emphasise the critical role the opposition plays in the country, in addition to now declaring that they are building a ‘broad-based opposition’.

Today, leaders in the Azimio coalition insist that the ‘people’s loyal opposition’ is led by Wiper leader Kalonzo Musyoka, assisted by Democratic Action Party of Kenya (DAP-K), party leader Eugene Wamalwa. Notably, former Deputy President Rigathi Gachagua could be joining them.

In 2022, there was a neck-and-neck competition between President William Ruto’s Kenya Kwanza coalition, which ultimately took power, and the Azimio la Umoja coalition, which finished second in the race.

Gradually waning

In the long run, the Azimio coalition, which comprised parties such as the Orange Democratic Movement (ODM), Wiper Party, Narc-Kenya, Jubilee, DAP-K, and KANU, among others, was considered the opposition.

However, even then, the opposition has been accused of gradually waning due to constant pressure from the government, which has recruited some members into its ranks.

The first to declare an intention to leave Azimio was Narc Kenya, led by Martha Karua, marking the beginning of a new chapter in the turbulent times the coalition has been experiencing.

“Kindly note that our stay in Azimio is no longer tenable due to the prevailing political developments. The notice period to remain in the coalition is three months,” said Karua when she issued a notice to exit Azimio last July.

Now, DAP-K has also declared its intention to leave the coalition.

Wamalwa stated that they supported Azimio in the last elections, but things have changed since part of it, particularly ODM, joined the broad-based government last year, and Kalonzo has been leading the coalition.

“In the journey to the last General Election, DAP-K was fully part of Azimio. But as we speak, after ODM and others entered the broad-based government, my party made a resolution that it was no longer tenable to continue being part of a coalition that does not know whether we are in government or opposition,” he said when he launched his party headquarters in Nairobi on Monday.

He added: “DAP-K has decided to start a new journey, forge new friendships, and chart a new path towards the formation of a new government. Let us tell Kenyans the truth: Azimio died last year… Azimio is as dead as a dodo.”

Constitutional lawyer Bobby Mkangi noted that, while the term ‘opposition’ is not directly used in the constitution, it is allowed, and Kenyans can oppose the state.

He explained that in Kenya’s presidential system, the institution of the opposition, particularly in the legislature, takes the form of the minority side in parliament.

“We have a presidential system, a distinct system where you have an executive that is separate from parliament and the judiciary. So, the side with fewer numbers in the legislature is the minority side, which is deemed to be the side that opposes the other side in parliament,” he explained yesterday.

He said that Kalonzo’s role outside parliament is valid because his party is on the minority side in the House.

“We have grown accustomed to using the term ‘opposition’ rather than ‘minority’ and ‘majority’ sides… So, our system is designed for institutions to oppose each other, for parliament to oppose the executive, as part of the checks and balances,” he explained.

The numbers

“Ours is actually two-tiered. There’s institutional checking and balancing, but also within the institution, especially parliament itself, it depends on the numbers and how the formations turn out to determine who is opposing whom,” Mkangi added.

However, analyst and lawyer Dennis Anyoka holds a different opinion.

He argues that under the current constitution, the opposition is not provided for, but the structure comprises three arms of government: the legislature, composed of a majority and minority, the judiciary, and the executive.

“The whole idea is that the entire legislature should be able to check the executive. However, it is a misunderstanding that the political class has. The silence of the elites, who want to benefit, and even the very educated parliamentarians, call themselves government or opposition. But we do not have anything like an opposition in the constitution,” he told The Standard yesterday.

He said politicians benefit from close association with the executive and will never raise this issue, but the entire legislature should be able to check the executive, as this is the only structure provided for in the constitution.

“The opposition existed in the old constitutional dispensation, where we had the government and opposition sides. But that ideology has changed. We do not have that anymore,” he explained.

According to him, the so-called ‘people’s opposition’ does not exist but is rather their own thinking and ideology, in addition to reviving an old concept and justifying it.

He said that Kenyans should simply elect parliamentarians to check the Executive, noting that the elected president is not an MP, does not sit in the National Assembly, and has specific roles to perform as the head of state.