In the early 90s with the clamor for multiparty
system, donor aid stopped, Moi government acquiesced to pressure. Parliament and senior civil servants got some autonomy. However, while
in principle it was an improvement, it was susceptible to political
manipulation and it created distortions in public sector pay. Members of
parliament and ministers’ salaries were de-linked from civil service and have
enjoyed the largest pay increase.
With the reforms, parliament was empowered at
the expense of other institutions. The result is a parliament that is not accountable
though directly elected, members can vote down any law without risking any
party censure, and defect without needing to seek mandate. Consequently,
parliament has failed to capture the public’s imagination.
Equally, public
servants with political influence – such as top civil servants, the judiciary,
and officials in charge of special commissions and semi-autonomous agencies – were
granted large selective increases, while the bulk of employees continue to
receive modest remuneration. These bodies are insulated from societal influence
by virtue of their status and mandate, but it also limits the oversight and
accountability functions that should be done by the legislature and civil
society. A quid pro quo between the various institutions that are meant to
monitor each other exists, judges are called to head commissions and inquiries
with ample pay, senior civil servants liaise with ministers, agencies like anti-corruption unit and human rights watch are headed by
lawyers sourced from civil society.
Office holders started
differentiating themselves from the rest of society with entitlements and
special privileges, e.g. elected officials fly first class on
public funds, they’ve sought to increase their per diems to $1,000 per day
while traveling and when asked to pay tax on the allowances they pillage
government funds to offset the tax bill with the tacit approval of tax
commissioner.
Institutional independence without underlying standards and managed expectations only perpetuates impunity.
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