Protesters during an anti-government demonstration in Nairobi. Credit: Shutterstock.
By Stephanie Musho
NAIROBI, Jul 23 2024 – The resolution to the ongoing Kenyan crisis that has since morphed into an anti-government movement is not as simplistic as the withdrawal of the punitive Finance Bill 2024 as has lately been suggested by the country’s embattled President; who vacillates between seeking dialogue with – and threatening the youth of Kenya, against their peaceful quest for the realization of their constitutional rights.
One month after the unprecedented storming of Kenya’s national Parliament, legislators will today return to the August House following a three week recess where they are expected to consider a Memorandum on the Finance Bill from President Ruto rejecting all clauses of the contentious proposed law.
Additionally, they will debate a Supplementary Budget and the Division of Revenue Bill that was also rejected. This plunges the country into a legal quagmire, with a prospective vote on a needed statutory framework to enable the government to effectuate its annual fiscal plans. It is crucial that the President respects institutional independence and refrains from any attempts to influence the process; allowing the legislature to freely represent their electorate in decision making processes.
The President recently seemed to be responsive to the demands of the sovereign people by dismissing his entire cabinet, who are largely considered unqualified and partially responsible for the derailment of the country’s political and socio-economic development trajectory.
In fact, a year ago, he had put them on notice for their incompetency, having them sign performance contracts. Nonetheless, three days ago, he reappointed 6 of these fired individuals, in a selfish move to maintain political mileage at the expense of the country.
This re-infuriated Kenyan youth and galvanized public sentiment on his untrustworthiness as a leader. There is opportunity for Parliament to reject his nominees and for the President to embark on a new age, gender, and ethnic inclusive, and proficiency-based approach in the reconstitution of his cabinet.
Currently, Kenya is spending 68% of its gross domestic product (GDP) towards servicing its financial liabilities. A recent Christian Aid report highlights that Kenya could direct 3.7 billion US dollars towards health and education, if it did not have to pay external debt
The proposed law that catalyzed current events in the country had sought to bridge a $2.7 billion national budget deficit by increasing taxes on an already financially burdened citizenry. Yet, the government has been financially wasteful, contravening the requirement of prudent and responsible and prudent spending of public funds.
Consider that in 20 months, the President has been on 62 visits to 38 countries. The costs of these trips include his presidential delegation and their daily allowances. This is exclusive of other travels by state officials. Additionally, the State House was renovated at a cost of $6.8 million US dollars. It could then be argued that the problem is not a revenue crunch but rather one of expenditure. What is more, is that there has been a lack of transparency in public financing, creating speculation around the regime’s ravenous appetite for both legal and odious debt.
Ironically, William Ruto – once a village chicken seller, campaigned on a bottom-up economic model, promising to create an enabling business environment that favors ‘hustlers’ – or common citizens, who have long contended with unfavorable employment, business and investment opportunities.
These have mainly been a preserve of the elite who originate from or have strong ties to political dynasties that have ruled the country since its independence. This prospective shift was exciting for Kenyans who had for decades desired change. Nonetheless, the President has been unable to fulfil his campaign promises further disgruntling the young citizenry that makes up the majority of the population.
What is worse, is that those among his ranks have treated Kenyans with contempt and hubris creating a utopic and false sense of impunity, violating laws on leadership and integrity as provided for in Chapter 6 of the Constitution of Kenya.
Currently, Kenya is spending 68% of its gross domestic product (GDP) towards servicing its financial liabilities. A recent Christian Aid report highlights that Kenya could direct 3.7 billion US dollars towards health and education, if it did not have to pay external debt.
This figure is 1 billion USD more than the current budgetary shortfall that could address the ailing social sectors that are plagued with worker strikes and the ultimate suffering of ailing patients and school going children.
While it is idealistic to advance debt-free economies given the global poly crisis among other economic and political factors, it provides an aspiration that could guide our development blueprints, particularly for African countries that are resource-rich and have prospects to close these disparities and unlock new financing for the advancement of the continent.
President Ruto leverages international platforms to advance an economic agenda under his foreign policy. This includes the Group of 7 (G7) and the African Union which recently appointed him as their champion of global institutional reforms to lead among other efforts, an African Alliance of Multilateral Financial Institutions. He also co-leads an international tax taskforce on driving development funded by the European Climate Foundation.
These efforts to overhaul an unjust and racist international financial system that trap low-and middle-income countries (LMICs), plunging them into debt distress are overdue. Nonetheless, the President does not inspire confidence in these pursuits as his foreign external facing positions do not reflect his domestic positions – and inversely so.
It is therefore difficult to rally behind his efforts on debt restructure, cancellations and reform, when taxpayer money is seemingly being channeled to sustaining the extravagant lifestyles of political elites at the expense of a citizenry that was already contending with unbearable economic hardships.
Over the past weeks, Ruto has deployed state machinery to quell peaceful protesters and media coverage of the civil unrest. These have manifested through enforced disappearances, arbitrary arrests, police brutality and extra-judicial killings. They even unsuccessfully tried to illegally ban protests in Nairobi.
Even so, of the transformative changes that the 2010 Constitution brought was on reforming the Kenya Police Force – an inheritance of the imperialists, into the Kenya Police Service that is to be people-centered.
Subsequently, through the National Police Commission Act the police must maintain the highest standard of professionalism and discipline. Further, they must comply with constitutional standards of human rights and fundamental freedoms in the performance of their duties. Despite this, the Police Service has largely only shifted in name and not in practice as it continues to suffer from a 61-year-old colonial hangover that seeks to hold on to limitless power and impunity.
While it is true that the peaceful protests have in the past been infiltrated by criminals who have caused destruction of property and caused harm to innocent Kenyans, the essence of providing the police with a protest notice is to ensure the protection of protesters and the maintenance of law and order.
Moreover, there is a National Intelligence Service that is equipped and financed to ensure that verifiable threats to the Republic are legally mitigated. It is then ironic that the government claims to be overpowered by youthful protesters carrying phones, placards and water bottles on the streets, while they respond with violence, chemical warfare and guns.
The President must use this historical turning point to bridge the trust deficit that he has created. This should be through the institutionalization of mechanisms for the respect for the rule of law; that will clamp down on the litany of corruption and inept leadership in his administration including limiting the powers of the police.
Ultimately, he must renew fractured social systems and spur economic prosperity. Till then, the Zoomers will sustain disruptive pressure on his government until they finally succeed in voting him out of office in the next election; making him a one-term President – the first in the history of Kenya.
Stephanie Musho is a human rights lawyer and a Senior New Voices Fellow at the Aspen Institute