This archive report was first published on 28 July 2019.
Digesting the different referendum initiatives ¶
Published on July 28, 2019
Kenya is on the cusp of another constitutional reform process, with various initiatives pushing for changes to the 2010 Constitution. The Building Bridges Initiative (BBI), Punguza Mizigo, and other proposals are gaining momentum, with proponents justifying their proposals on inclusivity.
The Thirdway Alliance Party's Punguza Mizigo defines inclusivity as equitable access to the national cake, with the majority of Kenyans not caring who becomes President. In contrast, the BBI defines inclusion as the sharing of executive power between the offices of the President, Deputy President, Prime Minister, and other key national appointments.
Political analysts argue that the proponents of the current constitutional reform crusade are ideologically divided into those who favour centralisation of power and those who support the entrenchment of devolution. Punguza Mizigo advocates for the reduction of constituencies and hence parliamentarians, while the BBI proposes the creation of a regional level of government to ensure several Kenyan communities are accommodated in the country's top political leadership.
Other proposed reforms include measures to create a national ethos, commitment of more resources to devolution, creating an electoral environment that minimises electoral conflicts, and anti-corruption measures. The Council of Governors (CoG) has also proposed raising county revenue to at least 45 percent of the preceding year's tax collection, with five percent reserved for the youth, five percent for ward development, and five percent for women.
However, the Punguza Mizigo claim that the institutions created by the 2010 Constitution are expensive to implement has been contradicted by Mr Billow Kerrow. He explains that in South Africa and Nigeria, the devolved units receive 52.5 percent and 47.8 percent of national revenue, respectively, and that Kenya's combined annual expenditure of parliament and county assemblies is Sh60 billion, which is two percent of the total national expenditure.
Analysts argue that the BBI's proposals regarding the expansion of the national executive unfairly guarantee the political and economic hegemony of the current dominant political party leaders and their ethnic communities. All the above initiatives must be subjected to a referendum, according to Articles 255 and 257 of the Constitution, when they propose changes to the term of Office of the President and the structure of devolved government.
However, the functions and the structure of the executive can be altered through ordinary legislation, and the equitable revenue share can be revised upwards even through a Cabinet decision and subsequently a budget appropriation. The question of auditing the current Constitution to determine its implementation status is critical, with many devolution and human rights provisions routinely flouted.
Prof Kibwana is Governor of Makueni County.
