This archive report was first published on 21 October 2019.
On October 21, 2019, the Punguza Mizigo Bill, a proposed constitutional amendment aimed at reducing the burden on Kenyan taxpayers, failed to clear a crucial hurdle. The bill, sponsored by Thirdway Alliance, did not receive the required approval from at least 24 counties, as mandated by the Constitution.
The bill's failure has been met with disappointment from its proponents, who have accused the county assemblies of undue influence and political interference. However, a closer examination of the bill and the process reveals several fundamental problems that should serve as lessons for future constitutional amendments.
One of the key issues is the calibre of members of county assemblies (MCAs). The 2010 Constitution introduced MCAs, who were expected to possess higher academic qualifications and wield greater powers and responsibilities. However, concerns have been raised about the quality of leadership, with MCAs often being portrayed as being more interested in fighting and agitating for pay than in discharging their constitutional duties.
The Punguza Mizigo Bill provided an opportunity for the country to assess the MCAs, and the outcome has been encouraging. Despite disagreements over the outcome, it is clear that the MCAs demonstrated a focus and appreciation for constitutional issues when the moment arose. Their discussions and debates will serve as valuable reference materials for ongoing discussions on constitutional reforms.
Another problematic issue is public participation. Article 10 of the Constitution makes public participation a mandatory aspect of governance processes, including constitutional amendments. However, the process of changing the Constitution has been marred by a lack of clarity on what constitutes adequate public participation. Should signature collection be equivalent to public participation? Should there be public fora to socialize citizens on the issues in a draft constitutional bill before its debate? These questions remain unanswered, leading to a situation where there was neither consistent nor deep engagement with the public.
