Mkenya Daima Steering Committee led by the Chair Mr Mucai Kunyiha on 26^th September 2023, presented the Oral Submissions at the Bomas of Kenya in response to the request by the National Dialogue Committee (NDC) for Public Participation and Submission of Memoranda on Issues of Concern to the People of Kenya. Mkenya Daima leaders present were Eng. James Mwangi, Mr Daniel Juma, Mr Duncan Mochama and KEPSA Legal Advisor Ms Joyner Okonjo.

The NDC mandate is to facilitate dialogue and consensus building and recommend appropriate constitutional legal and policy reforms on issues of concern to the people of Kenya as framed by NDC in line with the Constitution and Laws of Kenya while respecting the functions and institutional integrity of the state organ.

In the submissions on the issues framed by NDC Mr Kunyiha noted that Mkenya Daima is committed to enhancing the prosperity of all Kenyans through good leadership, integrity, accountability and individual responsibility. He further noted that Mkenya Daima is committed to constitutionalism as enshrined in the 2010 Constitution of Kenya that captured the will of Kenyans to have democratic, inclusive and institutional frameworks as the means of political organisation and expression.

Mkenya Daima’s over-arching approach to the National Dialogue issues of concern was based on the following broad principles:

1. On The cost of living and related issues, Mkenya Daima noted that this is an economic moment for all parties and businesses need to get out of the current economic issues. These issues are interconnected and need to be resolved with a holistic approach. The cost of living crisis is driven by taxation which is in turn driven by the size and complexity of government. Similarly, political instability affects the investment climate and environment which further exacerbates the cost of living.

The current stage of the economic cycle for Kenya is precarious, and the cost of living is one of the symptoms of deeper, systemic and structural issues. Those issues in the political economy need to be addressed to resolve both the economic challenges we face and stabilise the political environment. The high cost of living leads to a disenchanted and politically febrile population.

2. The 2010 Constitution, Mkenya Daima noted that the institutions therein, are sufficiently robust and capable of addressing our issues and enabling and empowering these institutions to operate independently and effectively and further to allow and facilitate the operation of law and systems as envisioned.
3. Implementation of the two-thirds gender rule, Mkenya Daima supported and campaigned for inclusivity and balance in all sectors of society and that this long outstanding issue will need to be addressed.

Any additional costs to the electorate by creating additional positions should be avoided and the proposal to reduce other seats to make way for gender equity and a two-thirds gender rule.

4. Governance issues including promoting national unity and inclusivity in public appointments, Public appointments to business-related and/or income-earning government-owned entities should have an independent body to appoint the boards and CEOs based on experience, expertise and performance. The same body would monitor the performance of the boards and the entities to take corrective action where necessary, Mkenya Daima remarked.
5. Adequate Checks and Balances, Constitution 2010 entrenched various bodies that would both strengthen democracy and act as checks and balances. These include Parliament, The Judiciary, County Assemblies, EACC and various other independent institutions including a free and independent press. Mkenya Daima said it is crucially important that we put these institutions to work and remove any obstacles to their work.
6. Restructuring and reconstitution of the IEBC, The IEBC Commissioners are to be appointed without any further delay and political players allow the legal and court-sanctioned processes on appointment of Commissioners to proceed, and we all participate in the process as envisioned in the law (public participation, nominating commissioners etc.)
7. Boundaries Delineation, it was emphasised that this legal requirement is also urgent and requires the Commission to be appointed sooner rather than later. In line with the earlier comments, Mkenya Daima also reiterated that we must remain cognizant of the economic pressures on the country and not create a large tax burden on the citizens. Increasing elective positions is not necessarily equivalent to the voice of the citizen being heard, and in this case, especially the cry on the cost of living.
8. Audit of the 2022 Presidential election. The IEBC must review and audit all its elections on a periodic basis to assess areas of improvement, and we daresay, of cost and efficiency savings. It is in this process that continuous improvement is made and Mkenya Daima supports efforts in this direction at the same time being cognisant, of the legal necessity to ‘close’ elections expeditiously and laud the Judiciary for the speedy handling of all petitions. Consequently, audits of the elections cannot be aimed at re-assessing results but focused on process improvement.
9. Entrenching Funds into the Constitution, Mkenya Daima opposed the creation of any new or additional funds in the Constitution or in law. The cost of government and the resulting high demand for taxes will not be able to reduce the cost of living. They encourage the members of the legislature to focus on their legislative and oversight role, noting that their handling of funds subverts the principle of accountability, checks and balances.
10. Establishment and Entrenchment of State Offices, Mkenya Daima acknowledged the need for the Office of Leader of the Opposition and the need for an effective and facilitated opposition for democracy to work well. However, the loser of a presidential election should not be automatic. Perhaps a better way to facilitate this role would be to strengthen political party accountability structures and funding. The political parties and coalitions can then allocate funds to their leadership to the measure and extent necessary.

The current President has elected to structure his Cabinet with the position of a Prime Cabinet Secretary which is his prerogative. This need not be Permanent and/or Constitutionally required. The President of the day should remain mandated to delegate Executive roles as he/she pleases.

The National Dialogue Committee was chaired by the Leaders Hon. Dr. Kalonzo Musyoka and Hon. Hassan Omar who represented Hon. Kimani Ichungwa