Honestly even if the women representatives position is scrapped off, what difference will it make? By Kaudo Philip

With the promulgation of the Constitution of Kenya 2010, Kenyans foresaw a new nation. We did hope that it was just a matter of time for Kenya to progress from a developing to a developed nation. A new Kenya was indeed dawning. Assumingly, the constitution seemed comprehensive and one that would solve the pertinent problems that Kenya has faced since independence; injustices and impunity. As optimistic Kenyans did put it, “we have adopted an American constitution; soon we will be like the Americans”. Devolution became one of the principal motivators for the majority vote for the constitution. It would promote local participation, empowerment of the locals, improve transparency and accountability, promote equitable development through resource allocation and bring services closer to the people. Seven and so years after and this has prompted the political class that did fight tirelessly for the New Constitution to opt for another referendum factually to again find an avenue to satisfy their self, endless and broad interests.

The new Constitution has debatably brought more bad than good to Kenyans. Is it because the political class lack the personality to drive the development agenda as contained in the comprehensive constitution? Or is it that the constitution was theoretically rigid and practically hollow? Why then does corruption still thrive, ethnicism commonplace, tribalism is still our culture and generally impunity and injustice are still part and parcel of the people of Kenya?

Despite the constitution stipulating the need for a devolved system, the satisfaction of the people’s right to development still remains questionable. In the words of Amatyr Sen, “development is multidimensional and concerns human progress that is improved education, protection of people’s right, security, health amongst others.” The Pumwani hospital saga, the frequent medical strikes and other industrial actions are just but a few of the justifications of the malfunctionality of the health sector which legally became a devolved unit. Health sectors continue to remain understaffed, medical equipment remains insufficient and poor service delivery the trend. Honestly, the issue needs to be revisited but how? The legal framework that guides the medical sector remains inefficient as evidenced in the frequent medical saga as noted in the auditor general’s report 2017/2018 financial year that did expose massive corruption within the ministry. In deed our bureaucrats do not care to care.

The constitution did create more political positions. This has hampered national development. With just a population of 50M, the Kenyan elective or political employees constitute around a fourth of the national population. Ironically, India which boasts of a population of over 1.3 billion just like Kenya constitutes a bicameral legislature. On a comparative basis, the rajha Sabha and the lok sabha constitute 245 and 545 members respectively. This translates to a ratio of 1 politician to over 50 million Indians. A similar trend is equally exhibited in USA.In Kenya, on the contrary, one politician represent tens of thousands. Real development does not actually come through over representation. Development comes through the existence of few, accountable, like minded individuals who have subordinated their self-interests for public gain. The existence of the many political seats has caused overlapping of functions and a debt burden with the nation indebted by over half of our national budget. This is actually an existential threat to our economy.

The devolved system did devolve corruption. “This is the time for us to eat and that’s the reason for devolution, if you don’t grab now, then when?” These are some of the silent sentiments the political class do say. Actually, since the implementation of the new constitution corruption has intensified and the war against it has been that of a toothless dog. The auditor general reports on several counties and state departments amongst them Homabay, Kisumu, Nakuru, Machakos, Nairobi have been able to expose the diversion of public resources for self-satisfaction. Evidently, as a result of corrupt deals, they drive posh cars, live in palaces, and eat in expensive hotels as their electorate continue to languish in abject poverty.

As a solution, Kenya has to rethink its constitution. Despite the argument of over representation the nation’s greatest threat to national development remains failure of institutions to fully implement the doctrines of chapter six, Leadership and Integrity. The chapter clearly stipulates the expected code of conduct of each state officer, restrictions on activities of state officers amongst other tenets. The executive has on several occasions acted in full contravention to this pivotal tenet. At times, the bureaucrats has appointed and nominated individuals who do not satisfy the constitution to hold public offices. Ironically, the legislature has approved these individuals. This has perpetrated corruption and abuse of office. Appointments based on political patronage, nepotism and tribalism should be made a thing of the past. Honestly even if the women representatives position is scrapped off, the counties reduced and the ward representatives equally reduced as many opine while corruption still persists, our country will continue to remain in the same state of nature it is in now. The debts we owe to developed worlds and financial institutions are not significantly caused by the wage bill but rather corrupt deals by our elected leaders.

Offices countering corruption should be strengthened. This should encompass increased financial assistance to enhance their investigative capacity. As contained in the Chinese constitution, the anti-corruption legal provisions should be amended to make them more strict including but not limited to even death sentence.

Electorates should reject in totality leaders who instead of pursuing common interests pursue self-interests. A good politician is one that respects the will of the people and considers the interests of his people paramount and others secondary. Politicians exist to facilitate the smooth distribution of the limited resources.

