Normalization of menstruation needs to start from the top

Posted by on 20th September 2019

Categories: Uncategorized

Aisha Hinds of the Shots Fired series once said, “It goes against natural order for a parent to bury their child.” Jackeline Chepng’eno’s parents were dealt with this sad reality when their 14-year-old took her life after being subjected to period shame by her teacher. This unfortunate incident speaks of failure on several levels of the young girl’s ecosystem. Failure by the teaching system, the government and society to create an accommodating environment for a girl hitting puberty.

In an all too familiar move, questions started being asked after the milk was already spilled. In June 2017, President Uhuru Kenyatta signed to law a Bill to amend the Basic Education Act that would bring to effect the free sanitary pads to primary schools. What followed was an allocation of Sh 420 million in 2018 which supplied 3.7 million girls with sanitary towels according to the Ministry of Gender. As it turns out, the tendering process of this programme wasn’t spared from controversy. Some members of the Public Accounts Committee (PAC) have linked Education Principal Secretary Belio Kipsang to Konyipad Construction and Supplies Company Ltd that was awarded the tender to supply and deliver sanitary towels to schools despite not being the lowest bidder.

The opaqueness of this and many other government tendering processes have overtime affected service delivery and is now threatening more than half of the Kenyan population. Which therefore means that Parliament has been slacking on its oversight mandate. It’s been said before that we do not face an absence of laws rather a lack of good will to implement them. It was just a month ago that Kwale Women representative Zuleikah Hassan was ejected from Parliament for bringing her 5-month old baby into the parliament chambers. Reason being that the Parliament buildings did not have a functioning crèche 6 years after MPs passed a motion directing the PSC to set aside a room for nursing mothers. Parliament needs to pull up their socks in gender responsive legislation if we ever want to end gender inequality in this country.

It is only right that this process is properly audited to ensure that it covers all bases in the next round of distribution. Furthermore, it may be in the best interests for all interested parties to move this function to the Ministry of Education to avoid any delays that stem out of the bureaucracy that is involved in acquiring the pads from the Gender Ministry.

This incident has not only put the PAC on the spot but the Education Committee from whom Bomet women representative, Joyce Korir sought answers with regards to the disciplinary action that will be taken against the teacher. Among the enraged women legislators was Mbita MP Millie Odhiambo who urged the family to sue the Ministry of Education and called for disciplinary action against the teacher. She did not leave TSC behind in the trail of blame and accused the commission for failure to train their teachers. Her sentiments underscore the need for sensitization of teachers in approaching sensitive matters but more importantly the need for trained counsellors in every educational institution to avoid such abrasive and insensitive approaches that threaten the well-being of children.

But there is a saying that goes, “the fish starts rotting from the head”. If we are at all going to achieve a society that normalizes periods it needs to start from our leadership to trickle down to the citizenry.

Rise above political entitlement and focus on making an impact

Posted by on 16th September 2019

Categories: Uncategorized

It is written: ‘My house will be called a house of prayer. But you’re making it ‘a den of robbers’,” said Jesus as he drove out traders from a temple in Jerusalem. If one were to exclude the context and source of these words, they’d still have great relevance to the Kenyan political space in relation to the church. Kiharu MP Ndindi Nyoro and Nominated MP Maina Kamanda had an altercation at Gitui Catholic Church on Sunday following an aggrieved Nyoro who claimed that protocol was not observed at the church function.

Many Kenyans were left surprised as to when politicians held this much importance to the point of having the audacity to desecrate a place of worship. But the blame doesn’t fall solely on them, the church has been an enabler. Churches have provided a platform for politicians to attack opponents and for the latter to give rebuttals, with the leverage largely being the huge sums of money contributed in church harambees. The Messiah would probably throw a fit in light of this incident seeing that the church has become the very thing he forbade; a marketplace.

This incident validates the premise of the Mzalendo Civic Awareness report that sought to understand the public’s perception of public and state officers. Leaders have become so bold in displaying an inflated sense of self-importance making it apparent that their positions aren’t meant for service but to satiate their hunger for power. Power that they can wield to pursue personal and political interests. They have in turn lost sight of their goal and mandate and become what Chapter Six of the Constitution speaks against. Article 75 (1) (c) states, “A State officer shall behave, whether in public and official life, in private life, or in association with other persons, in a manner that avoids demeaning the office the officer holds.” Mr Ndindi and Kamanda’s conduct in Murang’a was disrespectful of the church, its congregants and their respective constituents. Their actions led to a ban by Gitui Catholic Church on politicians attending church functions, which frankly, was long overdue.

