Should we have a public debate on the relevance of EACC?

Posted by on 18th February 2016

Categories: Corruption

Ethics and Anti-Corruption Commission (EACC) was supposed to be the savior we turn to when all else fails. As the anti-graft body, it’s the institution that we hoped could bring sanity in all the three arms of government in matters corruption, especially after the underwhelming performance of the 11th Parliament and the judiciary’s reputation hanging in the balance with all the controversy surrounding the highest court in the land.

Since its conception under the previous Kenya Anti-Corruption Commission (KACC), the outfit has done little to inspire confidence. To begin with, the Goldenberg scandal saw the country lose about USD 600million (about 10% of the country’s annual GDP at the time). Kamlesh Pattni, the alleged master mind was cleared eventually and later acquired certificate of good conduct to run as a Member of Parliament.

A few years later, Kenya further lost an estimated USD 30million from the Anglo Leasing scandal and the alleged responsible officers stepped aside only to be reinstated. Some of the alleged key perpetrators walked free because of “lack of evidence”.

Recently, the country once again lost an estimated Kshs. 1.6 billion in the National Youth Service (NYS) saga which saw the resignation of Cabinet Secretary, Ministry of Planning and Devolution due to mounting public pressure.

However, the EACC having concluded their investigations cleared the CS, only to issue a statement a month later that they are opening fresh investigations after new details emerged in the form of a 27 page affidavit implicating the former CS. The important question is, wasn’t that what they should have done prior to clearing her? How did their investigations miss the author of this affidavit, yet she’s involved through and through by her own admission?

One therefore wonders whether this is the work of a bungled up cover up or the case is too complex for the anti-corruption body to investigate clearly and consistently. And if it’s the latter then EACC is admitting sheer incompetence and that the commissioners perhaps need help.

In the same breadth, whether the Eurobond money was squandered or utilized is not clear. The opposition has cried foul but has not provided tangible evidence. But again, it is the responsibility of EACC and other relevant institutions to investigate these claims with an aim of shedding light where there’s a misunderstanding and to bring the culprits to book.

The question therefore remains? Is there any use in whistle blowing anymore? Who is not living up to their constitutional mandate? Are mega corruption scandals all about keeping Kenyans busy talking until their personal needs (read: hunger) become too much that they forget about it and only revisit when another similar scandal is revealed? EACC’s failure to act decisively and objectively only serves the lords of impunity.

Impunity not only mocks justice, it impresses upon the masses to disregard the law. It breeds chaos and fertile ground for vigilantes to emerge and thrive. Cartels exist where the law has too many loopholes to be exploited and where justice can be bought and investigations compromised.

We put our trust in the commissioners that they will investigate with the country’s interest in mind and bring to book the culprits. Yet, despite the many times the country expected EACC to step up to the challenge, they only dashed our hopes. Hopes of a better Kenya, hopes of a just Kenya. When will EACC live up to its name?

Perhaps it’s time to discuss openly, truthfully and without malice the relevance of the EACC with regard to its mandate. Should we focus the debate on the constitutional loop holes around the structure of the anti-graft body that interferes with its independence and therefore execution?

And while we seek answers about EACC, the eleventh Parliament continues to underwhelm. That the people charged with the mandate to draft laws in this country seem unperturbed by this trend is cause for worry.

MPs ought to study and do research

Posted by on 15th February 2016

Categories: Uncategorized

Law and policy are closely intertwined, therefore the process of making each must be informed by the other. Legislation is an exclusive Parliamentary task, consequently legislators are expected to take time and observe the environment in its entirety before making a law. In this sense, legislative work is tedious and requires dedication.

For a long time now, research in government institutions including Parliament, has been an anathema. This has led to making laws and policies that are out of touch with reality or wholly incompetent legislation. This may explain  why Kenya has so many laws that are at times not effective.

There can be no research without reading and this points to the frustrations of Marakwet East MP, David Bowen. Last week, Hon. Bowen complained on the floor of the House that MPs are not reading Bills which makes it hard to debate them. This also adds to the time taken to deliberate on bills. Additionally, it reinforces the viewpoint that many Parliamentarians are just joy riders.

