First, Democracy has been reduced to merely the representation of the majority view, leaving it vulnerable to exploitation. This understanding of democracy is evidenced by the idea that an increase in the frequency of elections in Sub-Saharan Africa (and across the world) equates to strong democracies. But this notion is deeply flawed. Although democracy seems to be taking root, the democratic values and principles of equality, human rights, independence of government branches, and representation of the people are at the same time being eroded. This vulnerability is further exposed by the mutually reinforcing phenomena of social media and populism. Social media tools have been used against democracy across the world, but especially in the US, Europe, and South America. This raises the question as to whether votes cast at the ballot are a true reflection of the people’s will, or whether election outcomes have been manipulated indirectly. Compounding this further is the rise in support of the recent coups in West Africa, some of which have been fuelled by the erosion of democratic principles within the state. These coups, ironically termed “undemocratic democratisation,” highlight the need for a definition of democracy that includes essential values and principles, not just elections.

Kenya's June 2024 protests represent this crisis. Sparked by proposed tax hikes that disregarded public participation, these demonstrations have evolved into a nationwide demand for government accountability, transparency, and good governance. A particularly poignant chapter unfolded as citizens, peacefully exercising their constitutional right to protest, were met with a disproportionate and brutal police response. The ensuing chaos tragically claimed the lives of 39 individuals and left countless injured. The protests then turned violent. In the aftermath of these events certain government officials have sought to quell the unrest by invoking Kenya's democratic credentials emphasizing peaceful coexistence and suggesting that citizens dissatisfied with the current regime could exercise their right to vote at the ballot in 2027. This begs a profound question: Does the essence of democracy reside solely in the ballot box, while citizens' fundamental right to demand government accountability through peaceful protest and public participation is relegated to a secondary position? Such a narrow interpretation constitutes a profound misrepresentation of democracy.

Second, extensive research exists on judicial independence and its role in upholding the rule of law. But parliamentary independence, equally crucial for a well-functioning democracy, has been neglected. Parliamentarians across the world are often considered the people's voice, yet history shows a disconnect and they often fail to represent public will. Laws passed against popular opinion in some African countries are an example of this disconnect.  So is the rarity of successful impeachment motions, despite strong public pressure for the impeachment and removal of officials. This disparity often stems from two sources: the undue influence of the executive on the legislature and excessive partisanship.

The recent protests in Kenya also underscore the disconnect between popular sentiment and political action. As previously discussed, these demonstrations were ignited by the parliamentary passage of a Finance Bill that would impose increased taxes and thereby ratchet-up the cost of living on an already struggling populace. This decision exposed the gap between the parliamentarians, many of whom enjoyed opulent lifestyles funded by taxpayers, and the struggling citizens bearing the brunt of austerity measures to service foreign debt. The parliamentarians' apparent disregard for the citizens' plight in pursuit of partisan interests at the expense of public welfare highlights the urgent need for parliamentary autonomy to ensure that legislative bodies truly represent the people's interests. It calls for more attention towards parliamentary independence in order to ensure healthy and strong democracies.

Third, defending democracy requires a balanced approach that weighs all the risks and benefits carefully. Timeframes for limiting rights, such as banning political parties, require careful consideration. Examples from Germany, Turkey, and Brazil highlight the dangers of acting too hastily or too late. Most profoundly, in interpretation of the law there must be a balance between the history of our states, on the one hand, and the present and the future we seek to have, on the other hand. While the courts should take into account the historical context of the law, they must also ensure that the past does not limit the scope of progressive interpretation. This transformative approach, as seen in South Africa and Kenya, strengthens democratic institutions.

In conclusion, despite global democratic regression, there is also a paradoxical resilience. Poland's lawyers, prosecutors, judges, and citizens united against the Law and Justice Party's assault on judicial independence serves as a powerful testament. Senegal's election of Diomaye Faye as the youngest president in Africa reflects youth frustration with governance, fears of dictatorship, and political arrests. The protests in Kenya also represent a significant milestone in the citizens' journey towards reclaiming their sovereign power. These demonstrations have yielded tangible results, including the withdrawal of the controversial finance bill, the dissolution of the president’s ineffective cabinet, and the resignation of the Inspector General of Police in response to the lack of accountability for the tragic loss of life among protesters. While challenges persist, these achievements signify a promising step towards a more accountable and transparent government, laying the foundation for a stronger Kenyan democracy.

Inscribed on a section of the Berlin Wall's East Side Gallery are these words: ‘Many small people who in many small places do many small things that can alter the face of the world’ (Afrikanische Weisheit). The Rule of Law Academy, though small, also embodied the spirit of democratic resilience. As we, the young participants return to our countries, I believe our actions, however small, have the potential to positively redefine the path of democracy worldwide.

Mitchel Namalwa Kakai is a final-year law student at Kenyatta University, specializing in international human rights. Her latest achievement is her upcoming book chapter, set to be published in 2024 by the Pretoria University Law Press, which examines the comparative application of the constitutions of Botswana and Kenya in protecting the rights of sexual and gender minorities in Africa. She participated in the Rule of Law Academy organized by the Konrad Adenauer Foundation.