From: joachim omolo ouko
News Dispatch with Father Omolo Beste
TUESDAY, FEBRUARY 19, 2014

Kosmas from Kisumu writes: “Fr Beste I read your Lenten campaign 2014 review. I also managed to get the website link of the Kenya Conference of Bishops and read the whole book. I was particularly interested on the theme of Good Governance.

I liked the situation analysis in Tswani community on a journey to reform their laws, systems and practices owing to their experiences of bad governance often characterised by excessively powerful institutions, human rights abuses, poor infrastructure, brutal police, unfair courts, skewed development priorities, ineffective service delivery, corruption, impunity, run-away poverty and exclusion and discrimination.

In your own opinion do you think Kenya has made any efforts towards reform as required by the new constitution, especially on constitutional implementations, land reform and police?”

Thank you for this important and crucial question Kosmas. Before I answer your question let us list eight minimum criteria of ensuring good national governance highlighted in the analysis. This will help us argue effectively and professionally whether Kenyan leaders have political will to reforms. They are:

1. Participation, equity, and inclusiveness,

2. Rule of law,

3. Separation of power

4. Free, independent, and responsible media,

5. Government legitimacy,

6. Accountability,

7. Transparency,

8. Limiting the distorting effect of money in politics.

I have outlined these criteria because as mentioned in the analysis in Tswani community, the Constitution of Kenya provides for principles and values of good governance. The national values and principles of governance in Article 10, bind all State organs, State officers, public officers and all persons whenever any of them –

a) Applies or interprets this Constitution; b) Enacts, applies or interprets any law; or

c) Makes or implements public policy decisions.

The national values and principles of governance according to the situation analysis include:

a) Patriotism, national unity, sharing and devolution of power, the rule of law, democracy and participation of the people;

b) Human dignity, equity, social justice, inclusiveness, equality, human rights, non-discrimination and protection of the marginalised;

c) Good governance, integrity, transparency and accountability; and

d) Sustainable development.

To answer your question now, the fact remains that despite the Constitutional provision on the principles and values as the guide for public engagement according to the analysis, it is notable that as a country there are limited efforts to mainstream these principles and values in governance both at County and National governments.

In other words, good governance requires a competent executive that respects the Constitution and the rule of law and that exercises sound leadership. It also requires institutions that counter-balance power and hold the executive accountable.

We must admit that Kenya has indeed embarked on extensive judicial reforms. This began with the exit of the former Chief Justice six months after the passing of the country’s new constitution in 2010. This was followed by a rigorous appointment process which – for the first time – saw applicants for the position of Chief Justice interviewed by a revamped Judicial Service Commission in the presence of the media.

Similarly, applicants for the posts of Deputy Chief Justice and Justices of the Supreme Court were advertised and interviews carried out publicly. Subsequently, Parliament also passed the Vetting of Judges and Magistrates Act in 2011 to facilitate the vetting of serving judges and magistrates – and, if necessary, terminate their employment.

Grounds for termination include delayed judgments, lack of integrity and lack of professionalism, among others. The vetting process, which began in 2012, has already led to the termination of the terms of four Court of Appeal judges.

Another progress of reform is on the vetting of the police that saw Mr Philip Tuimur who has been based at police headquarters in Nairobi and Eusebius Laibuta who was charge of senior Administration Police training college in Emali discontinued from service after being found unsuitable.

On land reform, although the decision by President Uhuru Kenyatta to issue title deeds to residents of the Coast should be commended as an act of magnanimity that aims to stem a problem that has lived with us for half a century now, the fact that the law establishing the National Land Commission (NLC) was based on the premise that the Executive should not, in any way, meddle in the administration of land leaves a lot of question marks.

Since land-related grievances were among the underlying causes of electoral violence in Kenya, with immediate one that followed Kenya’s disputed presidential election results in 2007, land reform must be taken seriously.

While some communities, such as those in the worst-affected Rift Valley Province, invaded land that did not legally belong to them but which they perceived to be their birthright, the fact that conflict in regions in the north and near the coast have been driven in part by land-related interests calls for urgent attention.

The story and analysis in Tswani community challenge greedy and corrupt leaders who after the polls put their own interests before those of the community and the villages. They mismanaged funds allocated to the communities, moved into big expensive houses, bought themselves big cars that cost millions of shillings, furnished their offices with expensive furniture and spent huge sums on entertainment and trips abroad.

The village governments were facing challenges in handling village workers who were demanding higher wages. One strike after the other became the norm; teachers, doctors and nurses all went to the streets, demanding for what they believed was rightfully theirs. Out of frustration, the leaders at the village government level responded by threatening to lay off the striking worker. But this did not stop the strikes.

The villages of Lesedi, and Ulundi were well informed about their rights and understood the responsibilities their leaders were to play as provided in the Tswani Constitution. They did not sit back to watch as the community leaders misuse their power and resources. They formed village forums to monitor and audit the performance of their leaders. In the villages, people were involved in decision-making and project prioritisation, resulting in optimum use of resources.

Fr Joachim Omolo Ouko, AJ
Tel +254 7350 14559/+254 722 623 578
E-mail obolobeste@gmail.com

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