Interrogate usage of public funds

In the spirit of public participation as guaranteed in Article 10 of the Constitution of Kenya, the National Assembly and other critical arms of Government often call on citizens to submit memoranda on proposed policy, constitutional and other legal amends.

Barely two weeks ago, a call was placed on proposed constitutional amendments, key among them to establish the National Government Constituency Development fund, National Government Affirmative action fund and the parliamentary oversight fund.

These proposals wish to further drain cash from the consolidated fund under Article 206 and from the Contingency fund under Article 208 of the Constitution of Kenya.

The introduction of the Constituency Development Fund in 2003 was a relief to many Kenyans especially those residing in rural areas; a chance for them to chart their course of development through decentralisation of resources and decision making through their elected Members of Parliament. Where the funds were prudently used, schools got facelifts and children had access to better learning environments through provision of learning materials, residents received better healthcare through improvement and constriction of health facilities and farmers were able to access markets easily.

However, the corruption monster found a home in some constituencies and monies started falling from the cracks, hampering and stagnating development for the common man.

Seven years into the CDF fund, Kenyans voted in a new Constitution, a key highlight of the milestone being the establishment of devolved governments.

Save for key national installations such as security, autonomy and power of expenditure and decision-making was given to the public in order for them to exercise rights and freedoms guaranteed in the Constitution.

Thus, finally the common man had even greater power to interact with their taxes and supervise their use closer home. Over time, it is presumed, the National Assembly should have released management of funds to counties and shift focus to its key role of oversight and accountability through legislation of relevant laws and oversight into their implementation.

As opposed to management of funds, they would activate powers granted to them under Article 95 (a) to determine allocation by allowing counties to access better funding for furthering constituency and other development agenda.

Thus, the Act of Parliament that established the Constituency Development Fund should have been fizzled over time to allow devolution to take root.

To seek the entrenchment of the National Constituency Development Fund in the Constitution is therefore backtracking on the gains on autonomy and resource management envisaged for the people of Kenya.

This duplication of roles in funds management, especially, can be a catalyst to further corruption, sinking poverty levels deeper.

So is the proposal to establish the National Government Affirmative Action Fund in the Constitution.

To drain the country’s contingency funds over functions that can be delegated to county governments with the National Assembly playing oversight is a path likely to lead to more destruction than good.

Debate still remains rife; of this fund being among those targeted by women representatives who are also demanding funds to allow them implement ‘their development agenda’. That the same fund duplicates activities such as bursary distribution, which is also undertaken by the different constituency development funds, leaves a lot to be desired.

As a country that is ever grappling with an exploding annual budget that exposes the taxpayer to a higher cost of living, legislators should prioritise their functions of oversight, legislation and representation and strengthen mechanisms of monitoring development and other projects in their constituencies.