The National Constitutional Review

Danger in Not Taking up Our National Leadership Roles

Almost 50 years since independence, we are faced with a great opportunity of re-inventing the future of this great nation, through the envisaged constitutional review. Wananchi have given their views to the Committee of Experts – COEs. The same committee had scanned through volumes of data collated from previous efforts of reviewing the now contentious constitution.

When all the contentious issues are agreed on through parliament and eventually the envisaged national referendum, the task of ensuring responsible leadership will still rest on the voters of this great nation. It is Wananchi   who will eventually decide who implements whatever will be the outcome of the review. So, whether the constitutional review efforts will bring the desired results or not will fully depend on the voters. Why do I have this great feeling?

Some months ago, I had this opportunity of listening to Michael Waweru, the KRA Commissioner General. During his talk at a British Council Leadership Forum, this Chief National Taxman was at pains explaining that his role is only one way – to collect and remit taxes to the government and no more. “The application of the taxes is beyond KRA. In fact, you tax payers are better placed to control the usage of taxes,” said the seemingly unexcited taxman, in answer to a question from an inquisitive ‘tax payer.’ Whaaat?

That must have been the question that was uppermost in the minds of most of the listeners who are without doubt part of the tax paying clientele. But surely, how do we control monies which are already out of our hands in form of taxes?  Notably, this is the revenue that funds government expenditure, Infrastructural development, Constituency Development Fund, Free Primary Education and many other national financial commitments. Incidentally, the strength of any institution including the state itself depends on the financial might as well as effectiveness and efficiency of management of the financial resources.

Apparently, we may not escape responsibility on mismanagement of our national resources as implied by Michael Waweru. Middle class Kenyans may even be more culpable. During electioneering, these Kenyans are too busy attending to their jobs or other personal interests. Many do not even have time to vote or even influence policy direction, yet they contribute much of the national tax revenue especially through direct taxation. In fact, many do not treat the exercise as their duty to stamp authority in management of national affairs. The voting process is largely left at the mercy of politicians and most of the times the highly manipulable ordinary Wananchi. The results are obviously in the public domain.

Ironically, these ordinary Kenyans are more often than not only marginal tax payers, perhaps only through value added tax – VAT. Effectively, highly tax paying middle class Kenyans leave their fate, largely at the mercy of ordinary Kenyans. For not participating fully in the electoral process, could the middle class be blamed for misallocation of the taxes that they have themselves painfully contributed?  Your guess is as good as mine. One may however tend to agree with Michael Waweru. We are ourselves to blame for not participating fully in putting in place the leaders that we would like to see managing our national resources and institutions. More than ever before all of us should now actively participate in putting in place morally upright and credible leaders who can be trusted to take care of our national institutions as well us inspire us into the future.

Meanwhile, the management of our national tax revenue is one of the most important functions bestowed on our national leaders. Effectiveness of the management depends on the people that we put in office to act on our behalf.  So, no matter how well worded or effective the new constitution will be, we will all without exception be required to actively play our leadership roles either as voters or leaders. The alternative is dangerous since the envisaged new constitutional order will only help in redefining the national laws and responsibilities of both the leaders and the voters.

Mwangi Wanjumbi

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