One feature of primeval societies is the phenomenon of the kingpin, or tribal chieftain. Such a potentate rules over a largely pre-modern culturally monolithic ethnic group. A political society so organised is tightly woven and submits to traditions and beliefs that are almost beyond question.
Dissent isn’t common and elders, usually men, rule unchallenged. Social harmony and cohesion are highly valued. In nostalgic literature about the pre-colonial period, many African writers romanticize and paint an idyllic picture of life back in the day.
But whether true or not, we know this – those days are long gone. Never to return. In their stead, we have the dirty and disorganised world of a globalised planet. The one stubborn hangover is the tribal kingpin.
The tribal overlord is a remnant of history. At best he is a transitional crossover of the colonial and post-independent eras. In a modern democracy, such a leader should not exist, and if they do, they should be phased out.
The reasons for this are simple and straightforward. In a functioning democracy, two key demographic identities should be paramount and subsume all others. The first is the individual.
This atomistic person is the basic unit of any society. It is the individual person who makes the genius of democracy, even if it’s a fiction, possible. The assumption is that democracy requires individuals who can make rational choices that are both selfish and driven by the larger public good.
The second important demographic in a modern democracy is a national identity. Without the nation, the individual and even ethnic collectives are in jeopardy. The state, which superintends the nation, is the basic protector of the individual and any collectives within it.
Without the state, all is lost in a modern world. Ethnic groups, or sub-nations, for example, within the nation and state are by democratic logic subordinate to the individual and the nation. Where this isn’t the case, both the nation and the state risk reversibility, or even collapse, in times of crisis. The temptation by ethnic demagogues might be to promise protection against the state. Retreating to tribal cocoons absent very dramatic alienation or pogroms from the state is a dead end.
These are the reasons why in a democracy, the Bill Rights is the superior section of a national constitution. It’s why it generally requires a high threshold, usually a two-thirds vote and other complex procedures, for amendment. It’s virtually the sacrosanct part of the constitution.
Although obviously individuals think of communal rights, especially in the Global South particularly in countries that aren’t yet industrialised democracies, the expectation is that the individual is inviolable. This is not to say that the individual must be an egoist consumed only by their own selfish interests. But it is to say that the individual will think for themselves first before engaging in group-think. It’s the collection of rational individuals that make democracy work.
This brings me to Kenya’s political evolution. Kenya wasn’t created by the people we call Kenyans today. Kenya was a colonial project which amalgamated many pre-exiting nations together without logic or rhyme for the sole purpose of Empire and exploitation.
Over time, these nations decided in the colonial struggle to fight as one for emancipation. That’s why since 1963, these diverse peoples have lived in an experiment to build a single nation with a unique identity in the world. This experiment has suffered many fits and starts. It got its worst trial after the 2007 elections when brother hacked brother to death. The country saw internecine bloodletting that was genocidal. This was a failure of our democratic experiment and the art of living with diversity.
In my view, the kingpin has been one of the biggest, if not the most suborn, Achilles Heels of Kenya’s democratic experiment. Thank goodness the tribal kingpin is being consigned to the dustbin of history. The Meru, for example, have not had a kingpin since Jackson Angaine left the scene decades ago.
The Kisii haven’t recreated a kingpin since Simeon Nyachae passed away. The Luhya have been without one since Moses Mudavadi. I bet Raila Odinga was the last Luo kingpin just as Kalonzo Musyoka will not be replaced. I see this as the end of the era of the kingpin. Our newer generations, who increasingly want to think of themselves as tribeless, may be the leading edge of a less tribally-anchored Kenya that’s not primordial.
The process of the de-tribalisation of Kenya is an unqualified good for democracy. And I see the end of the kingpin as potentially the beginning of the maturation of Kenya’s democracy. This is a natural process in a democracy. There is no doubt that race, ethnicity, and other identity markers remain important indices of any national character, and demagogues will no doubt continue to exploit them. But these demons must be contained for any democracy to reach its potential.
Makau Mutua is SUNY Distinguished Professor and Margaret W. Wong Professor at Buffalo Law School, The State University of New York. He’s Senior Advisor on Constitutional Affairs to President William Ruto. @makaumutua.
