Constitutionalisation of Political Parties, Multipartyism and Political Opposition in Anglophone Eastern Africa

This article examines the relevant constitutional and legal frameworks on political parties, multipartyism and political opposition in anglophone Eastern Africa. Using Kenya, Uganda and Zimbabwe as case studies, it shows that while these countries have constitutionalised political parties and multipartyism, political opposition is only weakly protected. The article also reveals how this weak protection is rooted in a shared British colonial past and how it has evolved over time. Following brief periods of multipartyism after independence from Britain, one-party states existed sometimes for decades until democratisation in the 1990s. Uganda has returned to the multiparty system through constitutional amendments in 2005 and both Kenya and Zimbabwe have entrenched political parties and multipartyism in new constitutions in 2010 and 2013, respectively. As will be argued, although these frameworks include some dedicated provisions promoting and protecting political opposition, in practice they often work in favour of ruling parties and do not provide a level playing field for opposition parties to openly compete for power. At the same time, examples from all three countries illustrate how opposition parties in anglophone Eastern Africa are able to use or circumvent provisions in these frameworks to operate and compete in this environment.