Kenyans' focus on presidency is misplaced, action is in the counties

The extract above is the sort of coincidental lightning rod that offers interesting, but not definitive, context to the 2022 presidential election petition now at the Supreme Court. As media and social commentators have dramatically and aggressively informed and educated us all week, the question before the court is "whether or not - in law and/or process - we had a presidential election" (even though we had others). Tune into all the drama starting Wednesday on your favourite TV station.

It is improper to go further into this "live" case, although our mainstream and social media don't seem bothered by the notion of subjudice. But it is telling that, slowly but inexorably, we seem to be reducing democracy to elections, elections to the presidency and the presidency to the courts. Some argue that this resort to our courts has helped to develop our electoral architecture. Others question the utility of the voting franchise if choices are not consequential; if count trumps vote.

Indeed, on Planet Kenya, most people want an end to the disruption and uncertainty that elections impose on our lives; we want to get back to work. Leave debate on the state of our democracy to the ivory towers, we say. What's the point of democracy if we aren't developing, we ask?

Cutting to the chase, our corporate world wants to get back to business ASAP. Our MSMEs, also rebuilding from Covid-19 and a harsh global and local economic climate, need their customers back yesterday. Parents are fed up with disruptions to school and learning timetables for our children and youth. Our economy and fiscus are in ablution territory, and the shilling is wobbling.

Beneath all of this is a fast-growing national realisation - Supreme Court decision notwithstanding - that this presidency thing divides us far more than it unites us. Cue quiet but increasing recent whispers about "nusu mkate" (government of national unity). Enough already! To be honest, the serial media bombardment we have experienced this week over a fight about a single job - is this really the biggest job? - in Kenya fails to do justice to five other reasons why we lined up to vote earlier this month. Those five reasons were your governor, senator, MP, woman rep and MCA.

Democratic choices

By the numbers we are talking 30 new governors out of 45, 31 new senators and 34 new women reps out of 47 each and 146 new MPs out of 286. We don't have overall MCA numbers yet, but a wild guess is we voted in at least 1,000 new grassroots representatives out of 1,450. Recall further that, in Kakamega and Mombasa, we'll get two more new governors, making the total 32 out of 47, as well as possibly four new MPs and two new MCAs on the same day.

Hello! Did we miss this moment? Optimistically, can we now argue that, in reality, our democratic choices are actually working better for us where they matter more in terms of their impact on our daily lives? For these "down-ballot" votes, do the results tell us we made choices based on "waves" (six-piece suit etc.)? That's the wrong question. If these were waves, was their nature identity-based or issues-driven or a bit of both? Outside these waves, to what extent did the more discerning "horses for courses" vote prevail - voting on perceived individual competence rather than strict party or ethnic lines? All questions for deeper reflection.

Here is one small observation. These down-ballot votes are emerging as an important failsafe in our electoral process and its outcomes. The presidency inspires a zero-sum game of winners and losers. This isn't quite the case with these other positions, and it's not simply because we typically have more contestants. It may be that the incentive towards negative reaction to election results, including violence, is less attractive, tenable or sustainable at the local level; basically "at home".

It might also be the earlier point; that increasingly, we realise that our most important electoral choices are about those closest to us in official proximity. My general experience coming from interactions with fellow voters after this election was that, by and large, we were far more accepting and less unhappy (rather than happier) about the ultimate leadership choices that emerged locally.

Let's look at this leadership. Our three groups of national legislators - MPs, women reps and senators - have clear representation, oversight, legislation and evaluation roles. However, the everyday view is different; MPs who pass laws and also dish out CDF projects have been a feature of our political economy landscape for almost two decades, but we are still struggling to get our heads around the real work that our decade-old senators (without any funds) and women reps (with affirmative action funds) actually do every day.

So even as we hyperventilate over the Presidency, it makes sense that we also play our roles as citizens in observing and calling out the effectiveness of our MPs in committee work, the work of our women reps in championing support for marginalised, vulnerable and disadvantaged groups, and our Senate efforts to strengthen and protect devolution. Yes, we also want to see them pushing policies and laws in the interests of all Kenyans. No, we will not be impressed by all manner of travel "jollies and junkets" in the name of "benchmarking".

Local legislator

National level legislators are fine and good, but all development, like politics, is local. Here's where your governor and MCA come in. This is where devolution - one of the crown jewels in our Constitution - happens. Your MCA in 2022 is an advancement of the pre-constitution councillor in knowledge (know-what), skill (know-how) and, maybe, values/attitude (know-why).

This is the local legislator that you want to pass county laws (not by-laws), policies and regulations to give effect to the first two. This is the person you want to oversee and evaluate the governor and county Executive; your representative when the Executive goes wild on spending, or predatory in taxing your wiles and wares. At best, this person brings Ward Development Fund fruits to your village, neighbourhood or doorstep. Yes, your MCA is at your majestic service.

Then there is your governor. This is your county government leader, the head of one of Kenya's 48 governments. If the president, as Head of State, is three roles - governance, economy and security - then your governor does the first two. On governance, you are looking for a leadership that demonstrates in daily deeds a capacity to deliver services to the public, to respond to the needs of the people and to act with transparency and accountability in decision-taking, action and results.

If your governor isn't already talking about the economy, be very worried. If your governor isn't talking county tradables vs non-tradables in a regional, national or international context, prepare for a subsistence economy. If your governor is espousing all manner of new projects when many existing ones are incomplete, call them to order; and an orderly discussion on project prioritisation.

If you want straight answers on where your governor is taking your county, establish their attitude towards three phrases: "own source revenue", "pending bills" and "personnel establishment". If, after three months, they are still walking around the office proclaiming "jobs for all youth", "water or health for all", or "roads everywhere", they are definitely on a steep and slippery learning curve.

These are not your only devolution questions, and we will look at many more in the next article.

In the meantime, the big event last week wasn't the presidential election petition lodged at the Supreme Court; it was the inauguration of governors as devolution enters an exciting third wave.

If the first wave was about setting up institutions; and the second about investing in infrastructure, then it stands to logical reason that this third wave must jump-start our true journey of development built on two interrelated strands: public service delivery and local economic development.

So, get out the popcorn for this week's presidential appeal, but reflect on your devolution moment.