Even though Kenya needs a constitutional review, Kenyans have to be very careful with its provision otherwise we may be again deceived by a half-baked constitution. First and foremost, Kenyans must be inquisitive to find out whose interest is in the constitution. Is it for the people of Kenya or again for the political class? Is there need to create the post of prime minister and his deputies as well yet the constitution focuses on reducing the wage bill. The fact that a parliamentary system works smoothly in Britain does not necessarily mean that it shall be a success in Kenya owing to the differences in the ecological environment. Devolution for example is a success in USA and totally a failure in Kenya. Kenya needs a constitution that reflects the needs of her population and not a copy and paste strategy from developed nations. We have to get concerned about why we have been fed up with the constitution just less than 10 years after its implementation and why the same drafters and politicians who convinced Kenyans on how the constitution was best are now oppossers of their own ideas. What seemed to have changed?

The writer, KAUDO PHILIP, is a former student of Miyuga, Lifeshine Sondu and Oriwo Boys High School and currently a fourth year at Maseno University Pursuing Political science.
Written by Kaudo Philip
Political Science student at Maseno University
E: philipmisori@gmail.com

How easy is it for a twenty five year old Kenyan to kill himself than to live in this country? By Wanjiru Nguhi

Before I say anything here, my sincerest and deepest condolences go out to everyone who lost a family member, friend or colleague to the terror attack at the 14 Riverside Drive on the 15th day of January 2019. And for those that were injured and still recovering from the trauma I am deeply, deeply sorry.

I will say a few things that struck me about the attack. We have learnt that nothing just happens in this country. It is either a case of sheer negligence or a larger evil scheme at work. One of the most iconic duos in this country is negligence and interests. We see that every single day.
It was reported by the Nation that the suicide bomber involved in the attack was 25 years old. The bigger question is, was his involvement solely based on religion, as we are pushed to believe when it comes to recruiting youth in extremist groups? One day when we are ready, we need to talk about how easy it is for a twenty five year old Kenyan to blow themselves up than it is for the same twenty five year old to make it in this country. When I talk about making it, I am talking about being able to afford necessities like food, housing, health, education, clothes, and transport, a decent way of living. With the growing population of youth in our country, these questions are concerning.

At the beginning of the month of December 2018, I had the honour of attending the first ever Youth Workshop on Governance, Corruption and Integrity at the United Nations Office at Nairobi. Various government officials attended and even addressed the delegates representing young people from the 47 Counties.

What I noted with great concern is the government’s representatives condescending attitudes towards young people. We were in a conference addressing corruption but government officials somehow managed to point fingers at the youth in attendance by asking “as young people, what are you doing? Don’t just complain about what the government is doing or not doing, do something for you as well.” I rolled my eyes to the back of my head every time a government official stood up to ask young people what it is they had done for themselves, a clear deflect tactic to avoid responsibility.

I don’t think there is a generation of young people that has been gas lit and guilt tripped as the current crop of young people today. We can begin with the fight for our public institutions specifically Health and Education. It is very easy for young people to sink into a dark place where we question our relevance, believe we are useless, doubt our own existence but even in that grim and gloom, there are some things we are doing right. They might seem irrelevant but it is important to note that we are doing something.

ONE: Keeping your government accountable and calling out institutions that undermine the humanity of the Kenyan people. During 14 Riverside terror attacks, the Kenyans on Twitter called out the New York times for posting pictures of dead bodies on their website, something that is never done whenever there is a terror attack in London, Paris, Las Vegas. Jim Chuchu said it very well on his twitter handle @jimchuchu “….We refused to be contextualized and framed by a biased, insensitive, blame-shifting, post delete.” he ended the tread by calling on Kenyans to “Refuse Indignity”. To everyone who tweeted, retweeted, emailed the New York Times to take down the photos and apologize to the Kenyan families, reported the insensitive handles, signed the petition, refused to spread terror jokes, refused to participate in Islamophobia, donated blood….what you are continuously doing is owning the narrative of what it means to be Kenyan, defining for yourselves what the Kenyan spirit is about, and that is revolutionary. Own it and keep at it!! When anyone from the government tries to gaslight you into silence, ask them about #LipaKamaTender #UnemploymentDisasterKe #StopExtraJudicialKillings #WhiteConservationLie #StopTheseThieves #NewCurriculumKe

TWO: In the 2017 general elections that were held in August young people turned out to vote. A very important democratic process. According to Quartz Africa, Out of the 19.6 million registered voters, 51% of these voters were young people. You and I. So when the government condescendingly asks you “What have you done”, you will look them in the face and tell them “I voted for you, what have you done with that vote?

THREE: Every Kenyan is a taxpayer. That means you pay government salaries, you keep the government running, you pay for trips overseas, you are now paying loans. When a population is overtaxed, underserviced and overburdened, it makes the environment difficult for people to build optimistically.

FOUR: We ran for office, we worked for candidates we believed in, many of us and our candidates didn’t win, we learnt our lessons. We will continue to vie and we are members of political parties that we believe in.

The list cannot be exhausted in a single article. Young people are surviving poor policies and looting leadership every day. Yet we wake up every day to fight, and we have scars to show for that. We are not lazy, we are not thieves, we are not entitled. We are not people that will be gas lit; we are people who will hold the government accountable, we are people who will hold each other to a higher and more human standard. We are the ones we’ve been waiting for.

Written by Wanjiru Nguhi
Co-Founder of Mwafrika Mwenzangu | Lawyer | Political Strategist | Writer | Feminist