Central Bank of Kenya. FILE PHOTO | NMG
The emergence of deep seated differences between the National
Treasury and the Central Bank of Kenya (CBK) on how to oversight the key
banking sector have the potential of destabilising the economy at a
time when all energies should be directed at nurturing recovery after
the 2017 turbulence.
The Draft Financial Markets
Conduct Bill 2018 published last week has brought to the public arena
policy differences that should have been best fought behind the scenes.
Indeed,
this week we have been treated to the rare spectacle of the CBK
governor making a public, no holds barred attack on the Treasury over
what he terms as an effort to emasculate the institution he leads and
reduce it to a mere observer.
It was also instructive
that the governor said that he had seen the Bill for the first time when
it was published on the Treasury website, meaning that there was no
consultation between the institution he heads and the Treasury during
the drafting.
It has been evident for a while that there has been a quiet
battle over how to regulate the banking sector, especially with regard
to closure of troubled banks.
The argument is that the
Bill effectively usurps the powers of CBK to regulate banks and vests
them in the Treasury — which will appoint five members to the proposed
Financial Markets Conduct Authority’s board. The Treasury CS will also
sit in there.
This spat has the potential of eroding
investor confidence in the Kenyan economy, which is built largely on the
knowledge that Kenya has a robust and well-regulated financial sector.
It
also raises the question of the Treasury’s capacity to oversight banks
at a time when its in-tray is full of fiscal policy issues such as the
fast growing national debt, gaping revenue shortfalls and finding money
to bankroll the ambitious “Big Four Plan” of the Jubilee administration.
CBK
too does have room for improvement, but it remains an independent and
functional regulator whose actions have helped maintain financial sector
stability.
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