The Ethics and Anti-Corruption Commission (EACC) has warned of an impending scandal in mitigation measures ahead of the anticipated El Nino rains.

In a letter to various Constitutional Commissions and independent offices and copied to the clerks of the National Assembly, Senate, and all county governments, EACC Chief Executive Officer Twalib Mbaraka called on all county governments to strictly comply with procurement laws.

"It has come to the attention of the Commission that there is disregard of the law, in the initiation and implementation of some mitigation measures, which is likely to give room for financial impropriety and embezzlement of public funds," said EACC. 

Mbarak has at the same time advised that all procurement and expenditure undertaken by the National Government, ministries, and departments including the county government in the El Nino mitigation measures to adhere to the Public Finance Management Act and regulation.

"Accounting officers will be held personally liable for any loss, unauthorised expenditure, or misuse of public funds," said Mbarak. 

The weatherman had in August this year warned of early signs of El Nino rains beginning September 2023 that was to last until January 2023 across the country.

Both the National and County governments swung into action putting in place mitigation plans and interventions aimed at managing the effects of the disruptive rains. By Mate Tongola, The Standard

The toxic political environment that has enveloped the country recently should be a trigger to renew calls for meaningful electoral reforms.

What many analysts today perceive as anger from a section of the opposition is a reflection of the fact that they feel the government has deliberately dilly-dallied on the core electoral reforms that would give them a fair chance during an election. 

The responsibility of tabling reforms essentially falls on the two arms of government: the executive and the legislature. In the previous election cycles, the executive has chosen to play the long game.

When former Prime Minister Amama Mbabazi unsuccessfully contested the outcome of the 2016 elections, the Supreme court recommended that electoral reforms be undertaken within two years of swearing in of a new parliament to avoid “hastily enacted legislation.”

But this was never the case. Instead, parliament waited up to the last minute to table reforms heading into the 2021 elections. They included adopting technology in the management of elections such as electronic transmission of results by returning officers.

Parliament also proposed expanding the period within which to file a presidential petition. It can be filed from 10 days to 15 days. This had been recommended by the Supreme court, which said 10 days were inadequate for a petitioner to gather all evidence from across the country.

The court also called for the expansion of days within which a new presidential election should be held in the event of an annulment of an election - from 20 days to 60 days, which the executive accepted as it hastily tried to push through the reforms.

Yet these reforms, some of which were adopted, did not touch the core issues that the opposition had been vouching for. For instance, the opposition has always yearned for a truly independent electoral commission in word and deed.

The initial proposal was to have members of the electoral commission appointed by an independent body like the Judicial Service Commission and taken through a transparent public vetting process - a departure from the current norm where they are appointed by the sitting president.

What the executive did in the run-up to the 2021 elections was to affix the word “Independent” and call it the Independent Electoral Commission. But in substance, it stayed the same. In essence, this did not change anything for the opposition, which has severally claimed that the current composition of the EC gives the incumbent unfair advantage.

Some opposition politicians such as Dr Kizza Besigye have said it is virtually impossible to defeat President Museveni through an election. Therefore, the sentiments expressed by NUP president Robert Kyagulanyi aka Bobi Wine at his rally in Luweero is just a reflection of this anger.

The anger that begs the question: why can’t these massive crowds that turn up at the rallies translate into electoral victory?

The answer lies in having impactful electoral reforms, which, if well adhered to, will lead to a smooth political transition. This is what needs to be done. The involvement of security personnel in an election needs to be well stipulated and regulated. The Electoral Commission needs to be independent and have security of tenure.

The process of transmitting results needs not only to be electronic; it must also be more transparent like we saw in Kenya. All the declaration forms from the various polling stations must be thoroughly verified and accessible electronically to all members of the public through the EC web portal.

Yet, the most important of the reforms is to trim the powers of the incumbent over certain matters pertaining to elections during a campaign.

There had been a proposal in 2011 by the civil society for the president to momentarily step down during the campaigns and hand the reins to the Chief Justice (since the vice president and speaker may be viewed as partial and in Uganda’s case could be running for elections) but this was shot down.

As it stands now, the political ground is not level. An incumbent in an election still wields much power and can shape the electoral process the way he or she likes. There is nothing under the law that stops an incumbent, who is the commander in chief, from, say, issuing orders that restrict the operations of his or her rivals in case of a national security or health threat like we saw during the Covid-19 pandemic.