If Parliamentarians embraced a reading culture and the commitment to undertake research, Kenyans would be feeling the output of the House  on the ground. A Parliament that links legislation making process with the policy needs of a people would be more effective and people driven.

Most MPs may be lazy and even clueless of what is expected of them but there are some who are doing good Job. Take for Instance Irungu Kang’ata, he has always been sponsoring bills that are directly linked to the needs of his constituents. His first Bill, aimed at reforming the Higher Education Loans Board, though it was returned to Parliament by the President, its intentions were brilliant. The second one, in Hon. Kang’ata’s  name, is a Bill that is supposed to reform the coffee and tea sector.

Most of the times, people are attracted to Parliamentary positions due to the aura and power associated to it. Few, if any, are called to serve humanity. Serving humanity is about selflessness, sometimes you burn the midnight oil, occasionally have little time with family and on weekends you skip that meaningless public rally.

Simply, a Parliament that approves Budget proposals without noticing that Eurobond money is not “accounted for” sufficiently, isn’t worth its salt. It isn’t logical at all. A keen eye for detail, in matters parliamentary is important. Now this highlights another point. Whenever, the country suffers poor budgeting and planning, It’s not only the Executive that should be blamed, in fact Parliament should be apportioned the largest blame. In the budget making process Parliamentarians should always make sensible and relevant proposals that will directly help the people they represent.

Finally, it is a challenge for Parliamentarians to spend some more time reading and researching so as to improve their input in Parliamentary business. In the wisdom of David Oglivy, “Ignoring research is as dangerous as a general who ignores decodes of enemy’s signals”.  Does Parliament have what it takes to raise its game?

2016 May Shape or break 11th Parliament’s Legacy

Posted by on 5th February 2016

Categories: Uncategorized

The 11th Parliament may not be Kenya’s favorite House despite its inclusivity. Since its inception in 2013, the National Assembly has been defined by gaffes that range from physical fights to passing pathetic laws. The Senate on the other hand has spent most its time crying wolf and does not have much output to show.

As Parliament resumes business, the National Assembly has on its plate Constitutional laws that must be passed before the August deadline. Some of the pending bills are so monumental that the final legislation may change how Kenyans will perceive the 11th Parliament in the long term. The significant laws include those on Land and the implementation of the “gender rule”.

There are quite a number of laws on land, a subject that divides Kenyans more than any other. Parliament as a house of national dialogue is expected to constitute a legal structure that will answer Kenya’s land question that has persisted since independence, once and for all.

The other window of opportunity for the 11th to restore their honor, is in legislating a law on the implementation of “two thirds gender rule”. Beyond the various preferences by competing groups, the Constitution gave Kenyan women a promissory note of inclusivity. The spirit of Kenya’s Constitution is so uncompromising on matters of equity and equality such that the laws made to implement it must include women sufficiently. In light of this, Parliament has a choice to bury their head in the sand or face the issues head on.

Other bills of interest address the following matters; forests, energy management, petroleum exploration and production, seeds and plants varieties, protection of traditional knowledge and traditional cultural expression among others. Will Parliament continue enacting weak legislation or finally rise up to the task and publish rich laws?

In 2016, the notoriety of giving very short notices on public participation ought to end. If Parliament is really willing to include people in governance they must give sufficient time to Kenyans in order to participate in legislation. You will note that some of the legislations which invoke high public interest, Kenyans are given an abrupt notice to submit memoranda. How about Parliament making 2016 an year of adventure, and set up a multi-media approach in dispersing Parliamentary information. If Parliament was effective in communication then the public would flock there whenever there is a sitting on public participation.

In 2015, we heard enough of corruption and mischief stories on Parliament. MPs have the burden of re-earning Kenyans trust. In 2016, they have deadlines to meet and for those who want to be re- elected they have a constituency to gratify.

Finally, in the words of the Bible, Luke 12:48b, Parliamentarians better put at the back of their minds, “For unto whomsoever much is given, of him shall much be required; and to whom men have committed much, of him they will ask the more.”