While Nyoro tried to get off the hook by terming his arrest as a political attack by the “Kieleweke” camp, he wasn’t spared from the fact that long before this incident, he had courted controversy before. The sycophancy disguised as loyalty has reduced him and many other young politicians as mouthpieces for the different political camp leaders. To live up to the expectations of the positions these leaders hold is actually the bare minimum, sadly many refuse to see the world of possibilities by failing to shift their focus from myopic goals.

If any of the elected leaders doubt whether this is possible then the late Kibra MP Ken Okoth is a prime example of what one can do with a great vision in mind. The teacher turned politician proved naysayers wrong when he made true his promise to construct schools in his constituency. Most MPs who have either failed to drive tangible development through their CDF fund or misappropriated it had no excuses to fall back on when Okoth made the constituency that is home to the biggest slum a subject of envy. This is a legacy that many will struggle to attain leave alone outdo. Which would then mean that the Kibra electorate in the upcoming by-election will have an uphill task in finding a worthy replacement from the candidates who’ve been floated by various parties so far. The late Ken Okoth’s shoes are too big to fill and the successful MP-elect will have to do more than sell empty rhetoric. The candidates owe it to the departed illustrious legislator to see the education goals he had outlined come to realization.

Ken Okoth’s achievements and values should be a great point of reflection for the likes of Nyoro and the entire Parliament as it resumes sittings. There needs to be a shift from constantly politicking to having conversations that drive development. In any case, when 2022 comes, won’t the citizenry judge MPs’ performance based on this period that is being lost to talks of an election that is three years away?

Strengthening the National Values in Our Civic Space

Posted by on 6th September 2019

Categories: Uncategorized

I’d rather die on my feet, than live on my knees,’ states Spencer Sankale a senior accountant in Maasai Mara University in an expose dubbed the Mara Heist aired on Citizen TV. In the expose Spencer gives a tale of rot, backed with phone call and video recorded evidence, of top university officials who have mastered the craft of money laundry from public institutions; milking bank accounts dry day in day out and even heartlessly denying the same institutions and young minds from Narok County and the country the chance to quality education and essential services such as medical care.

This might just be the right spirit for a country that is focused on eradicating corruption and a citizenry that is choked by graft cases at the expense of service delivery and infrastructural development. Spencer joins the list of Kenyans such as David Munyakei, the late Paul Oulo and John Githongo who saw and still find it best to live for values that guarantee them comfort with dignity and respect rather than losing self-respect by moving with the flow. To a greater extent, these acts are driven by patriotism, bravery, integrity and a desire to uphold and promote national values.

While the 2010 Constitution of Kenya under Article 232 advocates and provides for principles that inform the public service such as high standards of professional ethics, effective and economic use of resources, individuals who are keen to expose contrary happenings in public offices and service have always been left between a rock and a hard place. At most times there is no sound reaction from relevant authorities beyond prolonged court cases, trending hashtags, tweets and retweets by the public; formality stances from the government and then comes yet another expose that numbs our conscience with an even appealing case.

Thus even with clear and convincing evidence, most citizens will choose to go silent on wrongdoings and acts of corruption in the public offices. Such citizen inaction is always propelled by a great sense of fear for victimization, discrimination and job security. Hence the government needs to be clear on the legislation towards the protection and promotion of the individuals who are ready to promote national values at all costs. The assurance for protection of these individuals acting in good faith and on solid grounds or reasonable belief from discriminatory action is still unclear and debatable.

There exists a Whistleblower Protection Bill, 2017 that outlines the procedure for disclosure of information relating to improper conduct in the public and private sectors and also assure protection of persons who make such disclosure against victimization. The bill still sits in the office of the cabinet secretary. For an officer who is keen in promoting national values, the bill should have moved to parliament for amendment into law. But as of now the cabinet secretary exposes individuals like Spencer acting in good faith and on reasonable belief to discriminatory action and victimization.

Finally, blowing the lid on abuse of office and mismanagement of funds is a sign of an active citizenry that recognizes its civic duty and regardless of the negativity around it; it is always ready to die on their feet for the national values.

