Question: How do you know when a Kenyan is lying? Contemporary Answer: When (s)he says they’ve read the Building Bridges Initiative (BBI) task force report. Second question: Does the BBI report respond to the man-made gaps in our education and health, as well as economic sectors that Covid-19 has exposed?
The BBI report’s answer, to wit, “The Covid-19 pandemic is leading to extraordinary changes to…global health, economic and trading systems. The Steering Committee, in observing the damage to economic livelihoods, and the effect of unemployment and destroyed wealth caused by the pandemic, anticipates that political cohesion will erode seriously across the world, leading to pressure to undertake fundamental political and economic reforms.
Kenya, without predicting the pandemic, had already embarked on this path to far-reaching reform with the BBI process. We take note of the BBI reforms recommended in the economic sphere, in healthcare provision, and in making Kenya a more cohesive country. These will be the kind of changes the rest of the world will pursue, while Kenya will be ahead of the global curve due to BBI”. Wow, I am from Mars!
Except that we haven’t flattened the curve, and there’s another crisis meeting between our national and county leadership next week to discuss, basically, rising infections and deaths after “reopening”.
This is the fundamental Kenyan political condition. Ignore the past. Gloss over the present, and make money in the meantime. Offer a fantasy future. Amid spreading economic chaos (two million jobs lost already), a fast discombobulating fiscus and the public health Armageddon that our free-wheeling social ways have invited following reopening.
Back to BBI. In March 2018 (two weeks after the “Handshake”) I humbly suggested that the nine thematic areas could be rolled up into a single social vision “underpinned by a rights-based and responsibility-aware shared national ethos and identity and a virtuous circle of ethnic harmony, just electoral outcomes and inclusivity; driven by integrity, transparency, accountability and human security and ultimately geared towards shared prosperity and human progress, and sustainable political and economic devolution outcomes”. This was the BBI “hurdle rate” for success. It wasn’t a constitutional moment.
I am still “reading” the report, and working through its logic. The initial 12- member Task Force was tasked to offer “policy and administrative proposals”. When it transmogrified into a Steering Committee supported by over 40 technical experts (also known as “regime resources” - handshake, not Jubilee regime), the call turned to “policy, administrative, statutory and constitutional proposals”.
From my helicopter above here’s what I see, acknowledging that the Steering Committee formerly known as a Task Force referenced 13 other constitutions, 15 bills to amend our Constitution since 2013, 12 bills already stuck in Parliament, 39 existing laws, 15 court opinions and judgments, 31 policy documents, 16 Commission and Task Force reports and 53 other “important” documents, while taking in 328 written submissions and conducting 107 consultations.
First, hundreds of administrative actions to implement the recommendations that the Task Force made. Why these aren’t already part of our planning and budgeting processes? Second, 12 bills, ranging from “prompt payment” to “contributions to charity”, with PFM, electoral, SME and ethics and integrity laws among those laws in between. No drama here, it is part of what public service means and does.
Third, 68 proposed amendments to the Constitution, for which at least 10 probably require a plebiscite in these cash-strapped times. I have a simple view on proposed constitutional reform. Treat all amendments with great suspicion. Then look carefully at new stuff. Outside the headline-making Leader of Opposition, Prime Minister and Deputies, Independent Policing Oversight Commission and Kenya Police Council proposals, here are a couple.
First, embrace African Unity and political confederation of the Eastern Africa region (for) sustainable development, prosperity for all and stability. Eh? Second, get the state to promote “productivity through protection of intellectual property rights; investment, enterprise and industrialisation for sustainable economic development; sustainable agriculture; an economic system that supports small and micro enterprises; an infrastructure that supports the digital economy; and application of science and technology in the production system. Did katiba become a strategic plan, or replace Vision 2030?
Third, make citizens responsible (Covid-19 admonitions anyone?) for cultivating national unity, promoting and protecting family well-being, ethical conduct and combating corruption; parental responsibilities self-advancement for community and nation; honesty in income declaration and tax payment, respect for private property and protection of public property from waste and misuse, serving in defence of country and promoting African unity and dignity. Orwell’s 1984?
Recall there’s a question before our courts on constitutional structure (that is, can one change the Constitution’s essential design and purpose?).
Finally, the report proposes 12 policy guides on heritage and history, ethos and citizenship, citizen education, productivity and shared prosperity, health and wellness, good governance, justice, safety and security, unity in diversity and tax policy.
PAYE Tax Calculator
Note: The results are not exact but very close to the actual.
