Findings of Constitution audit not sweet music to MPs’ ears

When the National Assembly unilaterally set out to audit the socio-economic impact of the new Constitution in 2014, there were no cheers. Senate was distraught by the lower House’s move and questioned the motive behind their sudden action, as the Constitution was barely two years into its implementation. MPs don’t particularly like other institutions created by the new law that ate into their hitherto gladiatory mandate, such as the Senate and some constitutional commissions and offices. Nor do they hide their resentment to the new and many devolution sheriffs who have raided their turf in the countryside, who they believed were a huge cost to the economy.

When consultants published their interim report this week, it was not music to their ears. There were no proposals to scrap the Senate, female MPs or MCAs or constitutional commissions; and there was no conclusion that the new Constitution created monsters that ought to be dealt with. The report largely found the national government, which is under their watch, to be the elephant in the room. Surprisingly, it also debunked several myths about Parliament in general. The report noted that Parliament was not relatively too large, or expensive. A Kenyan MP represents 120,000 people on average while in Africa, it is 83,000. 

The cost of our Parliament based on the 2014/15 budget is Sh550 per citizen, compared to the global average of Sh1,670. The budget of our Parliament is just 2 per cent of the national budget, with salaries being 12 per cent only, and concluded that their salaries are not key drivers of the public wage bill.

It also rubbished all the hype about the public wage bill that had been bandied about. It places the government wage bill to GDP ratio at 6.6 per cent, which it said ‘is in line with international benchmark of 7 per cent’.

It also observed that the national government size remained bloated, with no rationalisation, even in ministries such as health and agriculture whose functions were fully devolved. Not surprisingly, the report says the national government expenditure on these devolved functions is higher than was the case before devolution, vindicating Senate’s position on the Division on Revenue Bill. I also share their conclusion that the impact of devolution on public expenditure size was minimal, an additional increase of below 4 per cent on the GDP before rebasing. It noted that the large increase in public expenditure that has precipitated the huge budget deficit was a result of the ballooning national government expenditure. The report highlighted the weakness of the National Assembly in legislation making, citing the Leadership and Integrity Act, and challenges its unilateral action of locking out the Senate in the legislative process.

Perhaps the report’s most dramatic recommendation is that the Senate be involved in vetting of all presidential appointments, ostensibly to cure the “shortcomings witnessed in the recent vetting activity”. It is the practice globally, and many Kenyans agree that this will enhance quality control over the process.

It suggests a lacuna in the Constitution regarding the lack of a strong linkage between a senator and his county government be addressed, but proposes that pursuant to their role as protectors of counties, senators should not get involved in impeachment of governors.

It proposes instead that he should be impeached by the assembly, and ratified by a referendum by the residents, a proposal unlikely to find favour with senators or the assemblies.