SAM’S SENSE: Institutions - To obey or disobey?

What is the place of institutions in the running of public affairs in Kenya? Tonight, on my sense I ask that very simple question, aware that it could easily evoke myriad of answers. And I ask it for a reason.

We live in a country where every sector of the economy has a variety of institutions established with particular mandates. It is the engine that ideally should run the state. They are established with a clear roadmap, intended at tapping into expertise ideally to inform the best of decisions and actions.

Let me bring it home. The ministry of education runs the education sector at policy level. However, there is established the Kenya National Examinations Council (KNEC) to carry out the professional mandate of assessing the quality of education and the learning outcomes. There is the Kenya Institute of Curriculum Development (KICD) whose mandate again is professional. To develop the curriculum designs and assure quality control on learning materials.

In the agricultural sector, there is a ministry led by a presidential appointee as a Cabinet Secretary and Principal Secretaries. But then, under the ministry there are many state agencies mandated with particular roles like the Kenya Agricultural and Livestock Research organization.

The Ministry of Water has Water Services Regulatory Board, the Water Resources Authority, the Water Sector Trust Fund, the Kenya Water Institute, and to implement various programmes and projects, there is a litany of water works development agencies.

In the financial sector, the Central Bank of Kenya regulates commercial banks. The Insurance Regulatory Authority supervises the insurance sector. The Retirement Benefits Authority oversights the pension funds. These institutions exist in perpetuity and are not subject to election cycles.

Three years ago, Parliament passed new laws that established various institutions in the health sector including the Social Health Authority and the Digital Health Authority. They were set up with mandates established in law, given full authority to execute that which Kenyans have desired as expressed in Parliament.

Now, in all these agencies, there are professionals employed there, mostly industry experts at the senior level, whose exposure depicts steadiness in thinking and decision-making. It is also important to note that in most of these institutions, there is always a role put in law, to advise the line cabinet secretary on policy touching on the relevant sectors.

Yet, increasingly, we hear of pronouncements from the political class including from high offices in the land. While it is critical to appreciate that politicians form governments, politicians who have aspirations contained in political manifestos, it should never be lost that it is professionals who have the capacity and knowledge in various industries.

When instructions come from the top without adequate consultations with the experts, it breeds a culture of fear; of intimidation; of force and eventually lack of respect for institutions.

At a time there is an ongoing conversation on how pension funds bought shares from a recently listed company, only to sell them off eight months later, at a price that got no positive returns; what role did the boards of the pension funds play for instance?

And what would the Retirement Benefits Authority say as a regulator? Were they aware of the sale? Did they audit the process followed to purchase the shares in the first place? And to sell? Is RBA satisfied that the interests of members in pension funds were preserved in both transactions? Can they speak openly about these questions?

You see, many are times that some of these agencies cower to provide information about not just controversial questions, but also basic issues; simply for the fear of unknown punishment by higher offices.

Why then establish institutions and call some semi-autonomous while others are deemed independent if we know too well, we’d like our politicians to interfere? How then shall we defeat the “mtu wetu” culture with such tendencies?

We cannot preach about respect for institutions, rule of law and governance by the constitution, while throughout the seasons we are hell-bent at controlling what institutions do.

I bet there is a reason why people go to school. There must be a reason why boards meet, decide on minimum requirements for a Chief Executive Officer, invite applications, shortlist and conduct interviews, eventually arriving at the most competent candidate to run an institution. Only that that last line is no longer assured. You can never be sure that the most qualified CEO or senior manager gets hired for their qualifications.

This, however normal it may seem, cannot be allowed to continue – if a country still wants to lay claim to being an equal competitor at the global stage. Why do we have institutions if all it takes is a political instruction? Something must change.

That’s my sense tonight.