I have spent the last few weeks across several counties in Kenya. In the process, I have had discussions with citizens and civil servants at both the national and county level.
The oft-stated position that Kenyans are a hardworking lot is true. The country has a very competent workforce that if properly motivated can help accelerate its development trajectory. Discussions normally seek to diagnose the real challenges facing the country and slowing down its development pace.
These travels across Kenya, happening during the last few days to the next General Election, demonstrated to me one of the unintended consequences of the 2010 Constitution.
The adoption of the devolved system of governance is one of the transformative aspects of the new governance architecture. It has enabled regions previously underdeveloped to enjoy public services, improve their infrastructure and improve the environment for local investment. One serious challenge though remains the linkages between politics and management.
Elected leaders play a central role in a democracy. They represent the people in the governance process, bringing in useful perspectives while entrenching participatory democracy.
This arrangement is designed to ensure that policies are responsive and relevant. The essence of checks and balances is such that elected representatives act as a bulwark against executive excesses to avoid instances where personal interest clouds service to the people. The reality on the ground is disturbingly different.
Politicians have become a law unto themselves. While the Constitution is clear that we are a society based on the rule of law and that our democracy is organised around participation and accountability, elected leaders have entrenched a culture of non-accountability and rule of the jungle.
Leaders have perfected the art of using their positions to escape responsibility and bulldoze honest public servants. The consequence is that public servants operate in fear of the legislature at all levels. They would rather not have to engage in the law-making process.
Any policy, plan, and strategy that involves going through the legislative process sends shivers down their spine. They are not sure whether the elected representatives will consider the proposals they have worked on kindly if at all.
The efforts since early 2000 to strengthen the legislature and free it from the control of the executive are laudable and have yielded dividends.
A properly functioning democracy requires a legislature that can stand up to and check the executive. In this arrangement, the complaints from public servants may be taken to be from those who do not like to be questioned. However, on closer interrogation, it would emerge that there is merit in their concerns.
A rogue executive is dangerous for the country’s democracy. Equally so is an unaccountable and rogue legislature. Checks and balances must apply to both arms of government.
Politicians need to recognise that they are chosen to serve the people and consequently promote public interest.
This requires an appreciation that the guiding beacon for all leaders, be they appointed or elected is the Constitution.
Neither elected nor appointed leader is superior to the other. Each operates based on donated power from the citizenry, which needs to be utilized in service of the sovereign authority, the people.
As we usher in a fresh set of elected leaders in a few days, it is incumbent upon those who are successful on 9th August to recognize that they are accountable under the rule of law.
Recognizing the linkages between their responsibilities and those of public servants in delivering for the people of Kenya is a foundation to building a progressive society.
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