Hurdles William Ruto must surmount to deliver on his lofty promises

President William Ruto addressing Judges and judiciary staff during the Swearing-in ceremony of six Judges at Statehouse in Nairobi on September 14, 2022. [David Gichuru, Standard] President William Ruto's inauguration speech, criticised widely as lacking personal touch, attempted to paint an image of a prosperous Kenya under his presidency, though with little detail of how that would be achieved. In the wake of a nail-biter of an election boycotted by 35 per cent of voters - more than those who voted for either Ruto or his rival Raila Odinga - the president promised to work for all Kenyans, titling his speech "a Kenya for everyone." And though he did not dwell on the subject of unity, closing his speech with a commitment to work for everyone, regardless of how they voted, is an indication that the president's constitutional duty of uniting the country is his primary goal. Although the election period has been without violence, political divisions persist. As they issued their judgement upholding President Ruto's win, the Supreme Court judges acknowledged the country's political split. "Even if we say there are no winners and losers... the truth is that some six million Kenyans will not be happy today," Deputy Chief Justice Philomena Mwilu said. But early Tuesday, ahead of the inauguration, Deputy President Rigathi Gachagua downplayed divisions in an interview with the press. "People have moved on. It is only the politicians talking about bringing people together. Bringing them together to do what?" Gachagua posed. An assurance of 'reaching out' has been a staple of inauguration speeches by heads of states worldwide. "As the president is a symbol of unity, Kenyans hope and pray he actively works to unite the country after a long political season," governance consultant Tom Mboya says. "Now is the time to come together and collectively fight for economic recovery, against corruption and for betterment of the lives of all Kenyans." Ruto promised a clearer picture of the direction his administration will take in next few days but he has already stated he does not intend to have a 'handshake' with Raila, who he says must play his role in the opposition. University don Macharia Munene says the president could reach an understanding with leaders in the opposition on issues affecting Kenyans without having to bow to their demands. "He appears to be reaching out," Prof Munene says, arguing Ruto must seize the chance to pull the nation together. "He enjoys a lot of goodwill from Kenyans and he needs to nurture it so that people give him an opportunity to work," he adds. Prof Munene further contends that the president should not be in a "rush" to get some things done, as he risks sparking resistance, while appearing "inconsiderate." President Ruto also pledged to work with Parliament to fast-track implementation of two-thirds gender principle, a matter that saw former Chief Justice David Maraga advise retired President Uhuru Kenyatta to dissolve Parliament. Divided opinion "The participation of women in our governance does not make us lesser; it makes us greater. And their role can no longer be nominal; it has to be substantive," Ruto said. The gender parity debate is not new to the country. Opinion has been largely divided on its practicality. While some have said it is unachievable, others have contended that is can be implemented in Parliament through bipartisan goodwill. The Constitution provides that not more than two-thirds of members of all elective and appointive positions shall be of the same gender. Over the last 10 years, Parliament has failed to enact specific legislation to operationalise the principle of gender equity. Several attempts to have a law in place have flopped, courtesy of evident sabotage, with votes on proposed legislation failing to take off as a result of perennial quorum hitches. Such legislation has included amending the Constitution to allow for more nomination slots for women in Parliament to bridge the gender gap. Constitutional amendments can only be made by two-thirds of MPs, a number that has never been raised. Neither side of the divide - Azimio la Umoja-One Kenya coalition party or the Kenya Kwanza Alliance - commands two-thirds support. And so it will not be a walk in the park for the president. "If the president is genuine about it, it can be achieved," lawyer and activist Koki Muli-Grignon says. "This is the first time we are getting the highest political goodwill. The language has changed to that of commitment from the highest political office." But she says Kenyans are not naive to "not know that many people are opposed to it." She adds that the president should set the example by ensuring the principle is applied in his appointments. During the campaigns, Ruto had promised to have men and women enjoy a 50-50 share of his Cabinet. "Gender parity in elective positions will take time because it needs a review of our electoral system," Muli-Grignon adds, saying the principle can be achieved without amending the Constitution as the law provides for it. As he took over office, President Ruto also said he would work with county governments better to enhance devolution. Transfter of functions "There is a template which incorporates lessons from successes as well as failures in past engagements, and we stand a stronger chance of making devolution work better," Ruto said, promising to ensure timely disbursement of county revenue and "accelerating the transfer of outstanding functions." Late disbursement of county funds has been a perennial challenge that has jeopardised functioning of county governments. Time without end, Senate has summoned Treasury Cabinet Secretary Ukur Yatani to explain the delays, which Yatani has blamed on economic challenges. If the economic challenges persist, it is likely that late disbursement will, too. Fixing the economy, therefore, must be an urgent priority of the Kenya Kwanza administration. "Unless the economy is fixed, problems of late disbursement of county revenue will recur," economist Timothy Njagi says. "The national government does not keep money for the sake of keeping it." Dr Njagi argues that expanding the tax base, which Ruto has proposed to do, would see the disbursement of funds to the national and county government rationalised, averting delays that he says create an avenue for corruption. "Disbursing revenue late makes it impossible to undertake projects, creating an incentive for county officials to pilfer funds," he adds. Ruto said he was alive to the fact that the economy is "bleeding". On Tuesday he seemed keen to contain the expectations that confront his presidency as he inherits a debt-ridden economy that the president said had Kenya living beyond its means. Gachagua had offered disclaimers to that effect, saying the pair were inheriting "empty coffers." Hailing the role of independent institutions, the president also said he would respect their independence, even as he pledged more support to them. For instance, he said he would work with the Independent Electoral and Boundaries Commission (IEBC) to enhance the deployment of technology in the elections. The IEBC has always decried poor financial support, but it is Parliament that is responsible for their budgeting. The same goes for the Judiciary, whose revenue allocation Ruto said he would increase by Sh3 billion for the next five financial years. A good relationship across the three arms of government, which also respects the independence of each, could see some of the president's proposals achieved. While the president did not provide a framework for fighting corruption in his inauguration speech, he said that granting financial autonomy to the police would "give impetus to the fight against corruption" and end the "weaponisation of the criminal justice system." Independent command "It is a good step," constitutional lawyer Bobby Mkangi says. "It is known that one way of controlling security agencies is by controlling their purse." Mkangi also believes that while the move will grant the Inspector General (IG) more accountability on expenditure of funds, Ruto's executive should "step further away from the police" and let it run with more independence as a measure to curb corruption. "It is a matter of giving more room for the IG to exercise independent command as anticipated in the Constitution. In as much as the cabinet secretary is allowed by the Constitution to issue certain directions, they should seldom do so and allow the National Police Service Commission to take centre stage on matters of appointment, deployment and promotions," he adds. On the international front, Ruto said that Kenya would play its role in international diplomacy at the bilateral and multilateral levels. The head of state has not offered a clear plan of his foreign policy, but has already experienced the delicateness of navigating foreign relations. On Wednesday, Ruto had announced on social media that Kenya did not recognise Western Sahara, a nation in conflict with Morocco over autonomy and territory, as a State. He would later amend the post to state that "Kenya supports the United Nations framework as the exclusive mechanism to find a lasting solution of the dispute over Western Sahara."

Hurdles William Ruto must surmount to deliver on his lofty promises

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