This is not how to make Kenya great

What you need to know:

  • The President was re-enacting an old order and an archaic structure that Kenyans fought ferociously to dismantle.
  • Must Kenya commit an illegality by paying for Anglo Leasing deals just for the sake of unlocking international cash through the Eurobond?

President Kenyatta issued two directives on Thursday that threw the country into a spin. First, he appointed 47 county commissioners to direct and coordinate functions of the national government at the grassroots, including taking charge of security.

Second, he directed the National Treasury to pay Sh1.4 billion to two Anglo Leasing related-companies on account of a court ruling in favour of the firms. Mr Kenyatta said the country risked being ostracised and blacklisted by international money lenders if it ignored the ruling.

The directives drew public uproar, with the Opposition Cord Coalition addressing a press conference in which it termed the decisions unconstitutional, preposterous and unacceptable and threatened to use both the courts and public protests to challenge them.

Inevitably, the bubbling public anger compelled President Kenyatta to address Kenyans yesterday to clarify the issues, insisting that he had acted in the public interest.

His position on the appointment of the county commissioners was that he was simply delegating powers of coordination of government business and that he was not in any way attempting to undermine the devolved governments. Thus, the objective was to enhance service delivery.

But he never addressed the constitutionality of the decision and the fact that he was re-enacting an old order and an archaic structure that Kenyans fought ferociously to dismantle.

Experience has shown that when the leadership begins to couch its decisions and actions in terms such as service delivery and enforcing peace and stability, the intention is always to numb the public when grave atrocities and transgressions are being committed.

Anglo Leasing remains a blot on the country’s fiscal report. President Kenyatta himself admitted that having to pay made him feel terrible, especially because he believed Anglo Leasing was a fraud against Kenyans.

His only justification was that Kenya’s hands were tied since an international arbitration court had sanctioned the payments.

But this raises fundamental questions that must be confronted. Must Kenya commit an illegality by paying for Anglo Leasing deals just for the sake of unlocking international cash through the Eurobond?

Can the Government explain to Kenyans what the Eurobond is all about and why it is the only avenue for raising cash? Is the amount involved worth mortgaging Kenya for?

An argument that has been advanced is that failure to pay would put our embassies abroad at the risk of auction. Nothing could be farther from the truth for foreign missions are inviolable since they are protected by the Vienna Convention of 1961.

Put together, the two directives do not cast President Kenyatta and the government in good light. An impression is being created of a government hell-bent on violating the Constitution, that is insular, insensitive and driven by arrogance and self-preservation.

If the President read the public mood correctly, he would realise there is discomfort all around and that he needs to review some of his decisions and actions.

As they say, might is not always right.