Editorial: Economic subjects of draft law need rethink

The expectation may have been too high for a team of experts that was largely legal minded.

Yet the reality is that the draft constitution, though pleasing to a political class whose main interest in the document is power, bears the potential of throwing government into a paralysis that the country will regret in the not-so-far future if adopted.

The danger of paralysis is particularly grave in the critical area of economic policy and management that should be the concern of every Kenyan who is dissatisfied with the current situation of mass deprivation.

If adopted as crafted, the Kenyan electorate should block their ears to any politician who shows up at a political rally in the run up to a presidential or parliamentary election promising some deliverables on the economy. They will lack the ability to deliver.

The political jostling aside, sections of the draft constitution that deal with economic policy, and public finance are to say the least lacklustre.

They do not merely lack the insight of a team that had the understanding of how government works but are glaringly devoid of the philosophy of governance in a democratic dispensation.

In a democracy, the basic underlying principle is self government in a framework where powers and roles are clearly separated and defined.

The people through their vote, put the instruments of government in the hands of an individual in the case of a presidential election or a group in the case of parliamentary elections, to manage the affairs of state on their behalf.

In the aftermath of a poll, the president or prime minister, whatever the case may be, assumes executive authority, whose ultimate goal should be delivery of services that improve the welfare of all.

Exercise of executive authority is checked by both the legislature and judiciary — the other key segments of government.

That the draft constitution has in its recommendations lost sight of this key principle could only show the level of its competence in matters economic and its thinking that government is all politics and no bread.

To enshrine parliament in the constitution as the key economic policy organ — that will preside over the budget-making and public finance is to completely lose sight of what makes a modern government.

Key questions arise from here. Knowing the calibre of people who get elected to parliament, does the august House have the capacity to frame the budget in the bigger economic policy framework that it is or will they merely see it as an opportunity to jostle for allocation of resources to their regions or constituencies as they are currently doing with CDF?

Second, it begs the question of who will be on the spot in the event of an economic policy failure — the government in power that will have been robbed of the right instruments to do the job or parliament?

Most importantly, where does this dispensation leave parliament’s watchdog role?

Will parliament exercise executive authority and then come in via the back door to scrutinise the same?

It may be that many parliamentarians, especially the backbenchers and members of the opposition will find this proposal fascinating.

But they had better be warned that they will find it utterly frustrating and nonsensical should they or their parties in future win an election to form government only to discover that they lack the authority to make economic policy.

The mess at Treasury aside, debate on the draft must interrogate the subject of the cost of running the devolved government as proposed.

Will it improve the business environment and allow the country to do business better in a globalised world or will it be a drawback?

Eyes should also focus on key areas such as monetary, land and social policies proposed in the draft with a view to ascertaining their possible impact on the competitiveness of the national economy.