By Odhiambo Jerameel Kevins Owuor
Worth Noting:
- His oath of office is contained in the Constitution. The oath provides as follows: βIn full realisation of the high calling I assume as President of the Republic of Kenya, do swear/solemnly affirm that I will be faithful and bear true allegiance to the Republic of Kenya; that I will obey, preserve, protect and defend this Constitution of Kenya, as by law established, and all other laws of the Republic; and that I will protect and uphold the sovereignty, integrity and dignity of the people of Kenya. So help me God. It seems beyond reasonable doubt that President Uhuru never deciphered the meaning of these statements. If he did then definitely he decided to be big headed fellow.
Yesterday my good friend and Senior Victor Okiki posted some reflections that I will like to share as a building brick to this paper. I proceed to share his post: βCongratulations for reaching the 59th year of being liberated from your colonial master. Such occasions are moments of joy and celebration. But allow me to reflect on whatβs on the ground. And let me do this before the wolves in sheepβs clothing delude you. Yeah, before they extol you with hollow songs devoid of reality. Yes, before engaging in meaningless prayers, forgiveness requests and peace promises. We know today weβll be reminded of the number of tarmac roads that have been constructed. Theyβll tell us how the kilometres constructed exceed those done by past administrations combined. They will say how industries have been constructed in the past ten years. They will be shameless to tell us how they have supported devolution. How there are grand projects among other half-truths. As they give us those meaningless statistics one wonders whether what the value of thousand kilometres is if you canβt afford the fare to travel in them because of fuel. Yes, what it helps if industries created yet they donβt celebrate their second birthdays. All these thanks to bad tax regime, bad economic policy and fiscal policies.β
Victor Okiki Odiwuor continues, βEven as they say all these half-truths and outright lies pause for a moment and reflect dear Kenya on the reality on the ground. Do ask them why they are yet to make public the debt deal with China. Why the Attorney General Retired Justice Paul Kihara is appealing the decision. Oh, and donβt forget too quickly at how they almost strangled Katiba. If they compare their successes with past regimes show them the legal regimes are different. Yeah, that whilst previous regimes ruled by decree theirs was under the environment of constrained power and constitutionalism.
That despite calls for transparency they have been defiant and arrogant. As they will be requesting another chance to manage your resources do ask them the hard questions. Question them how they solve the land question if both of them (both sides of the divide) have tainted records on land.
Do interrogate on what theyβll do with the public debt burden, tax reform, constitutionalism, food security. This far it would just seem that Iβm pessimistic. Not really my dear motherland. There are lots to celebrate. I celebrate how free speech is allowed. Devolution has been kind of a game changer for services have been decentralized for the local man. Of freer Judiciary, liberated fourth estate and freedom to travel wherever I desire, academic freedom. So it is a mixed bag my dear Kenya.
As you head into the retirement years may you find more vigour. May the past wrongs you experienced in the past not deter you. And may we your children fight for your freedom.β This post definitely sent me to the land of reflection. In the land of reflection I harnessed my thoughts on the same subject my senior Victor Okiki. His post led to coming up with this article. In this article I interrogate if there is anything worth celebrating on 59th Madaraka Day celebration. I therefore proceed.
Madaraka day is a national holiday that is celebrated every 1st June of every year in the Republic of Kenya. On this day many years ago Kenyans attained self-rule or rather self-governance. To be precise the exact year is 1963. Kenya only attained partial independence on this day and did not become a fully established republic until about a year and a half later on 12th December 1964.
This is a day that should be celebrated as part of this nationβs history. This is a time Kenyans reflect on countryβs progress after gaining internal self-rule from colonial masters. After gaining the self-rule we were at liberty to take charge of our own affairs. Following the era of inhuman treatment, racial segregation and brutality. As of now we are being ruled by our fellow Kenyans. It has to be noted that leadership is all about service. The ability to create systems, to reenergize processes in spheres of life to benefit the people is the core value and principle of Madaraka.
History fondly remembers people like the First President of this nation Mzee Jomo Kenyatta, the founding father of the nation for his unflinching commitment to build national systems to aid in the fight against poverty, diseases and ignorance. The day also keeps up the momentum for women empowerment in a chauvinistic society.
Women have their place of pride in leadership and social development. They have played an integral role in making our environment safe, courtesy of Nobel Laureate Prof Wangari Maathai. Moreover, the Judiciary is headed by a lass that is Chief Justice Martha Koome. Infrastructure development has been on the rise, we have Thika Road, upcoming Kenol Road, Nairobi Express Way among other major roads built by Jubilee government. The President and his regime have tried on matters Big Four agenda. I had to name these things we can be at least proud of before I begin my rant for today.
Let me brutally honest, there is nothing worth celebrating 59 years after attaining internal rule. We are just a surviving nation, yes I said; it if you feel aggrieved pick one stone and hit me. I will not rant anyhow I will in the preceding paragraphs illustrate that with facts and statistics that canβt be disputed by any rational man.
