How 2010 Constitution burdens us (2024)

• Both the World Bank and the IMF will, undoubtedly, demand that the wage bill be reduced.
• The real issue lies in excessive representation and exorbitant wages
• The seeds of this crisis were sown during Kibaki’s tenure and nurtured by the UhuRuto regime.

The ongoing protests by doctors urging the government to honour its collective bargaining agreement (CBA) with them serve as a stark reminder of the dire situation in Kenya. The government’s failure to meet these demands, coupled with discussions on an unsustainable public wage bill, barely scratches the surface of the issue.

The seeds of this crisis were sown during Kibaki’s tenure and nurtured by the UhuRuto regime with even the opposition leadership under Raila Odinga enabling and participating in exacerbating the situation.

So, what are the root cause of this chaos and how are events likely to unfold in the months and years ahead?

First is the glaring issue of misguided and conflicting government priorities. It’s understandably infuriating for the medical fraternity to hear that there are no funds available for internship arrangements while witnessing the government allocate significant sums for extravagant renovations to the official residences of the President and his deputy, especially at such an inopportune time.

Moreover, allocations for the Office of the President and Parliament have seen substantial increases in the current fiscal year. These increases are sustained by considerable external funding (debt) and escalated revenue through taxation.

It’s worth remembering that the government recently fought in court to lift the cap on the number of zero-value chief administrative secretaries (CASs). These positions, likely to be filled by unsuccessful politicians and loyalists of the system, would only contribute to, rather than alleviate, the issue of the “unsustainable wage bill”.

This underscores the unfortunate truth that government resources have been diverted to support the hardly working political class rather than prioritising the needs of civil servants who serve the public. Regrettably, the government seems more inclined to invest in politicians rather than ensuring the provision of essential healthcare services for the citizens. This is the harsh reality that we face.

This twisted mindset and practice stems from the appropriation of the well-intentioned majimbo (devolution) campaigns by self-serving politicians, which gave rise to the 2010 Constitution and the cumbersome entity known as “counties”. To put it in perspective, India, with a population of 1.5 billion people, has around 900 national elected leaders; contrastingly, Kenya, with a population of 50 million, boasts 416 Members of Parliament (members of the National Assembly as well as senators).

Absurdity

Moreover, the salaries of various officials—including members of the county assembly (MCAs), county and national assembly speakers, MPs, woman representatives, cabinet secretaries, the Deputy President and the President—far exceed those of their counterparts in strong and emerging economies like India and China.

For instance, an Indian MP or cabinet member earns an all-inclusive salary of less than Sh100,000 a month—which is less than a tenth of what our MPs earn and significantly lower than the earnings of semi-literate MCAs.

The absurdity doesn’t end there. Another costly layer exists: A secondary ecosystem of state officials appointed by top-tier politicians. These bureaucrats and functionaries are strategically placed in key roles and generously compensated to either facilitate or conceal corruption at both the national and local levels. They lead opulent lifestyles, showcasing their unexplained wealth through lavish mansions and extravagant constructions in villages and towns.

The agitation or public protestation by doctors against high taxation is merely seen as a nuisance by these two groups controlling national resources. As resources are limited, these individuals cannot indefinitely sustain their high salaries while continuing to divert and loot public funds.

Both the World Bank and the IMF will, undoubtedly, demand that the wage bill be reduced. Unfortunately, this is likely to result in the retrenchment of essential personnel such as teachers, doctors, nurses, police officers and other government employees. Those who manage to retain their positions may face salary cuts. Politicians, both in government and the opposition, would likely unite in this effort.

However, the real issue lies in excessive representation and exorbitant wages. In essence, do not expect Raila or any other politician to advocate a reduction in the number of constituencies, counties or the halving of their generous salaries. They knowingly created the mess. They would rather see you suffer than enact reforms that would benefit the common good.

Ultimately, the current path leads to severe inequality and the erosion of public institutions. What is the possibility that those in power, who enrol their children in private academies and seek medical care at Nairobi Hospital or abroad, would lose sleep if Kenyatta National Hospital were to collapse? This scenario has already played out in Haiti; we may be just a few decades behind.

Mr Chesoli is a New York-based development economist and global policy expert. [emailprotected].