Only nine months in office, President William Ruto ’s administration’s actions have done little to differentiate it from the previous regime, even after vowing to chart a completely different governance path.
A reactive approach to corruption , a government largely made up of appointees from two communities, punitive taxes and use of security and investigative agencies to settle political scores as well as attempts to usurp powers of independent offices are becoming the order of the day.
After a bitter fallout with his then boss former President Uhuru Kenyatta , who supported an opposition candidate in the 2022 presidential election, Dr Ruto promised to chart his own path. Scathing in his attacks against his predecessor during the campaigns for various ills, the Kenya Kwanza leader promised a fresh breath of air.
However, when he unveiled his 22-member Cabinet in September last year, he failed the inclusivity test just as his former boss did. Of the appointees, half were either from Mt Kenya region or Rift Valley. The list of principal secretaries followed a similar pattern, and so did those of heads of government parastatals and agencies. Out of the 51 PSs, only 13 are women while 27 are either from Mt Kenya region or the President’s community.
The President had also pledged to deal with cronyism. However, he has continued the trend despite criticism from various quarters, including the church. Anglican Archbishop Jackson Ole Sapit decried the creeping in of tribal and regional appointments in the public service.
“There is glaring tribalism and cronyism particularly with regard to public appointments. This is not acceptable,” said Mr Sapit.
President William Ruto (top left) and his predecessor Uhuru Kenyatta (bottom right) chair Cabinet meetings at State House, Nairobi.
Photo credit: File | Nation Media Group
“This government is a company that has shares. There are owners who have the majority of shares, and those with just a few, while others do not have any,” he said.
President Ruto seemed to agree with this view when he defended the skewed appointments, saying world over, there are certain considerations made, including appeasing one’s support base, while making political appointments. He said those who supported him during the campaigns had legitimate expectations of appointments and other benefits as long as they have the qualifications.
A bloated government was another criticism that the Uhuru government faced when it decided to appoint chief administrative secretaries (CAS). Despite campaigning on the platform of a government keen to reduce wastage witnessed in the Jubilee regime or creation of positions for elites and friends, President Ruto not only borrowed from his ex-boss’s playbook, he outdid him.
The President appointed more PSs and CASs than were in the previous regime. Mr Kenyatta had 29 CASs and 44 PSs, while President Ruto has 50 and 51, respectively. In his defence, he said his agenda for Kenya needs more hands and minds.
The Kenya Kwanza government has also been accused of capturing independent institutions in light of mass termination of mega-corruption and economic cases against politicians allied to the President. Director of Public Prosecutions Noordin Haji surprised Kenyans by dropping murder charges against Public Service CS Aisha Jumwa , as well as graft cases facing DP Gachagua, Agriculture CS Mithika Linturi, former Kenya Power boss Ben Chumo and activist-cum-business lady Mary Wambui, among others.
Chapter 15 of the Kenyan Constitution cites the NLC as one of the independent commissions and offices protected by the supreme law. Article 67(g) of the Constitution grants the NLC the authority to assess taxes on land and premiums on immovable property in designated areas. It further outlines the commission’s responsibilities, including managing public land on behalf of the national and county governments.
The constitution stipulates that any revision of the mandate of a constitutional commission would require a constitutional amendment.
President William Ruto, DP Rigathi Gachagua and Prime Cabinet Minister Musalia Mudavadi with the newly sworn-in Chief Administrative Secretaries (CASs) at State House, Nairobi. (Below) President Uhuru Kenyatta makes his remarks during the swearing-in ceremony of CASs at State House, Mombasa.
Photo credit: File | Nation Media Group
Since the Kenya Kwanza government assumed power, there has been a systematic and sustained purge as well as interference in different government agencies as the President gets rid of senior officers appointed by his predecessor. Dr Ruto has replaced heads of various State corporations and agencies with his allies. The same President had raised concerns over his allies being targeted by his ex-boss with trumped up charges and being relieved of their positions after their fallout.
The opposition have also complained of State machinery being used to harass its supporters, pointing to the recent tribulations facing Mr Maina Njenga.
“Maina Njenga has since been vilified and harassed, they have carried out searches in his residences, planting some kind of evidence to try to vilify him and find an excuse to arrest him and detain him,” said Azimio la Umoja One Kenya leader Raila Odinga .
