Friday, April 4, 2014

Only Parliament can save the Transition Authority by rejecting controversial Bill

Opinion and Analysis
     From left: Busia Governor Sospeter Ojaamong, Mr Kaibe Eric and Mr Peter Wanyama during the first day of the Annual Devolution Conference at Leisure Lodge Resort in Diani, Kwale County, on Wednesday. Photo/Kevin Odit
From left: Busia Governor Sospeter Ojaamong, Mr Kaibe Eric and Mr Peter Wanyama during the first day of the Annual Devolution Conference at Leisure Lodge Resort in Diani, Kwale County, on Wednesday. Photo/Kevin Odit 
By MARVIN SISSEY

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One of my grandfather’s stories that I cherish is that of the wise old man and the butterfly. The old man was well known in all the neighbouring hills and the valleys as one whose wisdom was unrivalled.

His reputation for sobriety and fairness was celebrated and hence many came to him seeking advice on different issues. But there was this young cheeky boy who always wondered if he could manage to call this old man’s bluff by revealing his inadequacies in the wisdom department.

One day, the boy decided to test him. He approached him with a live butterfly hidden in his hand. He then posed the question: “Old wise man, is this butterfly I am holding in my hand alive or dead?”
If the old man said it was alive, the boy would crush it. If he said the butterfly was indeed dead, the boy would let the insect fly away untouched.

Flinching
The old man looked keenly into the young boy’s eyes, and without even flinching, replied: “Only you, young man, have the power to determine whether the butterfly is dead or alive.” The young boy remained there, fazed as his trick fell flat on his face.

I would like us to think of the old man in this story as Kenya’s new Constitution and the young boy as the executive and the butterfly as devolution.

It is a widely accepted fact that the gains of the Constitution have been unrivalled. It is obvious, however, that the biggest loser since the promulgation of the new governance document has been the hitherto all powerful presidency. Indeed, this new Constitution is in many areas synonymous with devolution.
While no one seems to have a clear idea what devolution is, there seem to be an undeniable consensus that it is a good thing.

Thus everyone, even those who it is clear do not have any good reason to like devolution are shouting on top of their voices how much they love it.

But like the young cheeky boy, silently, they are plotting the downfall of devolution so that it can take centre stage once again. But this would be politically perilous.

So the executive comes up with clear agenda to pose challenges to this old wise man. Challenges that seem innocent enough like: “Is this butterfly alive or dead?”, yet they are challenges that if the old wise man gets wrong, his fate is sealed.

They have been cunning in dealing with matters of transition to the devolved governments. My eyes are focused on the Ministry of Devolution and Planning.

They have been very keen on bungling the transition to devolved government through a sustained effort to undermine the statutory institutions that were clearly put in place to ensure seamless transition to devolved units.

In particular, they have found a nemesis is the Transition Authority, which they mistakenly thinks is competing for power to control matters devolution.

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