 

The success or failure of the census all lies in the planning

Posted by on 28th August 2019

Categories: Uncategorized

Unto whom much is given, much is expected. This aptly applies to Dr Fred Matiang’i, a man on whose shoulders many responsibilities have been placed.   It is no surprise that all eyes are on him during the census,  an activity that takes place once every decade to ascertain how many Kenyans exist. This one, however, could possibly be the most controversial coming at a time when the mood is rife with referendum and 2022 succession talks and a citizentry weary of any government efforts to harvest personal data. That’s besides the stringent last minute measures that were put in place by the ‘Super CS’ in an effort to capture every single Kenyan in the count. A nationwide lockdown of bars and clubs aggrieved many revelers who complained of having lost on a weekend to unwind while most are yet to have a moment with enumerators doing rounds in every household.

This rushed move was symptomatic of poor planning by the government which would have been solved had there been extensive and prolonged civic engagement and sensitization. Had the Ministry of Interior and Coordination of National Planning used the communication arsenal employed during the Huduma Namba registration to educate the public on the census process, then perhaps the hostility that enumerators have been met with in some areas would not have been reported. While Dr Matiang’i was stamping his authority with the closure of bars he failed to factor in the complexities that come with conducting such an exercise during late hours. Not only did this move expose Kenyan homes to risks such as robbery but this put the enumerators in harm’s way. In an all too familiar move by the government, the ministry has just changed the working hours to 6am to 10 pm a little too late after this past weekend’s tainted exercise that saw an enumerator gang-raped.

Security matters aside, it is becoming evident that the training of enumerators wasn’t consistent across the board with several Kenyans reporting inconsistencies in the exercise. Some easily breezed through some questions that were considered mandatory while others approached some sensitive questions such as gender, based on their assumptions of one’s physical appearance. It not only waters down the landmark recognition of intersex persons but it means that the final data compiled might be inaccurate as not all intersex persons will be mapped out.

Kenyans who’ve participated in previous censuses noted with a lot of caution that the ID requirement was new in the census raising concerns over this being a mass data collection exercise. Despite government spokesman Cyrus Oguna assuring Kenyans that the ID number will be done away with to achieve anonymity, Kenyans have every right to exercise caution since threats have preceded transparency in government processes in recent times. It is noteworthy that the question of one’s ID number doesn’t rank high up as crucial information in as far as planning is concerned. There were no questions on one’s proximity to a medical centre, a school, a tarmacked road, market centre, bus stop, chief and police station/post. Which means that without a proper heat map on the gaps in different regions, development equality will remain elusive.

Not to say that the Kenya Bureau of Statistics’ efforts will all go to waste. The question on one’s migration to another county will be a good issue for leaders to ruminate on. Reason being that most people move because they seek good education and jobs that may not be accessible in their counties of origin, meaning that leaders will have to put in extra effort to achieve and accelerate development in all fronts.

There’s a lot of insight to gain from this census but it’ll only prove to be useful if politicians choose to look at the bigger picture rather than the myopic route that only considers “numbers” to advance their political interests.

Stalemate on Revenue Bill will only hurt Kenyans

Posted by on 26th August 2019

Categories: Uncategorized

The current show of might between the National Assembly and the Senate is escalating to unpleasant heights and the casualty of this is not only devolution but the people of Kenya. We’re about to hit two months since the 2019/2020 financial year began yet there’s no sign of the stalemate on the Division of Revenue Bill ending soon. The second round of mediation hasn’t been promising either given the hardline positions being held by members from both Houses during their first meeting.

With a financial crisis looming, counties are waiting with bated breath to see how the mediation talks slated for this week will pan out as some are already dealing with the headache of staff strikes who are demanding for their July dues. The Council of Governors who sought the intervention of the President earlier this month hit a wall as he insisted that the government lacks sufficient funds to meet their demands. These sentiments were shared by the team from National Assembly who challenged the Senate to prove how they would acquire the additional Ksh 18.5 billion they proposed. The result was an exchange between the two sides over several issues including the supplementary budget that Senators poked holes into, forcing the chair of the mediation, Senator Mahamud to adjourn the meeting.