The first port of call will be the Constitution. The Constitution was a product of long years of reflection among Kenyans on what they deserved. Many died in the course of the same, some were flogged, and some were kidnapped never to be seen again for us to enjoy the freedoms and other fruits of the Constitution that we do enjoy today.
Unfortunately, the President came up with a plan to amend the Constitution via unconstitutional medium. What can be shocking is that, he wanted to amend the Constitution that he has not been faithful to implementing. Numerous times without number he has trampled upon the Constitution given any slightest opportunity. One wonders whether he deciphered his oath of office.
His oath of office is contained in the Constitution. The oath provides as follows: βIn full realisation of the high calling I assume as President of the Republic of Kenya, do swear/solemnly affirm that I will be faithful and bear true allegiance to the Republic of Kenya; that I will obey, preserve, protect and defend this Constitution of Kenya, as by law established, and all other laws of the Republic; and that I will protect and uphold the sovereignty, integrity and dignity of the people of Kenya. So help me God. It seems beyond reasonable doubt that President Uhuru never deciphered the meaning of these statements. If he did then definitely he decided to be big headed fellow.
Secondly, corruption oh my!!! Let me first sob in peace. Under Jubilee regime the public coffers have been embezzled, misappropriated and stolen under the watchful eye of the state. Last year the President is on record stating categorically that at least two billion is stolen each day from the government. One wonders why he should give us such data yet he is on a higher pedestal to correct that wrong.
Is this the President we deserve? Absolutely nope, this is the President democracy gave us. This government will go down as the government in which corruption was tolerated. What is interesting is that those who partake of the same arenβt punished or arrested. This shows that there is a good standing between those who engage in corruption and the political players thus they canβt be held to account. Is that worth celebrating?
On infrastructure, that is the least that we do expect from any government. Our taxes must be used to make the same a reality. My only concern arise from the way tenders for road projects are exaggerated a good example is Nairobi expressway. There are other several examples of the same. Moreover, it seems this infrastructure isnβt helping us perse. There was a talk in Taita and Gikomba over the way Tanzanians benefit from our perfect road infrastructure to bring goods in Kenya and sell them cheaply. Thus, Kenyan farmers and traders donβt get value for the money they spent in farming same produce. As well letβs face it we canβt eat roads for crying out loud. There is need for delicate balance when coming up with these projects.
This will not shock you; Mzee Kenyatta the founding president of Kenya noted that he was on a mission to combat three things namely: poverty, ignorance and disease. Guess what? We are still combating the same over 50 years later. This definitely shows how things are wrong in our nation. We were in the same level as Malaysia and Singapore in 1960βs. Can we have the guts to compare ourselves now with those two nations? Who has that audacity? If we are still tackling the problems of 1960 where are we headed as a people? Perhaps we need a mighty deliverance.
Poverty has been a problem. When Kibaki was in power all seemed relatively well. By the virtue that Kibaki was a President he tried his level best to manage the economy thus the poverty rate by then was low. Ten years into the reign of President Uhuru Kenyatta and Deputy President William Ruto Samoei, poverty rates in Kenya have surged drastically. Kenya National Bureau of Statistics revealed almost half of Kenyans are below the poverty line. This is a worrying trend definitely.
The Constitution has a chapter on Public Finance. This Chapter also has a statute to its effect. The Public Finance Management Act is a normative derivative of the Constitutional Chapter on Public Finance. The Constitution to be in particular Article 201vouchsafes principles of public finance which include; openness and accountability including public participation in financial matters; the burden of taxation shall be shared equally and fairly; revenue raised nationally shall be shared equitably among national and county governments; expenditure shall promote the equitable development of the country, including by making special provisions for marginalised groups; public money shall be used in a prudent and responsible way; financial management shall be responsible and fiscal reporting shall be clear.
The current government hasnβt been adhering to the said provision thus making all the moves the government makes to be unconstitutional; blatant regard of the Constitution. The President has been the one leading this pack so other civil servants do so for they know they wonβt be face the law. The government is yet to reveal the contracts of Standard Gauge Railway. It is said that the government canβt do so for they indicated in the contract for Mombasa port to be collateral should they not be able to pay the loan that financed the project.
Enough of my ranting, perhaps by now you get why I feel there is nothing to celebrate on this day. We thought when we will be ruled by our fellowsβ things will be better unfortunately things have remained the same. We are still suffering each day; they donβt even get to experience our pain. In short we are alone. The earlier we realize that the better. If we donβt I wonder who will ever save us. I MAINTAIN THERE IS NOTHING WORTH CELEBRATING TODAY TILL WE CORRECT ON OUR MISTAKES.
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Odhiambo Jerameel Kevins Owuor is a law student at University of Nairobi. He regularly comments on social, political, legal and contemporary issues in equal measure.
