Ruto power pact a time bomb
Ruto power pact a time bomb
The UDA-ANC/Ford Kenya skewed agreement clearly indicates the main cause of the problem in the management of our public affairs and development.
William Ruto has boxed himself in a corner. And has planted a bomb within Kenya Kwanza that will explode and destroy them very soon! Let me explain:
(a) Musalia Mudavadi has been promised a cabinet position that does not exist in our constitution!
The position of the so-called " prime cabinet secretary" cannot be created through a legislation or executive order.
Such a position can only be created through amendment of the constitution!
(b) The proposed functions for the so-called " prime secretary' will emasculate the office of the Deputy President and hence create jurisdictional conflicts!
(c) Both ANC and Ford Kenya have been promised 30% cabinet positions on condition that they deliver 70% of the votes in favour of Ruto. That is clearly unconstitutional and illegal. The constitution in Article 130(1) provides the composition of the National Executive. Article 130 (2) states very clearly that " the national executive shall reflect regional and ethnic diversity of the people of Kenya." Article 152 (1) places the highest number of people in the national executive as 25. Now If ANC/Ford Kenya takes 8 of those positions, then the rest would be shared by the remaining 42 communities! This is what creates underrepresentation in the national executive. This creates a feeling of exclusion among those not included. It is this kind of arrangement that fans the political disagreements and noise that has bedeviled our country since independence.
Please also remember that there is a correlation between the representation and the allocation of resources, projects and employment within communities,!
In the agreement, Ruto has promised to tarmac several roads and revive several sugar factories in Western Kenya.
There are several principles that guide allocation of resources and development, including:
Article 10 has several values and principles that are key in determining allocation of resources and development. They include: human dignity, equity, social justice, inclusiveness, non discrimination and protection of the marginalised and sustainable development.
In Article 20(5)(b) states: " in allocating resources , the state shall give priority to ensuring the wildest possible enjoyment of the right or fundamental freedom having regard to prevailing circumstances, including the vulnerability of particular groups or individuals" .
In Article 201(b)(iii) "the public finance system shall promote an equitable society and in particular expenditure shall promote the equitable development of the country, including by making special provision for marginalised groups and areas".
There are also planning and budgeting procedures both in the constitution and the Public Finance Management Act.
The Treasury is involved in planning and developing budget estimates. Remember there must be people's participation. The cabinet then approves both the plans and the budget estimate. Then parliament must debate and approve. Only then are the resources released and the project implemented.
I have shared all that to show you that it is not tenable to just put promises in the agreement without taking the principles and the procedures into account. Remember that parliament includes members from all regions. As such they can not just approve resources and projects for one area. They will have to demand resources and projects for their areas too!
In both cases, I am sure that if Western has been allocated 30%, Mt. Kenya, given their high population and high contribution to GDP will demand a higher percentage. If for example they are given 40 % then the Kalenjin and the rest of the communities will be left to share the remaining 30%! You can imagine the complains that will emerge! Ruto has boxed himself into a corner! Just see how William Kabogo who people had forgotten, suddenly became the talking point, simply because he touched the core issues affecting Mt. Kenya. I am telling you, since Ruto will pamper the populous regions of Western and Mt. Kenya, there will be serious rebellion and defection in other areas!