Adani fallout is a lesson on accountability and transparency fight

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This photograph taken on January 11, 2024, shows a general view of the Adani Group owned Mundra Port in Mundra. [AFP.]

The constitutional requirement for the President to present an annual performance report to the nation through a joint session of Parliament is a brilliant inclusion by the drafters of the Constitution. While its significance may initially seem understated, this provision offers the President a valuable opportunity to review and report on their administration’s achievements directly to the electorate.

For voters, this address serves as a crucial platform to track and evaluate the President’s performance annually. President William Ruto’s State of the Nation Address on Thursday provided an opportunity to align the public’s sentiments with his administration’s scorecard. However, given his gift of the gab, a closer examination of corresponding data is necessary to discern facts from half-truths in his many public addresses.

The President spoke for precisely 67 minutes and 43 seconds to make his case to the nation. The critical question remains: did he manage to convince the many Kenyans skeptical of his administration’s performance? To provide clarity and analytical depth, this article will focus on five key themes from the address: public perceptions of the administration, the Adani question, accountability, democracy, and the status of Kenya Kwanza’s flagship programmes.

To be fair to the President, his speech came at a time when the public mood toward his administration is overwhelmingly critical. Listening to discussions across various media platforms suggests that a majority of Kenyans have lost trust in him and his government. Unfortunately, recent events seem almost divinely orchestrated to favour the public while casting his administration in a negative light. For instance, just hours before his address, the indictment of Adani Group investors in the US emerged. But we will return to this issue shortly.

One notable aspect of the address is the President’s acknowledgement of the pressing questions Kenyans are asking about his administration. Early in his speech, he accurately captured the concerns of the people. Among these are whether his government understands the struggles of the common mwananchi, whether it listens to the people, and how long it will take for its promised achievements to be felt kwa ground- to use a popular phrase.

Public’s concerns

By addressing these questions unprompted, the President demonstrated that he is at least aware of the public’s concerns. From a technical perspective, placing these issues at the start of his speech suggested that the address aimed to respond directly to the criticisms and doubts surrounding his administration. But the real debate lies in whether he succeeded in reassuring not only his critics but also his increasingly skeptical supporters.

Ruto’s challenges are further compounded by the growing activism of the religious community and a reinvigorated civil society. In our deeply religious country where many citizens uncritically trust their religious leaders, this poses a threat to his administration. Ironically, during his swearing-in ceremony, the President credited the clergy’s prayers for his rise to power. If that claim holds, one could argue that the same religious community might also pray him out of office- whatever that means.

The second standout issue, which dominated breaking news across mainstream media, was the cancellation of ongoing engagements with the Adani Group. This decision casts a shadow not only on the Kenya Kwanza administration but also on long-standing opposition leader Raila Odinga and deals a blow to the reputations of both leaders.

Systemic failure

This column has repeatedly argued that there is a systemic failure within the government bureaucracy if the President must personally spearhead and defend every initiative. Just weeks ago, the President staunchly defended the Adani engagements, even as widespread criticism mounted over the opaque manner in which these projects were being fast-tracked under public-private partnerships (PPPs).

To be clear, simply cancelling the public engagements with the Adani Group on the airport and powerline deals is not enough. The group is also the lead agency and largest shareholder in the Social Health Insurance Fund (SHIF) system. For those who have accessed the Taifacare portal, it appears to be nothing more than basic Enterprise Resource Planning (ERP) software. It is baffling why taxpayers are being billed a staggering Sh104 billion for such a system.

If the Adani Group is accused of using bribery to secure contracts in transport and energy infrastructure, it stands to reason that similar methods could have been used to obtain the health system contract. The exorbitant cost of the SHIF system and the steep payroll deductions fueling its opposition demand scrutiny. Nothing short of a full, transparent public inquiry into Adani’s dealings in Kenya will convince citizens that these deals were not hatched and sealed in the House on the Hill.

This situation also casts a shadow over other mega deals, including the fertiliser subsidies, the edible oil scandal, and the government-to-government oil agreement. In the back of many minds is the nagging question: could these deals have any connection to the luxurious private jet used for the President’s state visit to the US earlier this year?

This brings us to the third issue raised in the speech: corruption. While the President spoke at length about combating graft, it is disheartening that his administration appears far removed from the constitutional principles of transparency, accountability, and public participation. Instead, it has become synonymous with opaqueness in multibillion-shilling deals, often exposed only when vigilant and patriotic citizens blow the whistle.

Moreover, the President’s veiled criticism of anti-corruption agencies rings hollow when one considers the facts. Many of the high-profile corruption cases that have collapsed involve individuals closely linked to him—some of whom now occupy plum positions in his administration. One is left to wonder: who is fooling who in this fight against corruption?

Gen-Z protests

The fourth issue is that while the President extolled democracy, the rule of law and the rights and freedoms of all citizens, it is evident that his administration is still bitter about the Gen-Z-led protests. Even more troubling are the public claims by security agencies that they are unaware of who is abducting critics of the administration. Even if it is true that criminal gangs are responsible, it is the responsibility of the State’s security apparatus to safeguard every citizen. Our rights, freedoms and the rule of law should not merely be lofty promises in a speech—they must be tangible, lived experiences for all Kenyans.

Finally, I have left until last the question of Kenya Kwanza’s signature programmes despite their centrality to Ruto’s national address. The reason for this is simple: this column has consistently, and with unimpeachable evidence, highlighted the policy missteps and the glaring disconnect between these programmes and the realities of wananchi.

The President doesn’t need to lecture us on initiatives like the Hustler Fund, the Housing Levy, SHIF/SHA, the Competency-Based Curriculum, or the university funding model. Any reasonable Kenyan already feels the weight of these programmes—experiencing firsthand the frustration and helplessness as billions of shillings in taxes vanish into thin air. The youth do not need a reminder of their joblessness; they live it every day.