Parties: Broken Engine of Progressive Politics

Posted by on 1st February 2016

Categories: Uncategorized

The centrality of political parties in the growth of progressive politics cannot be gainsaid. In democracies political parties are expected to set the standards of good leadership and progressive politics. In a nutshell, they are the drivers of politics and the quality of political parties determines the overall politics in a state. Articles 91 and 92 of the Constitution of Kenya 2010, set the threshold for political parties so high in order to prepare them for the respectable job of governing a country, in case they win a General election.

Regrettably, the political class have defied the letter and the spirit of the Constitution, and their wish is to maintain political parties in a ramshackle state. Currently, political parties are not used as institutions of merchandizing sound and concrete ideologies. Instead, they have been hijacked by self-interested individuals to massage the differences of a people as the shortest route to gain popularity and eventually power.

In the recent past, Kenya has witnessed political parties’ indiscipline at its peak.  Members of political parties have been forming political parties while still maintaining the membership of the party that sponsored them in various positions of leadership. This is unheard off and therefore a blatant violation of the law.

The political parties’ honchos and the Registrar of Political Parties (RPP), who are supposed to be prefects of the parties may be accused of tolerating and brooding runaway indiscipline. Errant political party members are hardly disciplined.

Party hopping was legitimized by the 10th Parliament when they amended the Elections Act in 2012. Their main line of argument was that, there is lack of internal democracy and members of political parties should be free to switch their allegiance at will. In hindsight, this claim is true.  For the longest time, most political parties in Kenya have been acting as a sole proprietorship where one person together with their cronies call the shots. In such an environment, fears that, when they don’t like you, they may lock you out are valid.

Fundamentally, political parties’ discipline lies with its members and leadership. It is ironical that most Kenyans over 18 years of age don’t participate in political parties and yet they are primarily meant for them. Enrolment in a political party puts one in a position to dictate what happens therein, and with it the power to shift our politics from personality-driven to ideology-centred politics. Party discipline is difficult to attain if the outfits are not institutionalized based on a specific philosophy.

The National Assembly’s legal affairs committee has expressed its intention to exonerate the rebels who have hopped from the parties that sponsored them to various elective positions by amending the Political Parties Act. If the proposed amendment goes through, it will be a big blow to “principled democracy” and an endorsement to self-interest politics. In the wake of “brown envelope” politics the amendment will only introduce more dishonesty.

In the end, real change depends on individual Kenyans. Political parties have been the most underutilized institutions of governance, why don’t we register as members and start influencing them?

“Addressing Historical Land Injustices in Kenya”- Interview with Senator Mutula Kilonzo Jnr.

Posted by on 22nd January 2016

Categories: Kenya Consititution People's Shujaaz Awards

Uhuru visits Lamu and issues title deeds to Waitiki’s land squatters. The Kenyatta family gives 2000 acres of land to squatters in Taita Taveta. The two prior statements are recent examples of attempts to address historical land injustices facing Kenya. Given that resolution of historical land injustices remains very emotive is there an attempt to put a framework in place to guide the process? Which institution has the final say on the matter? The National Land Commission was established under Article 67 of the Constitution among other things to seek redress for Historical land injustices. The Commission is supposed to shield the issue of Land from political interference and bring a lasting solution to the question of land in Kenya.

Mzalendo interviewed Sen. Mutula Kilonzo Jr. who has been vocal in Parliament about the resolution of historical injustices on the current state of things and the options available to Kenya ahead of the 2017 elections. Watch the Interview here.

What do you think should be done to address land injustices?

Unresolved Integrity Questions Will Haunt IEBC

Posted by on 19th January 2016

Categories: Uncategorized

Last week IEBC launched the “2017 elections operational timelines”. But what is more worrying is that the Electoral commission is preparing us for another seemingly competitive election with a limping integrity. Although, the “Chicken gate scandal”  has already secured convictions in the UK, in Kenya, cases linked to the scandal appear to have been swept under the carpet.

