Search
Close this search box.

Can Kenya be Governed without Bribery or Dictatorship?

Kap (07-07-2024)

I have been reviewing my notes from 2020, two years before the presidential transition. The distance between the dream then and the reality today is short and distant simultaneously. Though yesterday’s aspirations are still feel fresh and vivid, today’s reality suggests the dream is as distant as ever.

Under the overall rallying call of “The struggle for the true liberation of Kenya”, the mantra among the idealists in the small think-tank that I belonged rung with emphatic and emotional certitude: a better Kenya for all is possible.

The aspiration of Kenyans, what they have always wanted, was crystal clear to us: a dignified and fulfilling life made possible by a political, social, and economic environment that enables and facilitates the full expression of their human potential.

What is holding Kenyans back was also easily identified as the enduring vestiges of 44 years of Kenya as a colonial State. Kenya, as a colonial construct, was built on a servant/master foundation in which the country existed as a supply source to the British Empire, with the ’natives’ seen not as citizens, but subjects at the service of a privileged elite. This stratified structure with a select elite at the top, was maintained and sustained through brute force, subterfuge, and divide-and-rule tactics. After independence, we continued it and added three deadly ingredients: tribalism, incompetence, and systemic corruption.

Having done the diagnosis, our prescription was simple yet bold:  empower the powerless, (mpe mnyonge nguvu). The belief was that, by facilitating the self-organizing power of communities from the bottom up, the teaming masses at the bottom of society – the hustlers – would be empowered. With economic and political power rising from the bottom up, we believed the vestiges of the colonial governance structure would finally be overturned, ushering in a new re-imagined state: “…a Kenya whose governance is democratic, devolved and accountable; whose economic model delivers broad-based shared prosperity; and whose citizen’s power derives from education and knowledge that is contextual and global, enabling them to participate creatively in improving their individual and collective wellbeing.”

That was the dream.

After the elections, the dream of a new Kenya appeared to receive a significant boost after three powerful dynasties (Kenyatta, Moi, Odinga) were defeated at the polls against all odds by a ‘hustler’ that had risen from the bottom rungs of society. The future appeared bright.

And then the governance started.

Twenty-one months into governing (June 25, 2024), the country erupted in country-wide protests, triggered by a controversial Finance Bill, and led by a restive youth in what has come to be called the Generation Z (Gen-Z) revolution.  While the President has climbed down and made significant concessions, the genie appears to be out of the bottle. Although the future of the revolution is uncertain, the country’s governance is unlikely to remain the same from here on.

What happened to bring about the current situation?

Many things happened, but the following two stand out.

Hearts and Minds

The battle for hearts and minds, indeed the battleground itself, namely the public’s mind, was abandoned. The hope-filled and elevated promises of the campaign period crashed against the complex reality of results delivery. It was clear from the beginning that the timeline promised for results was unrealistic. And yet there was no deliberate effort to sustain the battle for hearts and minds; to keep the population hopeful and supportive. A simple truth was forgotten: change that brings gain through pain is often resisted if the delay is not communicated well, or not at all.

Another truth forgotten was this: the promise of reward is only believed when actions speak louder than words.

Position, Power, and Pride

Once the battleground was abandoned, there appears to have been a scramble to consolidate individual positions and power. As is typical of human nature, some got carried away with new-found power and wealth and started flaunting it at a time when the citizenry was being asked to pay more taxes.

The battle for the public’s mind having been deserted, detractors occupied it and consistently pushed their narratives. They succeeded in shaping the public’s perception of the government. This was not surprising because when a certain message is repeated many times, and amplified in multiple channels, it is often believed even if the message is erroneous. Falsehoods, if emotionally resonant, travel much faster than truths, especially in the era of social media. Writer Jonathan Swift said it best when he is reported to have said: ‘Falsehoods fly, and truths come limping after it.’

A digital generation sprang into action with a ferocity that shook the established order. After days of rage, the government had two choices: to remain obstinate and risk tipping the country into irreversible anarchy, or relent. It relented. The Gen-Z and Millennials had won – for the time being.

It is a delicate moment.

Revolutions are carnivorous beasts. Once they taste blood, they demand more, until no blood is left!  Is this where the country is headed? Could this be a true inflection point in the governance of our country, or is it the beginning of endless and exhausting cycles of gains followed by losses; two steps forward, five steps back?

The answers to these questions depend on another question whose answer may appear obvious, but it is not. Stay with me.

Can Kenya be Governed without Bribery and or Dictatorship?

The 2010 Constitution is hailed not only as a significant turning point in the struggle for Kenya’s liberation struggle,  it is also one of the most progressive. We celebrate it. However, we have not fully reckoned with its inbuilt constraints.

Public policy proposals must run the gamut of constitutionally mandated hoops before they become law.  Public participation is not well defined and often provides an opportunity to cash in as each stakeholder demands to be consulted. Parliamentary committees (in both houses) must have their say and routinely demand to be ‘facilitated’ – a euphemism for bribery. Once it reaches the stage of the full house, the whips take over in ‘facilitating’ enough influential voices to tilt the vote in the desirable direction.

It does not end there.  Constitutional purists and, frankly, hired legal mercenaries, can jump in at any point and rush to court to stop the proposed law from being enacted or implemented.

Then it is the turn of the judges to be ‘facilitated’!

Now, add to this mix intra-coalition or inter-party political mischief and ethnic rivalry, and you get a nasty cocktail of corruption, self-interest, activist-fame-seeking antics, incompetence, ignorance, and poor communication.

And it doesn’t end there! Once the law is passed, it needs execution, enforcement, and regular monitoring and evaluation.  Where these roles rely on the performance of the civil service, you must contend with an entrenched  culture: soft sabotage, passive-aggressive actions or non-actions, and chronic rent-seeking behaviour. It is an open secret that only a fraction of the public workforce does a full day’s job. Many spent most of their time pursuing private interests – except where there is an incentive such as travel, workshop allowances, and training.

Concerning the current government, there is the added complexity of the oversized and duplicative role of the President’s Council of Economic Advisors (PCEA). This body was intended to provide strategic policy advice – modeled on the US’s Council of Economic Advisors CEA). That the PCEA is now heavily involved in policy implementation and operational decisions is not only regrettable, but it is also likely to confuse the accountability structure of some ministries.

So, what to do?

It is tempting to ignore the dictates of the Constitution and the law and bulldoze matters. Is this the realization that former president Uhuru Kenyatta came to when he ignored some court orders?  Ignoring court orders is fraught with risk as it will immediately be seen as dictatorial and can provoke violent protests.

That leaves one option – the power of persuasion through effective communication.

Will this be enough, or must we accept a certain level of ‘facilitation’ as the standard operating procedure in our country as we strengthen institutions? Do Kenyans, Gen-Zs included, understand the scale of our structural problems, including meddling by external forces?

It is clear to me that leading Kenya today under the 2010 Constitution in the Digital Era requires superior – even rare – leadership skills. If our current leader learns lessons from the Gen-Z protests and seizes the opportunity, he could be the one who makes this moment a true inflection point.

So, is it possible to govern Kenya without bribery or dictatorship? Yes, it is possible, but it is incredibly tough!

Picture of Kap Kirwok

Kap Kirwok

Kap Kirwok (Kap) creatively combines his duties as a writer and strategist to contemplate the mysteries of the human experience. He writes not to sell but to tell tales to himself.