Why BBI should ensure its proposals meet public expectations

Deputy President William Ruto during a past fund-raising function. [Courtesy]

I do not know if the Building Bridges Initiative (BBI) has revised its final draft, but here are three issues that I would want to see in the document.

First, that the executive and legislature shall not participate in fundraising other than in personal matters of grave concern. That such grave matters should be certified by a resident magistrate.

The reason is simple. People working in the executive and legislative arms of government are paid by the taxpayer to do specific tasks. None of them has a job description providing that they shall “attend and fund-raisers”.

In some jurisdictions, particularly in advanced economies, the harambee practice is a very strange concept. To fund-raise for school fees presided by a government official is quite ironical. If the Government cannot raise the funds to pay school fees for its stars and starlets, where do officers get extra funds to donate in harambees?

Being a third world country, we take solace in our global economic categorisation to do things that have outlived their usefulness. The harambee spirit for fundraising should be left to merry-go-rounds, micro finance groups, funeral planning committees, illness and distress emergencies among other justifiable needs.

It is quite absurd for the Government to fund-raise for institutions. Instead, the Government should directly inject funds into institutions it wishes to support, create conditions under which institutions can either generate or save money for their development or simply restrain people from offering harambee donations to push political interests. The big brother syndrome and dependency behaviour have to stop. These harambees are in essence a reincarnation of intra-neocolonialism.

Important networks

Second, a big chunk of the national GDP should be distributed to the counties. Given the developments we have seen in the counties in the last few years, the BBI document will sound hollow if it does not factor in support for devolution.

Of course, the appetite for corruption was equally devolved in 2010. There are many new fat cats in the counties, thanks to cartels within county governments.

However, we would rather deal with embezzlers at the county level than lose billions to a small clique of scheming tycoons and elite clubs. The national government should concern itself with national matters and network globally rather than traverse counties duplicating well defined county roles.

Third, Chapter Six of the Constitution whose aim is to promote integrity shall be replaced by the words ‘Integrity is optional’. Since corruption is a thriving business for people with important networks, why squeeze the little person through the law when the fat cats go roaming in day light? This is structural violence against the poor.

Critical moment

The considered alternative is simple. Give wananchi powers to recall non-performing MCAs. Give MCAs more power to impeach the governors. Give governors and senators more power to impeach the President and his top three chaps.

As for the National Assembly, God knows what it can deliver. On paper, it makes sense to have a strong team of fellows making sound laws for us. But, experience is something else.

Fourth, the media shall have the right to independently tally the presidential election results and announce before the official results are released. The Constitution pronounces itself very well on public participation.

The Government and IEBC cannot hide under national security to create moments of uncertainty at a very critical moment of a nation’s rebirth.

That peace is sacred is not in doubt. However, it should not be used to blackmail us into accepting non-transparent outcomes. The practice in advanced democracies is that media computes and releases its own independent tallies. Why would a government that is fighting corruption find it difficult to allow its own citizens to provide a parallel tally?

As a reminder, the media is called the Fourth Estate after the legislature, executive and judiciary. Today, we also talk about the Fifth Estate, that is the inclusion of the internet (social media platforms) through which we know events as they unfold.

The media is spread across the country and is surely an interested party to an election because the media has a social responsibility to inform the public by supplying information as it evolves during elections.

BBI should not disappoint in drafting a people-empowering document.

 

Dr Mokua comments on social justice issues