Meanwhile, the IEBC lays plans for the next election as if nothing happened.

The Chicken gate scandal involved Smith & Ouzman, a British firm that specializes in printing of security documents like ballot papers and exam certificates. The company allegedly paid bribes to Kenya’s Interim Independent Electoral Commission of Kenya (IIEC) and the Kenyan National Examination Council (KNEC) officials between 2006 and 2013.

Whereas some commissioners and the former CEO who were alleged partakers of the scandal have long gone, the same Chairperson who oversaw the 2010 referendum and 2013 elections is expected to steer 2017 election process. The IEBC Chair is also alleged to have been involved in Chicken gate. As Parliament resumes sittings in February 2016 the IEBC baggage has to be confronted.

Firstly, the IEBC Chair’s continued presence in the Commission with such integrity baggage is not good for a commission that oversees a hallowed democratic ritual like an election. In recent times, electoral disputes have caused some of the worst conflicts, and Kenya is not an exception. This therefore, calls for caution and great care in constituting electoral bodies. The persons running these bodies must be seen as people of high integrity.

Secondly, public perception makes or breaks their belief in democracy. Key to this, institutional integrity of the electoral commission. If this democratic process, which is usually epitomized by an election is bungled, it shutters the dreams of a people as captured in the Constitution of Kenya 2010 and makes a bloody revolution inevitable.

Thirdly, if Kenyans want people of integrity to take over Kenya in 2017 general election then the election must be overseen by people of Integrity. In democracies, elections are opportune time for the people to conduct a national leadership stock taking and replace some leaders while retaining some. It is not lost to us that IEBC shall be among the institutions that shall check the integrity of all candidates who shall present their candidature in the next election. Then are we ready to have a prefect with spots of corruption?

Fourthly, Kenyans have their doubts about the financial accountability of the IEBC and rightly so. At Ksh. 45 billion, IEBC seeks to make Kenya’s election the most expensive in the continent. Kenyans doubt the budget and the intentions of its formulators. The underlying question is, will it be used to buy some chickens for a few? IEBC may be genuine in asking for such a budget but they have already abused the trust.

What will it take for the IEBC to gain back Kenyan’s confidence and trust before the 2017 general election? Will Parliament ask the pertinent questions and seal loop-holes?

Early Campaigns, Not Good For The Country.

Posted by on 11th January 2016

Categories: Uncategorized

Twenty months away from the 2017 General elections, politicians have started evoking political temperatures and subjecting the country to unnecessary tension. Just last week a foreign journalist expressed her dislike of the current early campaigns by a tweet that read, “It’s literally full election mode here in Kenya and we have another year to go. Not sure I can take this”.

The frustrations by the journalist indicates the dangers that politicians are exposing our country to. One, early campaigns are putting Kenya in bad light, internationally, bearing in mind that our politics are “nasty and brutish”. Secondly, early campaigns may have consequences on our economy. Thirdly, they may also affect the already wanting quality of MPs’ work and other elected office holders. Fourthly and finally, early campaigns will only widen ethnic divisions among Kenyans.

Internationally, the increased political currents may scare away visitors and therefore harm the now recovering tourism sector. It is estimated that whenever there are political campaigns in Kenya the tourism sector suffers the biggest blow. Tourism is one of the major pillars of our economy and when business isn’t good our economy suffers. It shouldn’t be that whenever we have an election our economy should go down. Politicians should learn to conduct their business at the right time and in the right way without interfering with the normalcy of the country.

There is already an outcry that most MPs are underperforming apart from a few. Currently, the nation is protesting over laws that the Parliament passed without consulting the people. The Miscellaneous Amendment Act that altered the Judicial Service Commission Act were passed in Parliament without opposition from any member. This amendment is crucial and touches an institution that holds the key to peace in Kenya’s elections. Judiciary is the arbiter of last resort in a presidential election and therefore an institution that should be protected jealously.