Kenyans now have every reason to worry because chances are that once the census is concluded we will wake up to the surprise of counties coming to a standstill over lack of funds. Interestingly, the Auditor General has faulted the National Assembly for using revenue figures from his office dating three years back to distribute funds to counties, despite the most recent audited revenue from his office dating back to June 30th 2018. This invalidates the proposal by National Assembly of Sh 316.5 billion that is based on the audited accounts of 2016 yet Article 203 (3) of the Constitution states, “the Equitable share shall be calculated on the basis of the most recent audited accounts of revenue received, as approved by the National Assembly.”

“People must wake up to realize we do not have two Parliaments; we have one Parliament with two Houses. We do not have two houses; one for the national government and one for the counties. We have one parliament and that one parliament must work together because all Bills in my opinion concern counties. You come from a county, you live in a county, you sleep in a county there’s no territorial boundary called national government and one called counties even the national government is domiciled within a county called Nairobi.” These were sentiments shared by Senator Isaac Mwaura which address the basis upon which National Assembly has justified denial of more funds to counties while allocating more money to the Executive.

The 12th Parliament risks being on the wrong side of history as enemies of devolution who denied counties a chance to fulfil their mandate to the people and attain their full potential. As representatives of Kenyans, it is disappointing to see our leaders getting caught up in supremacy battles and losing sight of why they were elected in in the first place. Where a devolved function is involved, for example health, a comparison between the health ministry against the counties would be a great starting point to see whether it makes sense for the latter to have less money with the Universal Health Care goal in mind.

Since corruption in counties has been brought up in the Revenue Bill discussion, the Senate has gone ahead and tabled the Public Finance Management Bill sponsored by Dr Agnes Zani that will curb corruption through the proposed county revenue collection system that will operationalize the collection system and prepare annual reports. Failure to implement this will result in denial of funds to counties. With such a framework in place county governments will be compelled to account for every single coin allocated to them, putting the matter of corruption to an end. To have a system is one thing, for it to be faithfully implemented it takes political will and the ball is in the governors’ court to prove the naysayers wrong by efficiently using the monies that’ll be allocated to them should this stalemate come to an end soon.

Law to effect public participation is a timely proposal.

Posted by on 16th August 2019

Categories: Uncategorized

The timing of the Public Participation Bill sponsored by Senator Amos Wako couldn’t have been better with the rising interest by Kenyans to take part in the legislative process. Despite some shortcomings, the Bill forms a good basis to address concerns and doubts raised by many Kenyans who have termed public participation as just a formality. Reasons for this have been the time-constraints, inaccessible information and venues of participation, language barrier and an inefficient feedback mechanism just to mention a few.

The recent call by the Dr Matiang’i led Ministry of Interior and Coordination of National Government for public views on the controversial Huduma Bill 2019 disregarded the public participation rights as enshrined in several articles in the Constitution. As murmurs on the Bill started getting louder, the Ministry officially made the Bill public and days later, notified Kenyans of a public hearing that was to be held in two weeks. Two weeks that wouldn’t be enough for wide circulation of the notice to all Kenyans for them to familiarize themselves with the Bill before submitting their memoranda to their County Deputy Commissioners. Because of the technical nature of written memoranda, public hearings were made an alternative through which views by the public can be presented. But of what use are they, if they are confined to one location during a day when most Kenyans are attending to their day jobs? That aside, it didn’t escape Kenyans that the cart was put before the horse in the Huduma Namba context when a law governing the registration of persons came months after millions had already been pushed to share their personal information during registration.

The lack of clarity on the order of events in public participation is what the Busia legislator, Wako, seeks to address in Clause 4 of the Bill that spells out the principles that guide public participation. As it stands many are aggrieved by Ministry of Education which had very little consultation before rolling out the Competency-Based Curriculum which is now inviting views from the public to inform this new education system that has resulted in more confusion than clarity. It doesn’t help that the only channel officially employed is the newspaper that reaches a select few; those who can afford to buy it and those who have easy access to it in the first place.

This calls for diverse, innovative, creative, efficient and inclusive mechanisms to be put in place if at all every Kenyan is to enjoy this right. If it is a matter of reach, social places like places of worship, school, community centers are a low-hanging fruit that can be used to inform and collate views from locals on pertinent issues as stated in Clause 4 (2) of the Schedule of the Bill. Traditional and digital media channels are a welcome suggestion to conduct civic engagement to avoid excluding anyone.

