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How to Do the Lifestyle Audits

6 min read.

If conducted transparently, the audits would breathe new life into our sinking public integrity regime and even turn the country into a shining example for the continent. What should not happen is for the President and his Deputy to be let off the hook – whatever else, let’s push for the public audit of the private lives of our state officers. By WILLY MUTUNGA.

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How to do the lifestyle audits
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Lifestyle audits of state/public officers is a great idea. Our political elites are never short of great ideas. For every great idea they generate, we must always ask the attendant question, namely, is there political will and commitment to implement the idea or is the idea yet another example of political distraction from what ails our nation?

In a public statement in May this year President Kenyatta told the nation there would carry out a lifestyle audit that would begin with him followed by the Deputy President. Who would oppose such a great idea? I do not recall anybody who did.

I remembered President Kibaki’s promise to Kenyans in December 2002 on ending corruption in Kenya. He said that the project of ending corruption in Kenya would start from the top. And indeed it did, starting from the Office of the President (OP) with one spectacular victim: the corruption Czar himself – John Githongo.

I remembered President Kibaki’s promise to Kenyans in December 2002 on ending corruption in Kenya. He said that the project of ending corruption in Kenya would start from the top. And indeed it did, starting from the Office of the President (OP) with one spectacular victim: the corruption Czar himself – John Githongo.

Githongo had to flee into exile in the UK because of his investigations into the Ango-Leasing series of scams. The rest as we say, is history as captured in the book, It’s Our Turn to Eat by Michela Wrong.

Lifestyle audits in Kenya can tell us who in the public service has eaten what, who continues to eat, who is likely to eat and what they like eating.

The audits, too, are about how as citizens we will stop the elite from chopping/eating our resources, about ending corruption by state/public officers and about the implementation of the vision of the Constitution as regards the integrity of such officers. 

Lifestyle audits are solidly anchored in our Constitution. Besides Chapter 6 of the Constitution on integrity and leadership, Article 10 provides for values of integrity, transparency, and accountability. Article 35 provides for the freedom of information. Other relevant articles of the Constitution include Articles 232 (values and principles of public service).

There are three specific statutes enacted by Parliament to implement the vision of the Constitution on integrity and leadership in Kenya. They are the Leadership and Integrity Act 2012 (for effective implementation of Chapter 6 of the Constitution); the Public Officer and Ethics Act, 2003; and Public Service (Values and Principles) Act, 2015.

Section 30 of the Public Officer and Ethics Act requires that state/public officers file their declaration of wealth when they join the public service, and subsequently do so every two years. These declarations should reveal the state/public officers assets and liabilities; and when they were respectively acquired.

Section 30 of the Act clearly subverts Chapter 6 and Articles 10 and 35 of the Constitution. It provides that while the declarations are filed and sealed, an application to access the declarations can be made to the Ethics and Anti-Corruption Commission (EACC) by anyone who shows a “legitimate interest and good cause in furtherance of the objectives of the Act.” In the event EACC decides to concede to the application it would afford the “affected party” an opportunity to make presentations on the application.

The Act provides for criminal sanctions if the information is republished without the permission of EACC. The Act cannot subvert the constitutional values of transparency, integrity, and accountability of the state/public officers about their assets and liabilities under the Constitution. Indeed, it has always been my argument that individual state/public officers can make such information public before applications are made for such information under Article 35 of the Constitution.

The objective of the Constitution and the statutes was to make state officers transparent and accountable to the Kenyan public with regard to their assets and liabilities. Undeniably, the mischief to be cured was dramatically revealed in the Nairobi gubernatorial debates last year. Miguna Miguna posed questions on how his fellow opponents had acquired their wealth. He alleged that his opponents had not been captains of industry but had accumulated their wealth through employment by public and private corporations, and through robust corruption. The opponents denied these allegations. A forensic lifestyle audit could have settled the issue.

Lifestyle audits are also about conspicuous consumption reflected in expenditures of expensive capitalist toys, travel, residential housing, skyscrapers, charity and philanthropy, investing abroad, food and booze, and day to day expenses incurred in carrying out a particular lifestyle. The audit seeks to find out where the money to sustain such lifestyles comes from. If it is found that it comes from raiding and stealing of public resources, that is, is blatant corruption then the public officer is criminally liable.

Undeniably, the mischief to be cured was dramatically revealed in the Nairobi gubernatorial debates last year. Miguna Miguna posed questions on how his fellow opponents had acquired their wealth. He alleged that his opponents had not been captains of industry but had accumulated their wealth through employment by public and private corporations, and through robust corruption. The opponents denied these allegations. A forensic lifestyle audit could have settled the issue.

