Kibaki case shows that a new Constitution doesn't cure ills

The Presidential Secondary Schools Bursary (PSSB) scheme that came into operation in 2013 has not lived up to its billing. Together with bursaries procured through the Constituency Development Fund (CDF), the idea behind these grants was to give students from humble backgrounds a fair chance at getting an education that would change their circumstances.

But despite the noble intent, it is apparent that, as with all such good things undertaken by the government, lack of strong institutions and moral aptitude on the part of those charged with ensuring success, the bursaries have failed to reach the target groups.

A study by the Centre for Economic and Social Rights in 2009 exposed serious inconsistencies and limitations in governance in the awarding of bursaries, especially within CDFs.

Years later, discrimination and outright corruption have conspired to deny students from poor backgrounds a chance to enhance their education. A case before the National Assembly’s Public Accounts Committee (PAC), and which involves former President Mwai Kibaki, highlights the extent of discrimination and corruption around the award of bursaries.

While appearing before the parliamentary committee early this week, former Head of Public Service Francis Muthaura informed the MPs that as president in 2011, Mr Kibaki directed him to write to the Permanent Secretary in the Ministry of Higher Education instructing him to grant Ian Nderitu Githinji and Sandra Njeri Githinji bursaries to study at the Royal Melbourne Institute of Technology (RMIT) in Australia at the taxpayers’ expense. The two are children of Philip Githinji, Mr Kibaki’s nephew.

Available records reveal the Ministry of Education spent Sh8.6 million (AU$119,560) to cater for tuition, accommodation and upkeep for the two in their first year of study and after catering for Sandra’s undergraduate studies plus Ian’s post-graduate, the bill is estimated to have risen to Sh25 million.

Spending such an amount of money on two individuals when the average Kenyan student gets a bursary of only Sh8,000 is utterly unfair. That Mr Kibaki chose to irregularly give express instructions that public funds be spent on a relative exemplifies a broken system that needs fixing.

Clearly, that is tantamount to abuse of office. Yet it is not just Mr Kibaki alone who fell into that temptation. Many other leaders and people in positions of influence in the public service frequently bend the rules to get favours for their families and friends.

In spite of the new Constitution complete with a whole chapter on leadership and integrity, nothing stopped Mr Kibaki from dishing a favour to a relative. The underlying lesson here is that without attitudinal change, the system, even within the framework of a new Constitution, could be manipulated and abused.

Today, gaps have been identified in the Constitution that we all hailed as the most progressive on earth. The clamour to have some of the weaknesses that have been identified strengthened is on the rise, but there could be other motivations besides doing what is noble and obviously wise.

Indeed, from the confusion regarding what needs to be done, and the manner in which it should be done, those calling for a referendum ignore that even with the best of intentions, unless there is a change of attitude, we will keep experiencing the same age-old problems our forefathers fought against before independence in 1963.

Nothing proves that more than the utter disdain in which the political elite treat the Constitution. Sadly, by trashing court orders that bind us all, the Executive has been in the vanguard leading the rebellion against values enshrined in the Constitution.

Of its own, therefore, a new Constitution will not address the underlying challenges which are largely to do with corruption and bad governance.

Before calling for an overhaul of the current Constitution, leaders should start by carrying out self-audits to ascertain whether they meet public expectation and have conducted themselves in a manner consistent with the constitutional provision on leadership and integrity.