In 2018, Mr Kenyatta faced criticism from Kenyans over new taxes contained in the Finance Bill, 2018. They accused the government of forcing them to dig deeper into their pockets, while the government presided over wastage, theft and corruption.
A similar scenario is unfolding, with the Kenya Kwanza government also on the spot over a raft of new punitive taxes at a time when Kenyans are battling with high cost of living.
The controversial, mandatory three per cent housing levy , planned increases of National Social Security Fund and National Health Insurance Fund deductions, and doubling of Value Added Tax on all petroleum products from 8 to 16 per cent have angered Kenyans, even as President Ruto says the new levies must be implemented.
Nandi Senator Samson Cherargei, a fierce defender of the current regime, was bullish that the Finance Bill 2023 will pass as is despite protests from Kenyans.
“People are saying we are introducing new taxes in the Finance Bill. We must get those taxes. We need money to provide services to that person in the village, Mama Mboga and boda boda rider. I can confirm to this House that the people in Nandi are supporting the Finance Bill as it is because they want resources,” he said.
The Uhuru regime attempted to introduce a housing levy, but retreated after public outcry.
Nyamira Senator Okong’o Omogeni faulted the push to approve the new levies, saying the government must be conscious of how the new taxes will affect the common citizen.
“I want to caution the UDA administration. You have to be sensitive with the way you deal with Kenyans, especially the people in the lower cadres. When we pass any taxation, we must be conscious of how it is going to affect the common mwananchi,” he said.
Political numerical advantage
Another action mirroring the previous regime is the use of political numerical advantage to bulldoze through unpopular legislations or proposals.
President Ruto met MPs allied to his government at State House Nairobi to whip them into support the passage of the Finance Bill. The move is reminiscent of the previous government used its numerical strength in Parliament to ruthlessly run roughshod over dissenting voices.
In February 2022, the National Assembly witnessed ugly scenes as MPs raised the debt ceiling, with lawmakers allied to Mr Kenyatta and Mr Odinga ganging up to push through the vote. A similar tactic was used to remove Senate Majority Leader Kipchumba Murkomen, Whip Susan Kihika and National Assembly Majority Leader Aden Duale and Whip Benjamin Washiali in 2020. These leaders had previously been used to push through government agenda.
State House meetings were also usual in the former government, especially when the then President had government business he wanted pushed through in Parliament.
Dr Ruto has been on the charm offensive to lure Azimio MPs to his side of the political fold as he builds a super majority in the legislative arm of the government, just as his predecessor did through the handshake.
From one side of his mouth the President says that he wants his government to be held to account by having a strong opposition, but the other side of the mouth has been used to lure opposition lawmakers into Kenya Kwanza.
Committee leadership positions
During his predecessor’s second term, opposition MPs went to bed with the government after the March 2018 handshake, with some getting plum committee leadership positions—Gladys Wanga, for example, chaired the Finance committee of the National Assembly, a preserve of the government side.
As was in the previous Parliament, both speakers of the Senate and National Assembly have been accused of being partisan by ensuring government business is not defeated and frustrating the opposition.
Efforts by Azimio to de-whip their errant members or change their leadership in both Houses have faced frustrations. Most recently, a bid by Azimio to remove nominated MP Sabina Chege from her deputy whip position has faced roadblocks in the National Assembly.
A similar move to remove Isiolo Senator Fatuma Dullo as Minority whip in the Senate dragged on for months before Speaker Amason Kingi effected the change.
Starving counties of equitable share of revenue was a problem in the Uhuru regime to the extent of senators going to court to ensure counties get their rightful allocation. This time round, although it did not get to the courts, the government ignored the recommendation of the Commission on Revenue Allocation (CRA) to send Sh407 billion to the devolved units for the financial year ending June 2024.
After easy passage in the National Assembly, where the Sh385 billion proposal by the Treasury was adopted, the County Revenue Allocation Bill received the same treatment at the Senate despite protests from Azimio which was pushing for adoption of CRA’s recommendation.
Counties have also continued to suffer delayed disbursement of funds, which often led to county staff going for months without pay.