Since the incumbent appoints members of the Electoral Commission, the commissioners can’t call him or her to order in case he or she violates an electoral law during the campaigns.

There is nothing that can stop the incumbent from shutting down the internet or social media platforms like we witnessed in 2021. Without meaningful reforms, some analysts believe the country could be headed for tougher times because political players may channel the anger into something else. Something worse.

By Edris Kiggundu, The author is a journalist and political analyst.

The notion of further dividing counties should not be entertained because it does not make economic sense and looks like an attempt to accommodate specific communities and clans for political reasons.

After a proposal by 26 members of Parliament to establish 11 additional devolved units in Kenya emerged, the first thing that crossed the mind of many Kenyans is “what have we done with the 47 counties?” 

This is definitely within their constitutional right, however, concerns rooted in fundamental questions about the effectiveness of the existing counties, especially when this move appears to be driven by political motives and a quest for power abound.

Creation of additional counties would necessitate constitutional amendments to align the number of women representatives and senators with the increased county count, incurring additional expenses.

I am more comfortable with alternative proposals, such as the radical idea of Kakamega Senator Boni Khalwale to dissolve all the counties and form 10 economic units – a concept with clear economic merit. 

It is important to note that in 2016, Trade CS Moses Kuria who was then Gatundu South MP, wanted the number of counties reduced to 18 from 47 to bring down the cost of governing the country. Then Mwingi Central legislator Joe Mutambu also proposed that devolved units be reduced to 25.

China has close to 1.4 billion people yet administratively, it is divided into 23 provinces. For a country the size of Kenya, the 47 counties do not make any economic sense.

Just imagine curving another county to fit the Kuria people or breaking up the densely populated Kisii County into two to pave the way for Gucha County.

It is also laughable that while the world over regions are working towards greater integration, we are seeking to disintegrate even more.

But the real tragedy is that we have not adopted a purely business mindset, but have instead devolved inefficiency, ethnicity and corruption. But all is not lost. For instance, it is crucial to acknowledge the promising beginnings of county collaborations through economic blocs. 

Originally designed to revolutionise regional development, it is about time to empower these blocs further, which at one point represented a promising avenue toward shared prosperity, by capitalising on each region’s strengths while fostering cooperation and synergy.

Conceived as a departure from political manoeuvring and shared economic interests six blocs – Frontier Counties Development Council (FCDC), North Rift Economic Bloc (NOREB), Lake Region Economic Bloc (LREB), Jumuia ya Kaunti za Pwani, South Eastern Kenya Economic Bloc and Mt Kenya and Aberdares Region Economic Bloc – reflect that significant shift driven by county-led integration aimed at accelerating the Kenya’s growth.

The national government must encourage these blocs, but must be made to serve as a mechanism for counties to collaborate, pooling resources, sharing knowledge and addressing regional challenges.
Economic blocs will shape Kenya’s development trajectory and will go along way towards determining the nation’s ability to tackle challenges and seize opportunities.

However, the potential for economic growth through collaborative blocs underscores the need for careful consideration and strategic planning. For example, the FCDC which unites seven northeastern counties can address unique issues stemming from arid landscapes and pastoralist communities. NOREB, comprising eight counties, can leverage its agricultural prowess in the country’s breadbasket, focusing on agribusiness, food security and investment.

The LREB, with its 14 member counties, can harness its collective potential for economic transformation, particularly in agriculture and by tapping economies of the lake.

Jumuia ya Kaunti za Pwani, consisting of six coast counties, must strategize how to prioritize the blue economy, tourism and sustainable development. The South Eastern Kenya Economic Bloc can leverage digital innovation and financial inclusion, expanding access to financial services and supporting entrepreneurship using Konza as a launchpad.

The Mt. Kenya and Aberdares Region Economic Bloc must unlock the agricultural and industrial potential of its ten member counties for inclusive growth and pool resources for value addition purposes.

By marching forward in one accord, this will help spike own revenue for counties but also create synergies that can work alongside national government and deepen development countrywide. This can help make a case for devolved units as centres of growth. By Fred Aminga, The writer is the Business Editor, People Daily