Now this begs the question, how could this amendment have been passed by  349 MPs without them discussing the possible consequences of the amendment? We either have lazy MPs or they are already caught up in next elections campaigns. Claims that some of them are already being bought up worsens the situation. This a serious breach of service and a blatant betrayal to Wanjiku.

Apart from MPs, we have also seen Governors busy forming new parties ahead of 2017 elections. Kenyan politicians are power hungry and the only thing that they are innovatively thinking of is how they can retain it. Sadly, Wanjiku has only been left to be a hopeless spectator.

Sporadic ethnic conflicts are already being reported. As we speak people are fighting between the border of Kisumu and Nandi County. A few weeks ago it was between Nakuru and Narok County. This is not new in Kenya. Whenever the election mood has been set, there are politicians who are always ready to reap from conflicts.

The current political bickering and premature campaigns are of no importance to Kenyans. Politicians should tone down and commit to the task at hand. For Parliamentarians, there are still pieces of legislation that are pending. On the other hand, Governors performance isn’t convincing yet and the Presidency, must slay the dragon of corruption and deliver on a myriad of promises still pending.

 

President’s quest for more powers is Suspicious

Posted by on 6th January 2016

Categories: Citizen Engagement

The Miscellaneous Amendment Act that alters section 30 of The Judicial Service Commission Act is suspicious. These changes by the Executive comes at a time when Kenya is gearing up for 2017 general elections. The amendment gives the president a larger latitude in determining the holders of the position of Chief Justice and Deputy Chief Justice. This sudden quest for more powers by the Presidency raises a number of questions.

One, the Chief Justice shall be retiring soon, while his deputy is still contesting her retirement in court. Therefore, the process of appointing a new Chief Justice shall be in motion shortly. Does the presidency want to impose on Kenyans a Chief Justice of their own choice?

Secondly, the President shall be the incumbent in the next election. Does he want to extend his tentacles in all institutions of government to secure the Presidency by hook or by crook? We all know that the Chief Justice has a big role in determining the President.

Thirdly, the Constitution of Kenya created the Judiciary Service Commission to shield our justice system from selfish political interference. Does President Kenyatta want to take us back to where we came from?

Those justifying this amendment have argued that, in the past, the President was only used by the Judiciary Service Commission as a conveyer belt to the Parliament in appointing the top judges. And therefore, the amendment wants to remedy this, and give the President a say in the process. But is it true that the President doesn’t have powers? The composition of the JSC itself negates this argument. JSC has two members who are directly appointed by the President.

In the course of last year, the President appointed Ms Winnie Guchu and Mr. Kipngetich arap Korir to the JSC. These two members who are supposed to represent the public in the Commission through a Presidential appointment, may also be used by the president to table his concerns in vetting candidates to be appointed as judges. Therefore, the argument of the President being a mere “conveyer belt” in the process of appointing top judges does not hold water.

History teaches us that the Judiciary is a delicate institution that ought to be shielded from permeation of sectarian political interest. The violence that erupted in Kenya in 2007/8 had a lot to do with the weak justice system in Kenya. Mr. Odinga who alleged that he had been rigged out by the incumbent, former President Mwai Kibaki, refused to go to court claiming that the courts could not be trusted to deliver justice. What followed is what will forever remain as a blackspot in the history of our country.

In 2017, Kenya will be at the same position it was in 2007. An incumbent competing against a fierce opposition leader. The legal infrastructure that the country put in place after the violence is meant to be beyond reproach to independently arbitrate even the most boisterous of all political antagonism. It is in light of this that Kenyans must oppose the amendment of Judicial Service Commission Act.

What do you think?

Loopholes in the New National Government Constituencies Development Fund

Posted by on 28th December 2015

Categories: Uncategorized

The president recently signed into law the Bill that regularizes the Constituency Development Fund (CDF). The new CDF act known as National Government Constituencies Development Fund sponsored by Eldama Ravine’s MP Moses Lessonet was unanimously passed by members of the National Assembly. This means that the constituencies will continue to receive CDF funds. The new law makes the funds a mandate of the MPs with monies being used to supplement national government development projects in the counties. The fund will not be used to fund devolved functions.

