Kibwana: I’ve no regrets joining politics

Makueni Governor Prof Kivutha Kibwana during the interview. PHOTO/JACOB OWITI

What you need to know:

  • The  law scholar was a key force in Ufungamano Constitutional Review Initiative as well as the co-convener of the National Convention Executive Council, which was pushing for a new power structure.
  • He later joined politics and was appointed Cabinet minister in the Kibaki government where he later served as the presidential advisor on constitutional affairs.
    While his friends in the civil society view his decision to join politics as betrayal, the Makueni Governor  has no regrets. He thinks that politics is an opportunity to serve.

Respected cleric and pro-democracy champion Reverend Timothy Njoya thinks that Professor Kivutha Kibwana should not have joined politics. 

According to the preacher, politics erodes the morality and intellect of Kenyan leaders. 

Considered one of the fathers of the civil society movement in Kenya with the likes of Chief Justice Willy Mutunga,  Prof Kibwana was thrust into the limelight when he assumed a central role in fight for the change of Constitution. 

The  law scholar was a key force in Ufungamano  Constitutional Review  Initiative as well as the co-convener of the National Convention Executive Council, which was pushing for a new power structure. He later joined politics and was appointed Cabinet minister in the Kibaki government where he later served as the presidential advisor on constitutional affairs.

While his friends in the civil society view his decision to join politics as betrayal, the Makueni Governor  has no regrets. He thinks that politics is an opportunity to serve.

Q: You are a distinguished law scholar and a teacher.  Why did you abandon scholarship for politics?

A: I cut my teeth in leadership as a dean of the Faculty of Law at the University of Nairobi and a leader of the pro-democracy movement in Kenya. After we had substantially contributed to the formulation of the Constitution by 2002, I thought I should follow it to help guarantee its “Wanjikuness”.

I thought I could also be part of the process of transforming a people-driven Constitution into people-driven development.
However, some of my friends in the civil society believe I had betrayed the cause of reformation by going into Parliament. Rev Timothy Njoya used to tell me; “Parliament is the graveyard of intellectuals”. I believe one can also induce change from within the system as opposed to revolutionary change.

Q: So what drives you?
A: The desire to be always on the side of the people and the God I serve and to be consistent in life as I learn and innovate.

Q; The  Constitution, which you greatly championed, anchored the devolved system of governance.  What is your assessment of the impact of devolution so far?

A: Devolution is unstoppable. Devolution is the centre of the 2010 Constitution. Without devolution, our Constitution is hollow.

Actually, our Constitution is Devolution. In Makueni, over the past one year, for example, we have opened 39 health facilities from where people can access healthcare.

Since independence, we had 116 health facilities. That is the power of devolution. Those who want to be elected politicians in 2017 must be on the right side of devolution.

Despite the current teething problems, devolution is here to stay – unlike in the early 1960s when it was easily vanquished. Devolution is beginning to “equalise” Kenya.

Q: Public participation is a cardinal requirement  of the Constitution on decision-making.  How practical is it in the management of county affairs?

A: People must own their development. They must have knowledge of what is happening in the society. They must create their priorities.

Whether it is budget, projects and any development, our people must be architects. Public participation and civic education are constitutional imperatives.

Before we carry out any project, we discuss it in the community.

We plan the execution together. There is a local committee in charge. Of course a few people are resisting public participation and especially civic education; they are scared of empowered citizens.

Q: What is your understanding of transformational leadership?

A: It is people-centred leadership that recognises that the county citizenry (in our case)  “calls the piper”.

Transformational leadership is visionary. It triggers social knowledge and awareness among the people.

It also ensures genuine public participation in development. Like Ceasar’s wife, transformational leadership is above reproach. This leadership believes, as we say in Makueni, andu mbee (people first) and kila nyumba  o kalila  ( to every household, it’s prosperity).

Q: There is a sense in which you are a minority leader in your county.  How do you manage the challenges that come with this status?

A: I am from the Muungano Party, which has 12 MCAs in the County Assembly. But, I am a governor of about a million people.

I usually ask them what we should do. I go into wards to dialogue with them. I also have tried to create coalition of the entire assembly.

We think it is possible to have coalitions at the county governments. I want to be a political minority leader in the county, but a moral majority leader.

However, being a governor is one of the toughest jobs I have done so far. It is harder than the struggle for the Constitution.

