The Constitution of Kenya 2010 was greeted by majority of Kenyans as the be all-end all document expected to be the balm for all ills, real and imagined, historical injustices and the answer to grand impunity. It has also been hailed as a model for Africa’s fledgling democracies.
It is, however, proving a hard sell as one provision after the other comes under intense scrutiny, especially regarding the equitable distribution of resources. And in order to ensure everyone’s interest is catered for, the Constitution drafters created dozens of commissions, although some appear to have overlapping roles. Indeed, some commentators have termed them busy-bodies, top-heavy and a drain on the Exchequer.
In fact, lawyer Ahmednasir Abdullahi, himself a member of the Judicial Service Commission (JSC) has suggested that all commissioners’ jobs should be part-time to keep the wage bill down. JSC commissioners work on part-time basis when called to vet judges and other judicial officers.
However, others like Nzamba Kitonga and Otiende Amollo, who served in the Committee of Experts on Constitution review differ, saying not all commissioners should work part-time because of the scope and nature of their workload.
We are addressing this matter because the commissions have between them more than 150 commissioners taking top level salaries, allowances, cars, bodyguards, support staff and other benefits that cost the taxpayer billions of shillings.
Each side has a valid point and supporting argument considering there is the National Gender and Equality Commission, the Salaries and Remuneration Commission (SRC), Commission for Implementation of the Constitution, Truth, Justice and Reconciliation Commission, Ethics and Anti-Corruption Commission.
Others are Commission on Administrative Justice (Ombudsman), Commission on Revenue Allocation, National Cohesion and Integration Commission, Kenya Human Rights Commission, Independent Electoral and Boundaries Commission, National Land Commission and the Transition Authority.
The clamour for higher pay and perks by all County representatives has brought this matter to the fore. They point an accusing finger at the SRC as being discriminatory and out of touch with the realities of the steep cost of living.
But even as the Senate’s Finance, Commerce and Economic Affairs Committee meets on Monday to scrutinise the Division of Revenue Bill and the County Allocation of Revenue Bill that will determine allocations to each of the 47 counties, there is an Amendment seeking to slash budgets for constitutional commissions.
This is no lazy addition but a calculated move to squeeze the commissions into obscurity and irrelevance by starving them of funding. Of course, Senators will have no reason to decline this Bill as it grants more money to their counties.
We are, however, in no position to posit whether this is right or wrong, but can rightfully demand to know whether this opening of a new battlefront over the Constitution is necessary. What does Wanjiku gain from this, considering the commissioners are unlikely to take this lying down? Should we consider fresh review of the Constitution?
