This year's Finance Bill should not lead to loss of lives

A demonstrator holds a Kenyan flag as he kneels in front of a group of Kenyan anti riot police officers during a protest in Nairobi on July 2, 2024. [AFP]

This year's Finance Bill risks becoming yet another flashpoint in the increasingly fractious relationship between the government and sections of the public.

For many, opposing the Bill has become a symbolic rejection of perceived bad governance. But this conflation is both dangerous and misguided.

According to Oxford Languages, a Finance bill is "a legislative bill proposing changes to taxes, duties, etc." More broadly, it refers to legislative proposals introduced annually that outline adjustments to tax and revenue-related laws.

In Kenya, the Finance Bill is presented alongside the national budget estimates. Together, they form the fiscal blueprint outlining how the government intends to raise and spend public funds.

It is important to understand that taxation is the cornerstone of government revenue. Taxes fund essential public services including health, education and infrastructure. It is the civic responsibility of every Kenyan to pay taxes, save for exceptions clearly laid out in law.

The Finance Bill is crafted by the National Treasury and submitted to Parliament. As mandated by Article 118 of the Constitution, Parliament must facilitate public participation in the legislative process. The Finance Bill is no exception-it must be debated not only by legislators but also by the citizenry.

Some important questions arise: Must every proposal in the Finance Bill be universally popular? And should those opposing the Bill not also offer credible alternatives to plug the financial deficit that would result from rejection?

While engaging the public is vital, opposition to unpopular yet necessary measures should not be a rallying cry for lawlessness. Calls for storming protected spaces and violent demonstrations serve only to derail constructive debate. Last year's protests against the Finance Bill tragically descended into chaos and led to the loss of lives- a tragedy that must not be repeated.

A functioning state requires the ability to collect taxes. When this ability is undermined, the state teeters on failure. Reduced revenue compromises essential services and cripples the government's capacity to meet both domestic and international obligations. Kenya cannot afford such a collapse.

In parliamentary systems such as the Westminster model, the defeat of a Finance Bill is akin to a vote of no confidence in the government. Often, it triggers a resignation or snap elections. Without offering viable fiscal alternatives, is this what Kenyan opponents of the Bill are implicitly demanding?

Our Constitution provides multiple avenues for accountability. Public participation allows citizens to voice their concerns during the legislative process. Parliament has the authority to revise the Bill, and the public can vote out representatives who fail to reflect their aspirations. Additionally, the Constitution permits the recall of elected officials under specific conditions.

Spanish philosopher George Santayana said, "those who cannot remember the past are condemned to repeat it." The tragic events surrounding last year's Finance Bill debate are still fresh. They must remain an indelible lesson in just how fragile the peace we enjoy is. Lives were lost in what should have been a peaceful democratic process. Let us not allow history to repeat itself.

Debate must be robust, yes! Protest is a constitutional right. But neither should lead to loss of lives. Kenya's democracy, and its future, depends on our collective commitment to lawful engagement, informed debate and mutual respect.

Mr Khafafa is a public policy analyst