One critical value in the Constitution and the statutes enumerated here is the participation of the people. Lifestyle audits cannot be credible, transparent, and accountable without vigorous participation from the public.

Conducting lifestyle audits for the President and the Deputy President will be a project that will perhaps be a first in Africa, and among only a very few in the world. However, it is the manner in which it will be conducted that will put Kenya on a democratic trajectory of accountability and transparency in our politics.

The methodology of doing this is not rocket science. It should be fairly simple. I offer a skeleton framework of the process of the lifestyle audit for public debate and for putting meat into the framework (pun fully intended!). This framework is based in the provisions of the Constitution and those of the attendant statutes.

We start with deciding who will carry out the audits and the appointing authority. We have state offices that can do this work headed by the office of the Auditor-General. Other offices would include Kenya Revenue Authority (KRA), the Office of the Deputy Public Prosecutor (ODPP), the Ethics and Anti-Corruption Commission (EACC), the Controller of Budgets, among several others. To ensure public participation in the exercise, both civil society and corporate sectors should also be represented.

Since we rarely trust our national institutions, we will need to bring in foreign audit firms, foreign IT firms etc. I am sure the international community would have no problems footing the bill for this important foreign oversight. The time frame for this audit should be as short and as soon as possible.

The appointing authorities should properly be the other two arms of government that are not involved at this stage, namely, Parliament and the Judiciary. The Speakers of Parliament and the Chief Justice could appoint a team within the constitutional value of participation of the people. Both arms could call for nominations from corporate, civil society, and international participants, conduct the appropriate vetting and make the appointments. The Chief Justice would swear-in the team. The work of the team will also involve participation of the people. The media could be asked to cover the work of the team live.

Since we rarely trust our national institutions, we will need to bring in foreign audit firms, foreign IT firms etc. I am sure the international community would have no problems footing the bill for this important foreign oversight.

Courts have clarified what constitutes public participation under the constitution. The Chief Justice is familiar with these constitutional guidelines and can make sure they are complied with.

Making public the declarations of wealth of the President and the Deputy President will usher in robust public participation. There will definitely be public debates about the declarations and their respective veracity. The audit team will, of course, conduct a forensic lifestyle audit and address the issue of the veracity and integrity of these declarations.

There will be consequences arising from this exercise. If taxes have not been paid, KRA can demand them. Indeed, the respective state officers can invoke their mandates and legally act within them once the audit is over.

The results of the audit must be made public and allow robust participation of the people. Such participation is to test the political will and commitment of the exercise. Any gaps found in the process by this public participation should be referred to the auditing team so that it can seek answers from the President and his Deputy.

If the process is successfully completed it would put to rest the critique that the lifestyle audit is about political witch hunts and intra-elite struggles about who becomes President of the Republic in 2022. The process will not be seen as yet another of the political distractions by our elites. It would breathe life into the constitutional provisions on integrity of our political leaders and state officers.

A new culture of transparency and accountability will start to grow and will be nurtured. Kenya would be the pride of Africa (pun not intended) and the rest of the world. Our political leadership and state officers will thereafter occupy the pride of place currently occupied by the ordinary people of Kenya, our athletes, the Kenya Sevens, our heroines and heroes.

Let the debate on this issue continue. What we must not do is to let the President and the Deputy President off the hook. We must seize upon this opportunity to test their respective fidelity to the Constitution, Oaths of Office and the promise of democracy to the people of Kenya.

Research by Juliet A. Attelah

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Dr Willy Mutunga is a public intellectual and former Chief Justice of Kenya.

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Haiti: The Struggle for Democracy, Justice, Reparations and the Black Soul

Only the Haitian people can decide their own future. The dictatorship imposed by former president Jovenel Moïse and its imperialist enablers need to go – and make space for a people’s transition government.

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Haiti: The Struggle for Democracy, Justice, Reparations and the Black Soul
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Haiti is once again going through a profound crisis. Central to this is the struggle against the dictatorship imposed by former president Jovenel Moïse. Since last year Mr. Moise, after decreeing the dismissal of Parliament, has been ruling through decrees, permanently violating Haiti’s constitution. He has refused to leave power after his mandate ended on February 7, 2021, claiming that it ends on February 7 of next year, without any legal basis.

