CRITICAL REFLECTIONS ON THE TASK-FORCE REPORT OF THE BUILDING BRIDGES INITIATIVE, PROPOSING A RAFT OF CONSTITUTIONAL AND INSTITUTIONAL REFORMS FOR GOOD GOVERNANCE IN KENYA

27 Nov

By Javas Bigambo

Cocky demagoguery is eternally anathema to liberal democratic progress. Following the post-election handshake between Kenya’s President Uhuru Kenyatta and his erstwhile political nemesis Raila Odinga, the truce midwifed the Building Bridges Initiative, driven by a task-force, mandated to collect and collate public view founded on a nine-point agenda.

President Kenyatta receiving the Building Bridges Initiative report from task-force chairman Senator Yussuf Hajji at State House, Nairobi.

The political class has invited Kenyans for ‘free lunch’, through a very cockeyed idea wrapped in foil paper called Building Bridges Initiative (BBI) report, which advances bourgeois liberalism. Nothing really surprising by giving carrots to the rabbits.

The contraposing of the political class interests to national progress through witty propositions that sooth the proletariat by seeming to favour their interests is bewildering and epitomizes strategic self-seeking in a tottering democracy.

A proper functional democracy has the people at its center, not the politicians. It is the people who should drive reforms, and benefit from the same.

Prior to the embrace of the Constitution of Kenya 2010, the hue and cry in the choir of lamentations was that 20% of the document was not impressive, and would need revisiting in the quest of perfecting Kenya’s young democracy.

Nine years since the promulgation of Kenya’s Constitution which has billed as nearly the most progressive and liberal the world over, Kenya has continued to suffer the displeasures of age-old misfortunes, not for lack of legal and policy frameworks, but for merely incessantly dismantling national character contained in the political and social fabric.

The political sociology of the Kenyans is that every social and political problem can be fixed through legislation. Kenyans are tired of corruption – widespread blossoming graft. Kenyans are tired of politicians in the executive and legislature who are crooked and averse to being held to account.

Kenyans are eternally tired of institutions, whether constitutional or statutory, that are dysfunctional, and manipulated by the political class. Kenyans are tired of hollow values and tasteless public service work ethic.

Kenyans are totally tired of various Members of County Assemblies who willfully behave like unruly rascals that make no sense of the worth of public office and the attendant decorum desired of them.

Kenyans are tired of electoral injustices and politicians who think that they are God’s gift to democracy and must be in political offices and public spaces even when they have been rejected through choices made by way of suffrage.

Kenyans are uncompromisingly tired of political parties that purvey hooliganism and entrench electoral injustices witnessed during political party nominations, and party leaders who hand party nomination certificates to the highest bidders.

Kenyans are tired of the ghosts of historical injustices that the ruling class has stubbornly refused to address, regardless of colossal amounts of money having been used to make inquiry and come up with reports such as the Ndung’u Commission Land Report; the Kriegler Commission Report; the TJRC Report and such like.

Kenyans are tired of the whimsical yet worthless casuistry of politicians who say what they never believe in, engage in self-seeking political preservation maneuvers that further the interests of cartels and agents of mass economic stagnation.

Going by such dissatisfactions, it would have been prudent to have the BBI report make recommendations that touch on and open up the lives of ordinary citizens in a bold and spectacular way. Such would have included;

1. Proper and clear separation of powers in the arms of government.

2. Have cabinet secretaries as non politicians, and have them appear to parliament once every quarter and whenever an issue of public interest may arise to any ministry, at the behest of parliament.

3. Clear recommendations on the consequences to any person or institution, including government and even the executive in instances of contempt of court (disregard of court decisions).

4. The Attorney General; DPP; DCI and the EACC to be audited annually on successful prosecution of criminal cases, and performance contracts for holders of these offices to be pegged on successful prosecution of cases.

5. Guard against willful constriction of budgetary allocations to key institutions including the judiciary and constitutional commissions.

6. Punitive consequences for police officers who engage in extrajudicial executions.

7. Punitive consequences for police and investigation officers who bungle criminal and corruption cases.

8. Ensuring that every constitutional commission should do its work to the absolute satisfaction of Kenyans.

9. De-registration of political parties that engage in electoral violence directly through the incitement of political leaders or lawlessness of party supporters.

10. Make implementation of party manifestos mandatory to a political party that wins election at national and county level, and an audit of implementation of party manifestos to be done the office of the auditor general eight months before the general election. This is to guard against taking the electorate for a ride.

11. Grant a period of one month to adjudicate presidential petition after the first election and 14 days in case of a repeat presidential election.

12. Electronic voting system and the chair of IEBC and all commissioners to bear all responsibility of any institutional malpractices, and bear personal responsibility at a personal level with regard to costs of law suits upon indictment and sentencing by a competent court of law.

13. Any public servant culpable or charged with corruption to be barred from seeking political office for a period of ten years on account of Chapter Six of the Constitution on leadership and integrity.

14. Make it mandatory that every person holding public and elective office must necessarily have irrefutable and ascertainable University education. Education must not only be considered as a right, it should be highly regarded and be given its pride of place at all levels of public office and service.

15. Fully implement/ enforce justice Mumbi Ngugi’s ruling in the Criminal Revision No. 25 of 2019 in Moses K. Lenolkula vs DPP (following R vs. Moses Lenolkulal and 13 others), forbidding governors and any elected official or public servant from accessing their offices or executing their mandate pending the determination of charges facing them before courts of law.

16. Guard against high spending in elections by make clear recommendations on campaign financing and filing returns in individual and party campaign expenditure, which is to be verified through independent audit by the office of the auditor general.

17. Criminalize gender gender violence during elections and bar perpetrators from seeking elections in the said election if found guilty.

18. Every public office to have 50% gender balance.

19. All county government and national government offices including parastatals to have and fully enforce 50% gender balance.

20. County governments to fully implement the County Integrated Development Plans, and each county/ governor to be audited on implementation of the CIDP for 90% execution eight months before the general election. Lack of 80% implementation to lead to exclusion from the successive one election.

21. National government to be compelled to implement every taskforce report and every report from commissions of inquiry, to avoid wastage of public funds.

22. All contractors to finish allocated/ awarded projects within the stipulated time, and any delays to incur 15% penalty of the project cost.

23. Every SME and start-up to pay 10% tax and 15% corporate tax after 5 years of operation.

24. Banks to exercise 6 months’ leniency/ grace period before auctioning property of persons below the age of 35 in cases of non-performing loans.

Such would have been earth shuttering recommendations with direct implication not just on democracy but in the ordinary lives of Kenyans. Put rather plainly, there is nothing really cryptic about redesigning seats in a tumbling ship such as has been recommended at present by the BBI taskforce.

As the BBI report is released for public discourse, these proposals remain sound. The ruling class must come alive that the games of musical chairs must come to an end. There is no more music. If the flames of hope must be stoked, the crucible of truth and true public interest must be lifted.

Javas Bigambo and KTN’s Aby Agina after in-depth live discussions on the implications and significance of the BBI report after it was presented to the President and Hon. Raila Odinga.

A critical look at the BBI task-force team, I am beside myself wondering why politicians had to constitute that team. After public national dialogue, if a review has to be done, let no sitting politician make the team.

The BBI Task-Force team joining President Kenyatta and Former Prime Minister Raila Odinga at State House Nairobi after presenting the BBI report.

The writer is a governance consultant with Interthoughts Consulting.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s