Rio...Here we come | Page 50

understand how unnerving the realities limited; therefore, the need to have other constitutionally independent offices. If there are no constitutionally independent and well-resourced public institutions, a predatory government is inevitable. Let us entertain some views as to why there appears to be lack of political will to entrench a culture of horizontal accountability. Firstly, the lack of political will to disperse political and fiscal powers to the devolved units could be because of insatiable desires to centralise power. The anarchy-like instances, such as the power struggles between the Senate and the National Assembly, that has seen some individuals calling for the abolition of the senate, clipping of the powers of independent commissions and unashamed disregard for the public will could be indicative of the uneasiness the political class have with devolution. And the behaviours of some of the state agencies have also indicated their readiness to curtail civil and political liberties. For instance, the standoff between national assembly and the media, and the police and protesters against the MPs move to increase their salary and the onslaught by political parties loyalists directed towards the members of the civil society and the international community who are acting to watch over people’s rights. Secondly, the onslaught on different sectors of society could be a calculated move by self-seeking cabal to subvert democratic institutions, because there seems to be a political paralysis. With realities of devolution sinking in, the political class that has previously monopolised state power seem under siege by the new political spaces the constitution has created. The auctioneers of state power seem unnerved because if successful, devolution is likely to broaden opportunities for everyone. Something that threatens the kind of relations politicians have come to establish with the poor. Finally, fighting devolution is tantamount to narrowing political and economic spaces the Constitution has created for people. The devolved system of government cognisant of the problem of ethnic polarisation aimed to create institutions that could foster collaboration among the many tribes of Kenya at the same time creating conducive environment for foreign investments. The centralised system of governance traps populations in ethnic struggles to “control state powers”. Therefore, Kenya cannot be a stable democracy when the political class is hell bent on weakening institutions of accountability. It is critical that the political behaviours of the political authority demonstrate respect for the Constitution, and by extend the people of Kenya. Already it appears the public have realised that political parties make no meaning after politicians have secured their positions. D E V O L U T I O N W A T C H of the new political institutions such as the senate could be to the proponents of status quo. The call to abolish the senate could be a larger and well calculated scheme to whittle away constitutionally Can Our Political Culture Sustain Devolution? By Zacharia Chiliswa independent offices that are meant to check the state exercise of power. Of late Kenyans have been treated to spectres of resistance and in some cases power struggles by state officers not ready to embrace the idea of public accountability. A For instance, struggle between the The over 20 years of struggle for constitutional reforms aimed to achieve the decentralisation of power and entrenchment of the centrality of the people’s participation in governance. Since the promulgation of the Constitution, Kenyans have witnessed how some state officials have resisted the demands of the law. In many instances sectarian interests have trampled on constitutional requirements such as public participation. In the last five decades Kenyan politics has been characterised by political leadership that convert public goods to private goods, channelling them to their friends, families and cronies. The political regime of the day snuffed out people’s civil and political liberties. Such were the state Again, we must abuses that the 2010 Constitution sought to cure. The devastating effects the repressive regimes have had on the political culture of the people stands in the way of the liveliness in governance the 2010 Constitution might have. political class and the Constitution Implementation Commission (CIC), the Salaries and Remuneration Commission (SRC), the Police Oversight Authority (POA), the Ethics and Anti-corruption Commission (EACC) and the Office of Ombudsman. In a republican state that Kenya is, horizontal accountability is a vital principle of governance. In developing democracies that are faced with the challenges of ethnic polarisation, and politics of brinkmanship, the checks and balances by the normative three arms of government have proven to be s the debate on whether or not to abolish the senate rages on, one might wonder what has changed since the promulgation of the Constitution in 2010, that the Senate is now deemed unnecessary. Is it sheer greed, hunger for power or hangover from the past regimes for absolute control? Or is it plain ignorance as to why Kenyans voted for a devolved system of governance? Or is it mere politicking by attention seeking individuals? There are many reasons why the Kenyan people clamoured for constitutional reforms; key among them included unconstrained exercise of power by the executive, lack of public accountability, ethnic polarisation and skewed allocation of public resources including state appointments. The writer is the Programmes Coordinator, Jesuit Hakimani Centre 50 THE SEED - VOL 25, No. 7 JULY 2013