President Uhuru Kenyatta with other Heads of States and Governments at the G7 Summit in Taomarina, Italy
By Nzau Musau
SUMMARY Presidency is much-coveted and seems to have retained the extravagance of yesteryears, devolution of power and resources notwithstanding President resides in an official, historical and well-known address - the State House President Uhuru is the commander-in-chief of the Kenya Defence Forces , the only civilian in the force capable of issuing orders The allure, the power and the ...grandeur of state office is at the heart of Tuesday’s contest for the 1,930 political positions on offer. At the top is the much-coveted Presidency which seems to have retained the extravagance of yesteryears, devolution of power and resources notwithstanding.
The allure is neither in the Sh1,443,750 gross salary per month nor the impressive allowances and emoluments that come with the office. Some, like the sitting President and his deputy, can make that and probably more in a day. The magnet is in the political power the holder of that office controls as the alpha and omega of the two levels of government, ultimate enabler in access of resources and values as well as the “hirer” and firer of hundreds of top executive jobs.
“Devolution of power and resources aside, we went for an executive presidential system of governance in which the centre holds a lot of sway. By law, the National Government which is headed by the President still controls 85 per cent of the sharable revenue between the two levels of government,” ex-constitutional review commissioner Prof Musili Wambua says. Immense resources Wambua says the immense resources availed to the presidency by the constitution is the reason why President Uhuru Kenyatta is able to base his re-election campaign principally on development record.
The discretion afforded to the presidency on many important matters of the republic elevates him to an enviable place, he adds. ALSO READ: Board ‘deregisters’ Rosemary Odinga's NGO But Prof PLO Lumumba disagrees on the question of comparing the grandeur of presidency in light of devolution: “Is it not the case that we must have a President? In my view, devolution was not about emasculating the presidency but improving governance.” Besides the tens of Cabinet secretaries whose top jobs are dependent on him, more top executive jobs like principal secretaries, ambassadors and heads of state corporations fall under his whim.
He is the commander-in-chief of the Kenya Defence Forces (KDF), the only civilian in the force capable of issuing orders. Residing on his pen and hand are sweeping powers to confer honours, veto legislation, suspend county governments, declare state of emergencies and pardon convicts among others. What’s more, the President resides in an official, historical and well-known address - the State House. His wife is automatically enlisted in the Office of the First Lady complete with staff and state facilitation for promotion of public good.
“The fact that the President can manipulate public finances, public jobs and dish them out at whim is good reason enough why the presidency is bitterly contested. But significantly, we have not clearly understood the relationships between the national and county governments,” Dr Francis Owaka says.
According to Owaka, the disregard for county governments, misunderstanding of the philosophy of devolution and overarching desire to perpetuate the old is what informs the ruthless desire for the top seat.
ALSO READ: Ken Tarus confirmed as Kenya Power chief executive “Look how the current President has gone around dishing state resources during campaigns.
No governor can match him because they are checked by MCA’s, Senate, Controller of Budget, anti-corruption commission and others. The President can afford to ignore all these,” Owaka adds. Although governors are like “mini-presidents” in their own counties, they are assailed at every direction of their excess by overzealous MCA’s, the undisputed foot-soldiers of devolution.
They appoint and set up the county executives, prepare, direct and coordinate the implementation of county budgets. Unlike the President, there are 47 of them and they collate in the Council of Governors, a less influential body.
Like the President, they enjoy 24 hour security, official transport, aides and wide measure of political discretion at the county level. The presidency is, however, nothing like the governorship.
His 24-hour security is secured by elite forces, his on-ground official transport is flanked by motorcycle outriders and he has at his disposal a presidential jet for air transport in and outside the country. He’s also insulated against criminal and civil proceedings unlike the governors who can be hauled in court at any point in time. “A lot of powers remain, except that they have to be exercised in accordance with the constitution (and its values).
The president is certainly less powerful than in days of Jomo and Moi. But Uhuru has almost completely ignored the limits and procedures that the constitution places on presidential powers,” constitutional law scholar Prof Yash Ghai says. Ghai says the quickest way to become a millionaire (or even more of a billionaire) is to become President: “Precisely for that reason there is great competition for the presidency.
The capture of the state and exploitation of its resources and opportunities. And of course, every one would like the prestige that comes with that office.”
ALSO READ: Uhuru warns chiefs against campaigning for Opposition Prof Karuti Kanyiga, a development expert, is however optimistic. He says incrementally, the discourse is shifting away from the presidency amid a lot of resistance and intransigence.
“We have implemented devolution for only four and half years - short time to show difference. The political elites did not up the discourse of devolution. In the elections after 2022, the demand will shift away from the presidency and the people will demand more money to counties,” Kanyiga explains. Oversight power Besides the presidency and the governorship, the MCA position is the other most coveted seat. Other than the Sh144,375 gross monthly salary, Sh48,000 (maximum) sitting allowance, Sh147,550 (maximum) transport allowance, car loans and mortgage, MCA’s have a lot of other benefits.
Their oversight power against the county executive, power to vet governor appointees and power to make county laws are nothing to joke about. The first crop of MCA’s also elevated themselves into a powerful group that must be lobbied religiously for a Governor to excel.
Not only did they secure themselves Ward Development Fund, they also secured themselves other benefits including offices, personal assistants and numerous bench-marking trips overseas. Members of Parliament -- both National Assembly and Senate -- remain least attractive seats as we go into the poll. Still, they have attracted a horde of competitors largely as a springboard to governor positions or the presidency. Other than their modest pay and other benefits, MPs power to originate bills, support or oppose executive policies, nominees or decision is craved after. They are highly visible in national discourse and enjoy the exclusive potential of engraving their names in hearts of Kenyans through novel legislation.
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