Constitution Amendments – Following the latest concerns on whether to amend or enforce implementation of the constitution, Canada-based Kenyan Lawyer Miguna Miguna has said that the constitution has no flaws, instead the cause of bad governance is elected leaders.
However, former Public Service Cabinet Secretary Moses Kuria believes that the 2010 constitution should be amended, arguing that devolution is uneconomical.
Miguna said the abuse of power and theft of public resources are not creations of the constitution but by the amputation of the law by public servants.
In addition, ethnicity and social class divisions have also been weaponized by the elected leaders to abet the abuse of office.
“These are problems and they can only be solved by the removal of those refusing to implement the constitution, subverting the constitution, abusing power and stealing public resources,” Miguna stated in a tweet.
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Miguna stated that removal of corrupt public servants from office is the solution to the current governance problems, assserting that there is no need to change the constitution but to implement it.
On the other hand, Kuria has been very vocal about the need to amend the 2010 constitution.
“It is about time we revisit the 2010 constitution. Even as I retreat to my private life, one of the things I’ll give my voice and energy is really the reform of this constitution” he stated at an interview on Citizen TV.
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Moses went ahead to explain how devolution has become so uneconomical, derailing major development more so in infrastructure. County governments are not able to raise funds to run the counties. The budget allocated goes mainly into paying salaries thus leaving little or no funds for development.
“From counties we should go back to regions. A total of 11 regions is enough. Let us have conversations around this topic,” Kuria suggested.
He also raised concerns on the duplication of public offices and roles. Since public service commissions were made independent, many positions have been created yet it can be handled by one person.
According to Kuria, the constitution should be amended mainly on the parts of devolution. This will reduce the number of public servants, making governance economical.
The anti- government protests led by Gen Zs agreed on the need of change in the current governance systems, and many of them were pushing for full implementation of the constitution.