The Bill has been remodeled in such a way that it allows for citizens participation in how the funds are used. The local MP has the mandate to form a 5 member voluntary committee who will attend fund meetings to ensure equitable distribution of the monies. MPs will not be part of the committees but will have one member from their office representing them. The MP will further allow members of the public to share their views by forming citizen based project oversight committees bi-annually. The final fund committees in all constituencies will need to be approved by the National Assembly meaning MPs influence their membership. The fund has previously been marred by corruption and embezzlement allegations leading to calls for greater accountability and non-interference.

Earlier in the year civil society had called on the High Court to declare CDF unconstitutional as it offends the division of power and the Public Finance in the allocation of public funds. The previous Act was outdated as it did not align itself with the new constitution. There have been further calls for the funds to be implemented at a sub-county level as opposed to the constituency level in the spirit of respecting the division of powers. There needs to be clear division between the functions of the National government and that of MPs. MPs main function remains as legislation, representation and oversight; not the implementation of national government projects at the Constituency level.

The Senate spoke out against lack of inclusion in the new CDF Bill vowing to challenge its implementation in court. The High Court had previously issued a ruling calling for The Senate to be included in the revisions of the Bill but the National Assembly and the President in signing the Bill failed to honour this. If the fund is to be initiated at a constituency level, then members of the Senate ought to be involved as they are the overseers of devolution and constituency functions impact the county as well. It will be a matter of great interest to see whether the Senate will make good its word in suing over the lack of inclusion in the making of the Bill.

How would you like the CDF to be managed at the local level? Please send us your thoughts.

Lessons from the People’s Shujaaz Awards

Posted by on 22nd December 2015

Categories: Uncategorized

The just concluded People’s Shujaaz Awards offered Kenyans a fresh lens through which to look at Parliamentarians. Despite the despondency that Kenyans show when a thought on Parliament crosses their mind, People’s Shujaaz brought a ray hope.

These are the few lessons we learnt from the campaign:

Lesson one, there is demand for Parliament to change how it operates. The Legislature has to change the way it communicates to the people. Parliament needs to re-engineer its image. For a long time now Parliament’s website has not been up to standard. There is need for Parliament to modify itself and embrace new technology to communicate efficiently and effectively. To date Parliament lacks social media outlets for real time updates.

Lesson two, is that there is a group of Kenyans who have a permanent negative attitude towards Parliamentarians. They perceive them as a lot that is irredeemably greedy and nothing good can come out of them. This group of Kenyans remained skeptical and saw the Awards as just another dubious attempt to try and sanitize Parliament. This shows Parliament’s herculean task to try and redeem its image and endear themselves to Kenyans.

If this negative attitude prevails, there is a risk of blurring the good work that some Parliamentarians have done. It is true that there is a clique of self-centered MPs but not all of them.

Lesson three, from personal interactions with a number of MPs, we found that it is difficult for an individual MP to have their bill, motion or legislation reach the floor of the House for discussion. For this reason, there are so many bills that are pending with the legislation office in Parliament because they haven’t found favor. Sometimes the whole process is political and if one is against the establishment their bill may not see the light of the day. Bills, motions or petitions that propose progressive ideas may be hijacked and turned into a policy paper by the Executive so as to draw away credit from the proposer of the Bill.

Lesson four, Parliamentarians are anxious to receive positive coverage but the media is obsessed with negativity. There is a good number of Parliamentarians who burn for this country. Those who have proposed brilliant ideas but no one is there to tell their story. These type of leaders need to be celebrated, someone needs to give Kenyans hope by showcasing the good things that happen in Parliament amidst the negativity.

Lesson five, Kenyans appreciate good work. In the few three weeks that the online and SMS voting was live, Kenyans voted in large numbers. Due to the gap in telling good stories, in most cases most of them were surprised that good MPs still exist, and appreciated the good issues they advocated for. In the end, even if mainstream media may not report everything. Parliament’s communication office needs to find a way of telling Parliament’s stories to citizens.

Has your MP protected your interests this year? Please write and tell us about it.