This disregard of the constitution is taking place despite multiple statements by the country’s main judicial bodies, such as the CSPJ (Superior Council of Judicial Power) and the Association of Haitian Lawyers. Numerous religious groups and numerous institutions that are representative of society have also spoken. At this time, there is a strike by the judiciary, which leaves the country without any public body of political power.

At the same time, this institutional crisis is framed in the insecurity that affects practically all sectors of Haitian society. An insecurity expressed through savage repressions of popular mobilizations by the PNH (Haitian National Police), which at the service of the executive power. They have attacked journalists and committed various massacres in poor neighborhoods. Throughout the country, there have been assassinations and arbitrary arrests of opponents.

Most recently, a judge of the High Court was detained under the pretext of promoting an alleged plot against the security of the State and to assassinate the president leading to the illegal and arbitrary revocation of three judges of this Court. This last period has also seen the creation of hundreds of armed groups that spread terror over the entire country and that respond to power, transforming kidnapping into a fairly prosperous industry for these criminals.

The 13 years of military occupation by United Nations troops through MINUSTAH and the operations of prolongation of guardianship through MINUJUSTH and BINUH have aggravated the Haitian crisis. They supported retrograde and undemocratic sectors who, along with gangsters, committed serious crimes against the Haitian people and their fundamental rights.

For this, the people of Haiti deserve a process of justice and reparations. They have paid dearly for the intervention of MINUSTAH: 30 THOUSAND DEAD from cholera transmitted by the soldiers, thousands of women raped, who now raise orphaned children. Nothing has changed in 13 years, more social inequality, poverty, more difficulties for the people. The absence of democracy stays the same.

The poor’s living conditions have worsened dramatically as a result of more than 30 years of neoliberal policies imposed by the International Financial Institutions (IFIs), a severe exchange rate crisis, the freezing of the minimum wage, and inflation above 20% during the last three years.

It should be emphasized that, despite this dramatic situation, the Haitian people remain firm and are constantly mobilizing to prevent the consolidation of a dictatorship by demanding the immediate leave of office by former President Jovenel Moïse.

Taking into account the importance of this struggle and that this dictatorial regime still has the support of imperialist governments such as the United States of America, Canada, France, and international organizations such as the UN, the OAS, and the EU, the IPA calls its members to contribute their full and active solidarity to the struggle of the Haitian people, and to sign this Petition that demands the end of the dictatorship as well as respect for the sovereignty and self-determination of the Haitian people, the establishment of a transition government led by Haitians to launch a process of authentic national reconstruction.

In addition to expressing our solidarity with the Haitian people’s resistance, we call for our organisations to demonstrate in front of the embassies of the imperialist countries and before the United Nations. Only the Haitian people can decide their future. Down with Moise and yes to a people’s transition government, until a constituent is democratically elected.

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Deconstructing the Whiteness of Christ

While many African Christians can only imagine a white Jesus, others have actively promoted a vision of a brown or black Jesus, both in art and in ideology.

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Deconstructing the Whiteness of Christ
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When images of a white preacher and actor going around Kenya playing Jesus turned up on social media in July 2019, people were rightly stunned by the white supremacist undertone of the images. They suggested that Africans were prone to seeing Jesus as white, promoting the white saviour narrative in the process. While it is true that the idea of a white Jesus has been prevalent in African Christianity even without a white actor, and many African Christians and churches still entertain images of Jesus as white because of the missionary legacy, many others have actively promoted a vision of Jesus as brown or black both in art an in ideology.

Images of a brown or black Jesus is as old as Christianity in Africa, especially finding a prominent place in Ethiopian Orthodox Church, which has been in existence for over sixteen hundred years. Eyob Derillo, a librarian at the British Library, recently brought up a steady diet of these images on Twitter. The image of Jesus as black has also been popularised through the artistic project known as Vie de Jesus Mafa (Life of Jesus Mafa) that was conducted in Cameroon.

The most radical expression of Jesus as a black person was however put forth by a young Kongolese woman called Kimpa Vita, who lived in the late seventeenth and early eighteenth century. Through the missionary work of the Portuguese, Kimpa Vita, who was a nganga or medicine woman, became a Christian. She taught that Jesus and his apostles were black and were in fact born in São Salvador, which was the capital of the Kongo at the time. Not only was Jesus transposed from Palestine to São Salvador, Jerusalem, which is a holy site for Christians, was also transposed to São Salvador, so that São Salvador became a holy site. Kimpa Vita was accused of preaching heresy by Portuguese missionaries and burnt at the stake in 1706.

