Opinion divided as high-profile harambees thrive despite ban

Kenya; Even though public officials are prohibited by law to preside or engage in harambees, senior Jubilee leaders have disregarded this law, drawing condemnation from various quarters.

The Opposition has picked on this blatant  infringement of the Leadership and Integrity Act, 2012 with Coalition for Reforms and Democracy (CORD) leader Raila Odinga accusing the ruling coalition of using harambees for political patronage.

Raila has asked the public to reject the government’s attempt to push its agenda by offering “goodies” through harambees, and says the State has a legal obligation to fund development projects.

However, Deputy President William Ruto   dismisses these claims, and insists that the Government’s development efforts have to be supported through selfless giving. “Giving through harambees is a personal decision. Some of us are happy when giving to churches and other needy situations, and we cannot be stopped from giving for a worthy cause,” said Mr Ruto.

The DP made spoke while presiding over a fund-raiser in Nakuru County to support youth and women. About Sh15 million was raised in a record 10 minutes  at Menengai High School, Nakuru County last Sunday with one of the local MPs donating Sh5 million which he carried in a polythene bag.

The Opposition now reads mischief  and former assistant minister Koigi Wamwere says the  involvement of public officials in harambees is a tool for political manipulation and patronage and that is why it was outlawed.

Cap. 182 – 18 (1) of the Leadership and Integrity Act 2012 says a State officer shall not solicit for contribution from the public for a public purpose unless the President has, by notice in the gazette, declared a national disaster and allowed a public collection for the purpose of the national disaster in accordance with the law.

Sub-section (2) of same Act further states that a State officer shall not participate in a public collection of funds in a way that reflects adversely on that State officer’s integrity, impartiality or interferes with the performance of the official duties.

 Koigi  says the timing of these harambees is suspicious, as it coincides with the clamour by the Opposition to hold a referendum to amend the Constitution — a position which has vehemently been opposed by the Jubilee government

“It is significant because it mirrors a shift that took place in Kenya as Kanu began to face criticism from pro-democracy and human rights activists,” says the former Nakuru North MP.

Koigi says initially harambees were  rooted in customs of mutual assistance and communal labour.

Huge sums

 

“The public was exhorted to help themselves first if they expected government assistance. Harambees did not have to involve huge sums of money carried in polythene bags. People would start a project by communal labour for instance, then the government would top up,” he explains.

But with time the Provincial Administration began to apply some a measure of coercion to force people to contribute, said Koigi. Harambees then began to be used as tool of measuring loyalty to the ruling party and government.

Former Cabinet Minister Franklin Bett  says failure to contribute was taken to mean refusal to recognise the government of the day.

“It was interpreted to mean you were sympathetic to the Opposition,” Bett adds: “It introduced the culture of handouts and the entry of corruption,” he said.

Bett says rather than rely on harambees to drive growth,  the Jubilee government should strengthen devolution. But as the debate rages, leaders allied to Jubilee have defended the involvement of public officials in harambees.

Bahati MP Kimani Ngunjiri sees nothing wrong with donating money for activities in the villages as long as such actions are not in contravention of the Leadership and Integrity and the Public Officers Ethics Act.

“As elected leaders we have a responsibility to support worthy causes. But we do so in accordance with the law,” Ngunjiri said.  However, legal authorities have not bought into this argument and the Ethic and Anti- Corruption Commission (EACC) waded into the debate with a warning to State officers and MPs, reminding them of the provisions of the law regarding harambees.

Worthy causes

In a letter to National Assembly Speaker Justin Muturi, EACC chairman Mumo Matemo wrote: “Whereas the commission appreciates the gesture directed towards supporting worthy causes, the activities by such members is in violation of the Leadership and Integrity and the Public Officers Ethics Acts,” read part of the letter dated October 1.

However, Ngunjiri maintains that leaders have not broken the law. He, however, concedes that in the past, harambees were  abused and ordinary Kenyans were transformed from prime actors to passive audiences and bystanders as politicians struggled to outshine each other with generous donations.

“It was common then for the Provincial Administration to stop a person whose loyalty to the government was in doubt from attending or contributing to a harambee,” recalled the former Nakuru Kanu branch chairman.