Political temperatures are rising amid next year’s general elections and the process of the implementation of the Constitution. However, it is saddening for this country to witness a sustained ping-pong centred on a remuneration structure of the Committee on Implementation of Constitution (CIC). Why?
The Chairman, Charles Nyachae and his Commissioners have rendered service to people of Kenya for seven months without receiving any pay. Yes, we have enjoyed their services on credit as the people of Kenya, yet we are now told the negotiated pay to the Chairman and commissioners should be adjusted downwards retrospectively.
A ping-pong game pits the Office of President, Ministry of Justice and Constitutional Affairs, Public Service Commission and the Treasury. The latter three players have reportedly agreed to the pay level.
This begs the question: Why is Francis Muthaura, Permanent Secretary/Head of Public Service seeking to exercise a responsibility not vested in his office under the Constitution?
red herring
Government Spokesman, Alfred Mutua quoted a circular issued in 2002 before the promulgation of the new Constitution, but how can it surely affect CIC, a creation of the new Constitution?
Could it be a red herring with the actual aim being to scuttle implementation of the Constitution?
No matter how much anyone can try to make such circulars applicable to CIC, it won’t work, can’t work. Kenyans can see through such red herrings and such architects must rethink. What, then are the compelling issues on this matter?
Firstly, it is essential to note that CIC is a special Commission established under the Constitution — charged with the critical responsibility of overseeing implementation of the Constitution with a five-year mandate.
The CIC shall stand dissolved once the Constitution is fully implemented as may be determined by the National Assembly or after five years, whichever comes first.
However, the National Assembly is also empowered to extend its life through a resolution.
Further, whilst the Constitution has established a Salaries and Remuneration Commission, such a commission is only, responsible for determining salaries of State officers and those of permanent independent commissions established under Chapter 15 of the Constitution and those designated as state offices by an Act of Parliament.
CIC is not listed as a state office, but is certainly a public office. Thus, the Salaries and Remuneration Commission can determine terms of pay for CIC in future. It would, therefore, not make any sense for the remuneration of such an important constitutional office to be determined by government technocrats.
Those against CIC’s commissioners’ pay have characterised it exorbitant but failed to disapprove a the fact that many others in public service enjoy such terms or higher.
Secondly, CIC is a commission required to report regularly to the Constitution Implementation Oversight Committee on all matters appertaining to the progress on implementation of the Constitution and any impediment towards its implementation.
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It is evident from the theatrics of technocrats on commissioners’ pay that their intention is not to facilitate the commissioners’ work but to frustrate it. Why?
If the commissioners’ have not been paid for seven months, then, it constitutes a major impediment on the implementation that has only one consequence — paralysis. Is this the motive of those opposed to pay?
Are they hoping the team would resign for a more compliant team given Nyachae and team have demonstrated resoluteness?
Rein-in technocrats
Kenyans are aware that unfortunately there are still a few living in the past and seem unaware of the new dawning.
We urge Nyachae and team to remain resolute and align themselves to serving wider public interests as envisioned in the Constitution.
Thirdly, Public Watchdog implores the two principals — President Kibaki and Prime Minister Raila Oding — to rein-in those technocrats who are yet to demonstrate willingness to embrace the spirit and letter of the Constitution.
Further, it is now the responsibility of the Abdikadir Mohammed-led Parliamentary Constitution Implementation Oversight Committee (CIOC) to resolve all impediments that slow down implementation of the Constitution including the tug of war on CIC’s pay structure.
Evidence of intrigue aimed at delaying the process of implementation of the Constitution is now emerging with the Government Printer, yet again, at the centre of delay in gazetting assented Bills.
Exceptional individuals
Who are these invisible powers capable of slowing even what the president has signed into law? As a people we expect all those serving in public positions to realise they are in those privilleged positions courtesy of public trust.
If they fail to engender such trust, they lose any legitimacy no matter the perceived level of authority or influence.
Finally, in retrospect, history has consistently shown us useful lessons, but we fail learn day-in day-out. It is however, encouraging that a growing team of resolute individuals is now assuming many positions of leadership in critical public institutions.
Yes, amidst, this pall of gloom of darkness enveloping many a political class — lies a few exceptional individuals — such among others as Abdikadir at CIOC, Nyachae at CIC and Willy Mutunga as Chief Justice.
These individuals represent rays of light of hope and confidence on the future and tomorrow’s Kenya, this being a matter of compelling public interest!
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