It was not until the 20th century that another movement similar to Vita’s emerged in the Kongo. This younger movement was led by Simon Kimbangu, a preacher who went about healing and raising the dead, portraying himself as an emissary of Jesus. His followers sometimes see him as the Holy Spirit who was to come after Jesus, as prophesied in John 14:16. Just as Kimpa Vita saw São Salvador as the new Jerusalem, Kimbangu’s village of Nkamba became, and still is known as, the new Jerusalem. His followers still flock there for pilgrimage. Kimbangu was accused of threatening Belgian colonial rule and thrown in jail, where he died. Some have complained that Kimbangu seems to have eclipsed Jesus in the imagination of his followers for he is said to have been resurrected from the dead, like Jesus.

Kimbangu’s status among his followers is however similar to that of some of the leaders of what has been described as African Independent Churches or African Initiated Churches (AICs). These churches include the Zionist churches of Southern Africa, among which is the amaNazaretha of Isaiah Shembe. Shembe’s followers see him as a divine figure, similar to Jesus, and rather than going to Jerusalem for pilgrimage, his followers go to the holy city of Ekuphakameni in South Africa. The Cameroonian theologian, Fabien Eboussi Boulaga, in his Christianity Without Fetish, see leaders like Kimbangu and Shembe as doing for their people in our own time what Jesus did for his people in their own time—providing means of healing and deliverance in contexts of grinding oppression. Thus, rather than replacing Jesus, as they are often accused of doing, they are making Jesus relevant to their people. For many Christians in Africa, therefore, Jesus is already brown or black. Other Christians still need to catch up with this development if we are to avoid painful spectacles like the one that took place Kenya.

This post is from a partnership between Africa Is a Country and The Elephant. We will be publishing a series of posts from their site once a week.

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In Magufuli’s Shadow: The Stark Choices Facing Tanzania’s New President

One immediate concern is what steps Hassan will take on the pandemic, and whether she will change direction.

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In Magufuli’s Shadow: The Stark Choices Facing Tanzania’s New President
Photo: Flickr/Gospel Kitaa
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The sudden death of Tanzania’s President John Pombe Magufuli has thrown the East African nation into a period of political uncertainty.

Vice-president, Samia Suluhu Hassan, has been sworn in as his successor, making her Tanzania’s first woman president.

The transition is all the more challenging given the major rupture – both political and economic – caused by Magufuli’s presidency. Magufuli, who won a second term in October 2020, dramatically centralised power and pursued an interventionist economic policy agenda. He courted controversy on a number of fronts, most recently, by claiming that Tanzania – contrary to mounting evidence – was Covid-free.

Hassan has called for unity and counselled that now is not the time to look at what has passed but rather to look at what is to come.

Despite the 61-year-old leader’s forward-looking stance, questions remain about how Magufuli’s legacy will shape her time in office.

The authoritarian turn

Magufuli oversaw the marginalisation of opposition parties and a decline in civil liberties. His first term was defined by heightened intimidation and violence against opposition leaders, including disappearances and physical attacks.

Thanks to five years of repression, the October 2020 general elections saw the opposition all but wiped out of elected office. The ruling Chama Cha Mapinduzi now controls all local government councils. It also holds 97% of directly elected legislative seats, up from 73% in 2015.

In addition, media freedom and civil liberties were also restricted. A law passed in 2018 imposed jail terms for questioning the accuracy of official statistics.

But Magufuli’s authoritarian tendencies were not unprecedented in Tanzania. For instance, the rule of his predecessor Jakaya Kikwete was also marred by human rights abuses as well civil society and media repression. Kikwete also cancelled Zanzibar’s 2015 election due to a likely opposition victory.

It remains to be seen whether Hassan will adopt a more liberal approach, loosening restrictions on opposition parties, the media and civil society. Even if she does, the damage will take time to repair. Opposition parties, for instance, may well struggle to regain their strength. Among other setbacks, they have lost almost all local elected representatives – a core element of their organisational infrastructure built up painstakingly over decades.

Centralising power in the party

Another key pillar to Magufuli’s legacy is the centralisation of power within the Chama Cha Mapinduzi.

In the early years under founding president Julius Nyerere, Tanzania’s ruling party was dominated by the president and a hierarchy of appointed state and party officials. But, following economic liberalisation in the 1980s and Nyerere’s retirement from politics, the party became steeped in factional rivalries. These were spurred by new political alliances and an emerging private sector business elite.