People conceded the Constitution because they thought it is rules on a piece of paper. Conceding the sharing of power and national wealth is a different ball game.

Q: So what is your vision for Makueni County?
A: I wish to be part of creating a Makueni where each citizen and household feels they have a place of choice in their county.

We want our people to participate centrally in their development. We want the youth to take change in economic social and leadership endeavours.

We want a government that is well-structured and one that cannot only deliver services, but a better Kenya too.

Q: Your county has been allocated billions of shillings. What are your priorities?

A: Health is the most-funded sector because most county employees are there. However, our real priority, especially in the 2014/2015 financial year, is the water sector, so that we can trigger irrigation agriculture.

Secondly, we are prioritising all the activities, which creates inventiveness among our people.

An important priority is creating government structures and taking care of roads, which are still a preserve of Kenya Urban Roads Authority, Kenya Rural Roads Authority and Kenya National Highways Authority. However, we are struggling to make county roads motorable.

We started by rehabilitating existing water projects, which cost about Sh3 billion. We want to control our sand harvesting so that we can conserve the sand and have more water.

Q: What is your plan to boost food security?
A: Water harvesting for irrigation agriculture is at the core of our development activities. We are trying to revolutionalise our agriculture from its seminar mode to “real” agriculture focused on where we have a competitive advantage through fruit farming, sorghum, cotton and horticulture. If we revive agriculture, trade and investment, we shall create a climate for prosperity. For every development activity we undertake, we ask how many jobs and opportunities it will create.

Q:  Besides health, what ground have you covered in other devolved sectors?

A: We have employed 900 ECDE teachers, which means about 150,000 households have been provided for.

When we have an army of 1,300 people, cleaning our towns, so many households are provided for.

The major challenge is to fight the poverty in our minds.

Q: What is you comment on public concerns that  governors have become insensitive and out of touch with the  people?

A: Governors and MCAs are the rubber that meets the road, which is the people. Some leaders envy the proximity that we have to the people.

In future, some governors will become presidential candidates. All leaders should share in the prestige that sound devolution will make possible.

The contest of national and county government is a mirage. At the end, we must be one government serving one people. After all, the national government has the most money and mandate.

Q: So why are you (governors) resisting oversight by the Senate?

A: In my understanding, governors have not resisted oversight by Senate or anybody else through article six of the Constitution, which talks about consultation.

The County Assemblies are the central oversight body for the County Executive. In Makueni, we are developing a law to make the citizenry oversight all of us, including MCAs, MPs and senators.

After all, our overall bosses are the people.

Q: Do you agree with proposals that the education levels of MCAs should have been raised as a requirement for election?

A: MCAs are as critical as MPs. Their qualifications should be the same – especially moral and ethical qualifications – as demanded by the famous chapter six of the Constitution.

Q: How are you dealing with the wage bill issue and the competencies of workers you inherited from the former county governments?

A: We inherited many workers from both the local authorities and national governments. Some are not able to fit in the new development paradigm.

The national government must lead in a rationalised process. We need eventually to spend 60 per cent on development and 40 per cent in recurrent activities.

We are now struggling with 70 per cent on recurrent and 30 per cent on development for most activities.

Q: Do you agree with the suggestion that the entire the road and education sectors should be devolved?

A: Counties want to be responsible for their roads as stipulated in the Constitution so that they get fuel levy and other similar funds.

The national government can be responsible for tarmacking and maintaining national highways.

We can also help the national government in terms of infrastructure for the primary and secondary schools. By the third year of devolution, the marriage between county and national governments must be consummated.

Q: What five things do you want to achieve as part of your legacy?

A: A sound government structure and process, a county where we shall sign boards saying: “This is a corruption free county. If you are corrupt go back”.

I want a county where by the end of five years, at least a quarter of our households are practising irrigation agriculture.

I also desire to build a county where people control their development process and are economically, socially and morally empowered – especially the youth. A county from where Kenya can copy some of the way we do things.

Q: How do you define the relationship between development and politics in the new power structure?

A: Often, the national government wants to do what the younger siblings (counties) should be doing.

It wants in 2017 to itemise many things it has done at the grassroots. Both governments can co-own devolution. Instead of fighting about who can best implement devolution, all county governments, MPs, senators and MCAs must read from the same constitutional page.

There is so much prosperity from well-implemented devolution to the extent that all leaders and people can share from devolution’s success.