Parliament should impeach Controller of Budget urgently

The ongoing row over alleged illegal actions by the Controller of Budget in waning days of the Jubilee administration is a reminder that institutions are only as strong as the people that staff them (and coalitions behind them).

On paper, the Office of Controller of Budget ought to be a powerful and impartial office staffed by people with the mettle to stand up to presidents.

Yet according to publicly available information, the current holder of the office authorised disbursement of billions of shillings in response to pressure via WhatsApp messages. It also appears this was not the first time that had happened.

To use that hackneyed phrase, the law is very clear: these are grounds for impeachment. The framers of the Constitution went to great lengths to create independent offices with protections against abuse by incumbent politicians.

Individuals who choose to take up positions in those offices ought to understand what they are getting into. If pressured, one should report the matter before committing crimes.

And if one does not want to deal with potential backlash, the best option is to resign. If there are reasons for one to fear for his/her life, there are mechanisms for seeking asylum.

It is for these reasons that oaths of office ask if individuals agree to take on responsibilities voluntarily and that they are of sound mind.

Anyone who applies for roles in independent offices that are the pillars of our constitutional architecture should be prepared to stand firm.

These are not sinecures for standard yes-people but important offices whose functions are mission critical for the health of our democracy and constitutional order. We simply cannot afford to have waverers in these positions.

This case presents an opportunity for parliament to demonstrate that it cares about constitutionalism.

Everyone involved in the alleged violations of the constitutions and statutes governing public finance management should be hauled into hearings and forced to testify under oath.

Even if we never secure any convictions in courts of law, a parliamentary inquest will expose them and their schemes for the benefit of the public.

It is also fine that certain politicians will play politics with this issue. Only a delusional person would expect an apolitical process under the circumstances.

However, that should not detract from the reality that laws were broken and the Constitution bastardised.

-The writer is an Assistant Professor at Georgetown University