The last few weeks have seen
the implementation of the budgetary provisions of the Constitution by the
National and County governments. The renewed role of the National Assembly and
County assembly in approving the budgetary proposals has been seen at work. It
has ensured that the executive is kept in check and ensuring that finances are
used for the benefit of the entire public. The powers and mandate of
Constitutional commissions such as the Salaries and Remuneration Commission and
the Police Service Commission has been tested with proposals to disband and
reduce the powers of the two commissions respectively. The Teachers Service
Commission is engaged in negotiations with the teachers union as public schools
remain closed due to the teachers strike. Industrial actions by trade unions across
all sectors now threaten to distabilise Kenya’s fragile economy. In the
corridors of justice there is increased vigilance to enforce the provisions of
the Constitution through tribunals and the courts.
Amidst all these challenges
and opportunities, we have also witnessed the manifestation of the same old
culture of misplaced priorities and potential misuse of resources. We have seen
for instance Governors allocate resources to buying vehicles, building
mansions, entertainment and hefty allowances. The shared functions between the
National and County Governments have been widely ignored. We have therefore
seen a manifestation of the such use of public resources in County governments
is a worrying foundation for the new governance structure. The devolved system
of government was introduced to ensure the resources are devolved to the
grassroots. If devolved funds are channeled to recurrent expenditure and corrupt
practices, County governments will not achieve their purpose.
This now brings me to the
vital role of civil society. Civil society has been argued to become irrelevant
with the self-implementing mechanism of the Constitution. However a vibrant
civil society is needed both at the National and County levels of government to
check the excesses of use of power and ensure that the law is obeyed to the
letter. This is founded on the principal of public participation in the
exercise of power. County governments must open themselves up to scrutiny so
that there is a participatory approach to governance. Counties cannot address
the challenges of devolution alone, they need input from the people through
organized groups.
To begin with, i would propose
that civil society first organizes a major Civil Society conference. This will
be a conference for members of the civil society to carry out a stock taking on
their contribution to the economic, social and political progress of our
nation. With respect to the Constitution, in the aftermath of the General
Elections and while Devolved governance is taking shape, they need to develop
new strategies to champion their advocacy course. Embracing best advocacy
practice organizations countries such as Ghana, South Africa and Canada will
also give the industry more insight and wisdom in this regard.
Civil society risks
irrelevance if strategies of the past are employed, protest marches are good
but no-longer effective. Civil society should now invest heavily in Information
Communication Technology (ICT) and social media campaigns while ensuring youth
participation in its activities, such was the foundation of the arab spring
that manifested the power of social media in bringing about a revolution.
To participate in this the
general discussion should be business and community leaders, government leaders
including members of the executive, legislature, judiciary and constitutional
commissions. The idea is to have a forum to exchange ideas and formulate
strategies that will inform Civil society’s activities and advocacy programmes
from now hence forth.
Implementing and defending the
Constitution is not a destination but a journey that all Kenyans must be
willing and ready to participate.
