For these reasons, BBI deserves our support

Former MP Paul Sang, Nakuru Governor Lee Kinyanjui, Nakuru West MP Samuel Arama (partially hidden) handing over BBI signatures from five counties in Rift Valley to secretariat member Abraham Barmasai (right) in Nakuru on December 3, 2020. [Kipsang Joseph,Standard]

Martin Luther King said, “the ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands in times of challenge and controversy”. Today we stand at such a time.

The BBI debate has unfortunately split the country. An ambition designed to unite has somehow divided the country and we are compelled to take a position for or against it. It is my duty as a leader to read and understand before I ask my people to support. More importantly, what’s good for us in Mombasa? Where do our interests lie? This is how I evaluate the BBI. 

Let’s look back into lessons from our history and re-evaluate how BBI impacts our future. Where do our interests lie? Mombasa is a microcosm of Kenya and what’s good for Mombasa is good for the nation. The BBI debate has become too emotive and people are reacting emotionally; let's put emotions aside and evaluate carefully.

There is a lot of uncertainty in Kenyan politics, but the one thing I am certain of is that devolution is the best thing to have come out of the 2010 Constitution. This is the one feature of that Constitution that we must absolutely defend.

Has BBI enhanced and defended this key feature? If we look back into history, we will see that 'Majimbo' (devolution) was our biggest loss when the Lancaster Constitution was abandoned. Had Majimbo been allowed to continue, this country would have been a lot different and better.

The focus on regional development would have minimised the distressing lack of basic facilities in many of the present counties. It is local people who know their problems, not bureaucrats sitting in Nairobi. Development is largely dependent on cash resources and an increase from 15 per cent to 35 per cent can only be good for the counties. 

Second, the legitimisation of the Constituency Development Fund will improve local development. Today, we have six constituencies in Mombasa. With BBI, we will have nine; Sh900 million per year to Mombasa, besides the 35 per cent to the county, is a huge boost. How can this be bad for the county? On this point alone, I would vote yes to BBI. The creation of Ward Funds is also a step in the right direction. Since 2013, I have advocated that MCAs should have a budget of Sh50 million to focus on the development in wards. BBI is finally making this happen.

Second, the retention of the Equalisation Fund and increasing its tenure to 30 years is a good thing. Marginalised areas should start focusing on how best to utilise the Equalisation Fund. Focus should be on what to equalise so we maximise our benefits as marginalised people and track the changes on what we need to change, be it health, education or infrastructure.

Third, the woman representative is a county official like the senator and governor. She has to campaign across the county and is elected by the whole county. Taking her to the Senate is an enhancement in status.

There are many other good things. The DPP being a constitutional office, the early search for a retiring Chief Justice, the creation of a Controller of Budget to monitor county funds utilisation should bring some semblance of sanity across counties, and hopefully better accountability. Today, a driver carrying goods from Kwale to Mtwapa in Kilifi will pay cess in Kwale, Mombasa and Kilifi – a drive of less than an hour – increasing the cost of food to consumers and killing small businesses.

Prime Minister

Instead, the debate has focused on the creation of the Prime Minister and his two deputies. This is neither here nor there. Changing the name from Leader of Majority to Prime Minister and appointing two deputies will not change anything. The hullabaloo about these five jobs is distracting us from the more critical components of BBI.

Do we need a referendum to agree on all these issues? Maybe not particularly at this time of Covid-19 when we have more pressing priorities and we cannot ignore the financial cost of a referendum, but this is tactics. It is not the primary issue. We can agree to disagree on how to execute BBI – but let us stay focused on the key issues.

Change is not always bad, after all, the South African constitution has been amended 17 times since 1994. For us to make some changes after 10 years is not bad.

Now, more than ever, we need good leadership and governance at the county level or we will waste decades. This is the country’s biggest challenge as we head into 2022. Is your county ready?

Mr Shahbal is chairman of Gulf Group of Companies.