The language barrier has proven to be a challenge when it comes to interpreting laws from English to Swahili, which are both national languages. This has left out a great segment of the Kenyan population who are conversant with their vernacular languages or mixed Swahili. To circumvent this, the Bill proposes, “Where the targeted participants are not conversant in the national languages, the responsible authority shall provide an interpreter for those participants who wish to make their remarks in their local language”. This shall mean national and county governments working closely to task counties with interpreting Bills in the local dialect that covers the larger part of the population in their respective regions.

We can’t have oversight without public participation, and you cannot have participation without information,” said Nairobi Senator Johnson Sakaja during a debate on the County Oversight and Accountability Bill. His sentiments though captured in the county context are relevant on a national scale. Kenyans cannot fully hold leaders to account without information. Information, in this case, isn’t just what is given during the inception of a law but also feedback on the views presented by the public and the rationale by the relevant bodies on how final decisions were reached. This will, in turn, build public trust in public offices.

To demystify the notion that public participation is complex, you’re highly encouraged to pay attention to the famous speech by West Pokot County Governor, Paul Lonyangapuo to actually see that beyond the jokes he was actually informing his citizenry on the county budgets and spends.

On the matter of citizens’ perception on MPs’ roles

Posted by on 8th August 2019

Categories: Uncategorized

“If I don’t promise my people roads, bridges, hospitals and schools, I won’t be elected as an MP,” said nominated Senator Abshiro Halake during Civic Awareness Research that was launched last week. Perhaps this marks the origin of the mismatch between legislators’ constitutional mandate against the public’s perception and expectations of them.

In reality, lawmakers’ output which is mainly measured by the policies and laws passed may not be as appealing as that of the executive in both national and county government level that is heavily measured on the number of development projects brought to life. Kenyan MPs are yet to translate their roles into a palatable form of development that their citizenry can and should yearn for. As the Senator would explain, when a legislator is met with the pushback of “I can’t eat laws”, they easily cave and copy the manifesto of the executive which then comes back to bite them at the next ballot over failing to deliver their promise.

The report further reveals that MPs are evidently victims and perpetuators of the Big Man Syndrome. “They love to show up in convoys and awe the public”, Churchill Suba noted during the launch which then sets the precedence of the public’s dependency on leaders to meet their individual personal needs. Attesting to these personal demands by Kenyans, not a day goes by without Mzalendo receiving a call or message directed to one of the MPs concerning medical emergencies, school or business needs. Bringing to fore the misunderstanding of MPs’ mandate. During our interactions with our representatives, most of us have been guilty of using a self-serving approach that is problematic as the results borne out of those interactions are short-sighted and less impactful. We’re then challenged to see the bigger picture and bring the attention of our lawmakers to ailing systems that require their intervention in the form of laws that will provide the framework upon which, say, healthcare across the country will improve.

On the matter of MPs being victims of the Big Man Syndrome, this came to light through the stories that have been told numerous times on various media. First, the very same manifestos they float during campaigns become the guillotine that is used for their public execution. Failure to fulfil these promises that are beyond their mandate makes them subject to criticism. The task, therefore, falls on the media to educate the public on the actual mandate of the MPs, investigate whether they are effective in their respective roles and give a breakdown of how laws passed affect the livelihood of a Kenyan. It is through these stories that citizens will then start relating the law-making process to better lives. As Ms Halake would explain, “both MPs and media need to make people understand that if I sponsor a law that states every town has to have enough street lighting, this will mean longer hours of business for people and a thriving economy. Isn’t that better than handouts?”

A proper grasp of legislators’ mandate, gives us more insight when we hold them to account. Where we get an understanding that their stance on pertinent issues brought to the floor of the House matter more than their contributions in harambees. If anything, these harambees encourage a “Messiah mentality” that is not progressive.

If you look at a governor like Sonko, why would he continue to have his rescue team and yet he’s a governor and other Members of Parliament who continue to run their private foundations yet they have their CDF kitty. So it is an egg and hen situation because if you do not do it someone else will so we become victims of this vicious cycle, but it has to be broken at some point and that is why I really value President Kibaki because he had stopped that nonsense of harambees. Harambees will never develop the country”, said Senator Isaac Mwaura during his interview with Mzalendo, on the matter of MPs’ allowances and citizens’ demands. Food for thought?