This factionalism reached its height under Kikwete amid accusations of widespread corruption. Magufuli’s nomination as party presidential candidate only occurred because the rivalry among these factions left him as the unexpected compromise candidate.

Once in office, though, Magufuli quickly signalled he would be nobody’s puppet. He used his position as ruling party chairman to create a “new” Chama Cha Mapinduzi. This involved breaking with party heavyweights, including Kikwete, suppressing factional organising, and consolidating his own support base.

Magufuli’s new base was a cohort of freshly appointed party officials as well as civil servants and cabinet ministers. His loyalists likened these changes to a revival of Nyerere’s Chama Cha Mapinduzi. But, in our view, the comparison is misleading.

Like Magufuli before her, Hassan will be taking office – and party leadership – without her own political base. She will also have to contend with revived factional manoeuvring as sidelined groups try to regain an upper hand.

Hassan could align with a loyal Magufuli faction, which includes influential figures within the party. But, early indications suggest she intends to follow the advice of “party elders”, notably Kikwete. The former president reportedly attended the party’s most recent central committee meeting on Hassan’s invitation.

Aligning herself with Kikwete will likely lead to the reemergence of the internal factional rivalries that characterised the former president’s tenure.

Implications for economic policy

If president Hassan does continue to take a political steer from Kikwete, one likely outcome is that there will be a change in economic policy. In particular, a return to growth that’s led by a more business-friendly approach to the private sector.

Calls are already being made for such a course of action..

The danger for Hassan, however, is that under Kikwete this model was associated with high levels of corruption and unproductive rent-seeking.

A careful reassessment of the Magufuli era is needed to guide future policymaking.

Magufuli used his control over the ruling party to pursue an ambitious policy agenda. This was also linked to his political project of centralising power.

Although this trend actually began under Kikwete, Magufuli accelelrated a move towards more state-led investment. Under his leadership, both state-owned and, increasingly, military-owned enterprises were offered strategic contracts.

This ambitious programme initially won him praise. But over time, his authoritarian decision-making, mismanagement, and lack of transparency prompted a more critical response.

Many state enterprises remained cash-starved, relied on government financial support, and registered losses.

When the government’s controller and auditor general called for more scrutiny of public finances, his budget was slashed. And he was ultimately forced to retire and replaced by a Magufuli loyalist.

Alongside state investment, the president also sought to discipline private sector actors. Some observers suggest that this led to more productive investment, notably by domestic investors. But others point to renewed crony capitalist ties.

Magufuli’s most high profile corporate battle was against Canadian-owned Barrick Gold and its former subsidiary, Acacia Mining. From the two, he demanded USD$190 billion in tax arrears and a renegotiation of operating terms.

Many saw this resource-nationalist approach as an inspiration and a model for African countries seeking to take greater control of their mineral wealth. But in the end – partly due to externally imposed legal and economic constraints – Magufuli walked back on some of his demands. Instead he opted for cooperation rather than confrontation.

He negotiated a joint venture in which Barrick took a majority stake of 84% and Tanzania the remaining 16%. Key elements of the nationalistic mining legislation passed in 2017 were also reversed.

On the plus side gold overtook tourism as Tanzania’s biggest foreign-exchange earner. In addition, some small-scale miners saw their livelihoods improve. Results were more mixed elsewhere, especially for Tanzanite miners in the country’s north.

Ultimately, Magufuli leaves behind a mixed economic legacy. It combines misdirected authoritarian decision-making with positive efforts to pursue an active industrial policy. Reining in unproductive domestic investors and renegotiating adverse contracts with foreign investors were part of this agenda.

There is a risk, given this complex mix, that Tanzania’s policymakers may learn the wrong lessons from his presidency, leading back to the flawed model existing before.

Significantly, neither Magufuli nor his predecessors managed to achieve more inclusive growth. For this reason poverty levels have remained stubbornly high.

The pandemic and beyond

One immediate concern is what steps Hassan will take on the pandemic, and whether she will change direction.

Whatever she does, the health emergency and associated economic crisis will likely define her presidency. It could indeed define the economic trajectory of the African region in years to come.

Both Kikwete and Magufuli ruled through an economic boom period. Commodity prices were high and access to international finance was fairly easy. This gave them latitude to choose between various development approaches.

If Tanzania reverts to the status quo of the Kikwete years, the risk is a reemergence of rent-seeking but without the same highly favourable economic growth conditions. Indeed, as external conditions worsen, Hassan may find her options far more limited.The Conversation

This article is republished from The Conversation under a Creative Commons license. Read the original article.

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