Kenya's crisis of trust and the pursuit of responsive leadership -an uphill task
by admin on | 2024-09-05 20:23:10 Last Updated by admin on 2024-10-18 10:18:08
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The debate over public participation did not end with the High court decision. Instead, it took on new dimensions as the struggle for authentic civic engagement moved to the Court of Appeal. In its recent landmark decision in Okiya Omtatah Okoiti and 51 Others -vs- The Cabinet Secretary for the National Treasury and Planning and 6 Others regarding the 2023 Finance Act, the Court of Appeal observed that the National Assembly\'s failure to provide written explanations for its decisions particularly regarding amendments that contradicted public feedback was a significant breach. The Court firmly disagreed with the High Court\'s view that providing such reasons was merely \"desirable\" rather than mandatory. It further observed that public participation must be more than a formality and that it must be a genuine and impactful process where public input is meaningfully considered and integrated into decision-making. The Court of Appeal’s decision marked a critical juncture in Kenyan constitutional jurisprudence vis-à-vis public participation. By declaring the Finance Act 2023 unconstitutional, the Court reaffirmed the principles of legislative integrity, transparency and public participation. This ruling not only resolves the issues specific to the Finance Act, 2023 but also sets a precedent for future legislative processes emphasizing the need for strict compliance with constitutional standards. The core issue at hand is the severe erosion of trust in our leaders.In the last two years, Kenya has witnessed troubling developments that have exposed a growing mistrust in those in power. The pattern of hasty and opaque decision-making was glaringly evident in the recent controversy over the appointment of new Cabinet Secretaries. On 8th August 2024, the nation was met with disappointment and frustration when the Parliamentary Committee on Appointments tabled its Second Report on the Approval Hearings of Nominees for Appointment as Cabinet Secretaries on 7th August 2024 with the new cabinet secretaries being sworn into office the very next day. Remarkably, this happened on the very day Gen Z had organized a demonstration to demand accountability from the government. The seemingly planned swearing-in of the ministers a day after the tabling of the report demonstrated a concerning pattern of decision-making that is shrouded in mystery. By withholding this crucial information, the National Assembly silenced the public and denied them an opportunity to review, understand and scrutinize the criteria used to appoint ministers thus impeding meaningful participation and democratic oversight while further undermining trust in leadership. This apparent disregard of the Constitution specifically chapter six suggests a concerning lack of commitment to the rule of law and the ethical standards that should govern our leaders. So, it was not only the integrity of the nominees that was in question but also the credibility of the MPs themselves. The public’s faith in the political process was at stake as it became clear that both the nominees and the MPs failed to meet the moral and ethical benchmarks expected of them. This deepening crisis of trust threatens the integrity of our governance and leaves many questioning whether their voices and values are truly represented.
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