Cancer has reached crisis point

Posted by on 30th July 2019

Categories: Uncategorized

As at September 2018 Kenya registered the highest number of cancer deaths in East Africa compared to neighbors, Uganda and Tanzania. This is according to a World Health Organization (WHO) Globocan report that revealed cancer kills 32, 987 Kenyans a year compared to Tanzania and Uganda with 28, 610 and 21, 829 cases respectively. It is this mind-boggling figures and the fact that cancer rates are expected to double by 2026 that really hammers home that cancer is indeed a national crisis.

In one month alone, we’ve lost three prominent figures to the disease; Safaricom CEO Bob Collymore, Industrious Kibra MP Ken Okoth and trailblazing Bomet Governor Joyce Laboso. Cancer isn’t the only common denominator as these three figures all went to seek treatment abroad and were either victims of late diagnosis or misdiagnosis. This just mirrors a larger problem that is facing a lot of Kenyans who sadly lack the means to fight this disease as these three great leaders attempted.

While leaders have the privilege of medical insurance that gives them access to the best facilities globally and medical practitioners, most Kenyans rely on NHIF to cater to their medical expenses in public medical facilities. Even then, some are denied access to medical care as was the case of the late Esther Wambui whose story epitomized a broken healthcare system that needs to be fixed urgently. A video surfaced online of her sister crying in desperation after Kenyatta National hospital turned them away after they were unable raise Ksh 1, 950. It took the intervention of well-wishers for her to be admitted at the referral hospital but sadly Esther died on July 15th 2019 only for her family to deal with the sad reality of an outstanding hospital bill to be able to lay her to rest.

This and many other similar cases are just a drop in the ocean of problems that face the public health sector. In an article on the Standard published in May this year, cancer experts blamed the country’s unreliable referral system that has had a hand in patients being presented to them when they are already at advanced stages.

One wonders whether universal healthcare is just another pipe dream as families dealing with the loss of their loved ones are left bankrupt and stripped off of their dignity. There should be a call to audit public medical facilities and give the medical sector an overhaul. Late diagnosis brings to fore the need for countrywide sensitization on regular checkups for early detection and treatment to save more lives.

The high cost of treatment and drugs calls for the intervention of Parliament to pass legislation that will make cancer screening, treatment and prescription free to patients to make these services available to all regardless of their classes. The budget allocation to healthcare needs to be considered to put to an end matters of under-equipped and understaffed hospitals that crumble under the pressure of legions of patients. Lawmakers have a hand in setting regulations in the health, agriculture, licensing and regulation boards; all of which have a hand in the well-being of Kenyans. These conversations should be kept alive during and after our mourning because we’re losing too many people for us to allow it to be acceptable.

A cure for cancer may be dreaming to big, but we can find lasting solutions to greatly reduce the cancer rates and deaths. It’s the least we can do to honor Ken Okoth and Joyce Laboso.

 

 

Will a change of law translate to actual change?

Posted by on 25th July 2019

Categories: Uncategorized

Kenya could potentially be in a historical moment with talks of a referendum dominating airwaves every waking day.

Uasin Gishu’s women representative Gladys Boss Shollei just tabled a Constitutional Amendment Bill 2019 in Parliament barely a week after Dr Ekuru Aukot’s Punguza Mzigo Bill was given the green light by IEBC after a successful verification of 1.2 million signatures. While the end of these two Bills is similar, it is the means that differ by a mile. The Punguza Mzigo Bill aims to live up to its name to lighten the burden for the taxpayer by significantly reducing the number of representatives from the current 416 members to 147. The Constitutional Amendment Bill by Ms Shollei, on the other hand, proposes an increase of members from 416 to 560 to achieve the elusive representation.  The country also waits with bated breath for the report from the Building Bridges Initiative, which from all indications, will also recommend a referendum.

Despite their glaring differences, a commonality emerges; development. Dr Aukot’s Bill seeks to reduce the spend on state officers’ wages and to channel the resources into social and economic development while Ms Shollei’s Bill seeks to achieve inclusive development through proper articulation of needs stemming from different interest groups and working towards finding sustainable solutions. These concerns echo the 9-Point Agenda which gave rise to the BBI and which seek to transform the country through equitable distribution of wealth.

While the proposals may be justified, they beg the question whether the current constitutional framework has been an impediment to achieving development for Kenya.  While this may not be the case as we’re yet to see a flawless constitution that has been implemented to the letter,  the success of it largely depends on the political will to bring laws to life, which has been lacking in Kenya. Take the gender-rule for example, while it may have been impossible to achieve it through the elective process the Executive has repeatedly passed up on opportunities to fill this gap through appointments. This isn’t a challenge that faces women in isolation as youth and persons with disability have been left in the cold enough times.

The current tug of war we’re witnessing between the Senate and the National Assembly over the Division of Revenue Bill 2019, is another manifestation of lacking political will to make devolution work. This simply translates to a violation of the constitution within which devolution is enshrined. It has become evident that even after the promulgation of the 2010 Constitution,  we are yet to have a mind-shift from the centralized system we were accustomed to. We need to remember that the devolved system was meant to undo the historical injustices that resulted from the centralization of power and resources, excluding other regions that have since been struggling to catch up.

The constitutional amendments proposed so far may have the goodwill of Kenyans at heart but there’s a need to have a bigger discussion on the implementation of said amendments to avoid wasting resources and time into laws that won’t be brought to life.

The political motivation behind every constitutional proposal also doesn’t escape Kenyans. Several have touched on an increase in number either at the executive or legislative level guised as an effort to achieve equal representation while it could be a move to strategize for a few people’s political futures.

“I am not a senator for future senate positions. I am a senator now. We need to stop creating positions for ourselves and we have to stop postponing our development. It needs to happen now,” said Nominated Senator Dr Isaac Mwaura during a chat with Mzalendo. Could the political ilk adopt this mentality to work to inform any decision they make in their positions of leadership?

Impasse on the Revenue Bill needs a prompt solution

Posted by on 16th July 2019

Categories: Uncategorized

The Council of Governors’ march to the Supreme Court on Monday, July 15th 2019 portrayed a frustrated lot with activities in their respective counties threatening to come to a standstill over the Revenue Bill crisis. Despite going into mediation talks, both Houses have refused to cede ground over the proposed allocations for the financial year 2019/2020.

National Assembly’s initial proposal of Sh 310 billion was bumped to Sh 316 billion, but the figure couldn’t match Senate’s proposed Sh 327 billion. National Assembly insists that their proposal has been advised by the funds presently available at National Treasury. Forming the basis upon which the Governors sought the court’s advisory as The Division of Revenue Act 2018 provides that any shortfall in revenue should be borne by the national government making the reduction of funds to counties baseless.

In a bid to silence the demands from Senate and Council of Governors, Majority Leader Aden Duale challenged county governments to prove what they have achieved with previous allocations to warrant an increase in funds. Not only does this fuel the narrative of counties’ greed but it plants a seed of doubt in the effectiveness of devolution. Contrary to popular belief, counties have made great milestones since the inception of the devolved system. They have over time proved to be capable of creating a thriving and sustainable economy and ecosystem tailored to meet the unique needs of each county.

Healthcare in counties has improved immensely with through advanced preventive and curative procedures that have ticked off a number of firsts for them. Turkana for instance, registered its first surgical procedure and first caesarean procedure in 2017 and 2019 respectively marking great milestones in healthcare for the county. These advancements have been replicated in other counties such as; Makueni with its first knee replacement surgery, Kericho’s with the first open heart surgery, Nyeri’s with the first bloodless surgery and Kitui with the first brain surgery.

Counties have further gone a step further to empower their constituents through job creation in various sectors. Through the Kitui County Textile Centre, 600 people managed to secure a decent means of livelihood, negating the popular notion that counties are “hubs of corruption”. Besides a few who have mismanaged county funds, devolution has proved to be a catalyst to development for most Kenyans necessitating the discussion on an increase in allocations of funds.

Considering that the national government is heavily invested in achieving the Big 4 Agenda before the 2022 deadline, it is in their best interests to involve the counties whose functions are at the very core of the agenda. To trivialize the Sh 326 billion that counties are demanding is ill advised considering that the national government which takes up about 85% of the national budget isn’t held to the same standard as counties when the question of accountability arises.

“It is impossible until it’s done”. This quote by the late Nelson Mandela contextualizes devolution in Kenya. Those who were against it can only rally their support behind counties to allow them to reach their full potential. As for the counties, it’s up to them to efficiently use the resources available and constantly involve their populace in making their vision a reality. That way even the idea of raising their own revenues for sustenance as suggested by Majority Leader Aden Duale won’t be farfetched.