Parliamentary Human Rights And Accountability Charter

The public needs to take responsibility for the leaders they elect. If citizens neglect this duty and place unprincipled individuals in office, leadership is exercised not for the public good but instead for the selfish personal interests of a few with access to power. Moreover, it is important that political leaders reflect the aspirations of the people they serve, rather than the head of the party that nominates them.

We therefore ask Kenyans to prevail upon each aspirant for the 2007 parliamentary elections to commit themselves to the following issues which define and answer who and what a good leader is.

1. Reducing the Salaries Of Members Of Parliament

1. Emoluments for Members of Parliament: Our calculations reveal that a Kenyan MP earns over Kshs. 850,000/- every month in salary, emoluments, travel and sitting allowances and other perks. On the other hand majority of Kenyans live on less than one hundred shillings a day. We provide a table below of comparative salaries for MPs in other countries:

In 1972, the ratio between the lowest paid civil servant and the highest was 1:40. Today, this differential is in excess of 1:120. If we were to revert back to the 1972 ratio; this is also the ratio that persists in many parts of the world, an MP would be entitled to about Kshs. 400,000/- per month which is a good enough figure to live on. Based on current projections of a monthly salary of Kshs. 850,000/-, such a reduction would save the exchequer close to Kshs. 1.2 billion annually. This sum is enough for rehabilitation of 183 kilometer Timboroa-Eldoret-Malaba highway which is estimated to cost 1.13 billion.

We propose that MPs therefore commit themselves to reduction of their salary to a maximum of Kshs. 400,000/- and that pending the enactment of such reduction, individual MPs commit the sum above Kshs 400,000/- to the CDF fund. Conversely, there is a duty incumbent on Wananchi desirous of getting good leader to stop making demands for financial dole-outs or seeing MPs as mobile ATMs.

1. Taxation of MPs salaries, allowances and benefits: Each MP is entitled to a car grant of Kshs. 3.3 million and an interest free loan of Kshs 8 million, to purchase a home. If the proposed salary and benefits of Kshs 400,000/- were subject to taxation, the amount raised per year would be over Ksh 335 million. This amount could construct 35 water projects annually at a cost of Kshs 10 million each or be sufficient to pay for 20,000 jobs a year at a salary of Ksh 15,000/- per month.

1. Making Wealth Declaration Forms Public: The war against corruption cannot be won if public officials continue to keep their wealth secret and therefore out of public scrutiny. Whether the Public Officer Ethics Act is amended or not, making wealth declarations public would be a sign of integrity from MPs.

1. Management of CDF Funds: There is no doubt that the CDF has been a successful innovation, much supported by the public. One of its weaknesses though, has been the dual role of MPs in the CDF; there they act as both legislators and implementers. We therefore propose that MPs-notwithstanding the current provisions of the CDF Act- undertake to oversee an open and transparent process of election of people of proven integrity and credibility to the management of the Constituency Development Fund (CDF). MPs should only provide supervision to the CDF to ensure maximum results and that the management and administration if CDF Funds is at all times transparent, independent and accountable.

2. Commitment To Non Discrimination:

Divisive politics revolving primarily around ethnic allegiances have firmly taken root in Kenya. Politicians appeal to the ethnicity, gender, religion and race of Kenyans in their quest for political power and the access to public resources that comes with political office. One of the lessons from the Rwanda genocide of 1994 was how easy it is to set-off ethnic conflicts though the demonization and de-humanization of certain ethnic groups. Politicians should therefore watch the type of language they use and especially refrain from incitement or language that would arouse ethnic animosity (hate speech), hatred on grounds of race, gender, tribe and/or religion.

3. Accountability to Political Parties:

 The trend of MPs defecting from the parties that took them to Parliament without any action being taken is not healthy for our democracy. The law requires MPs who, having stood and been elected on the ticket of a political party, or having accepted appointment as a nominated member of a political party, to vacate their seats if they resign from the party that sponsored them. Support for other parties other than those that elected them, amounts to “constructive” or “technical” resignation and should have the same effect as writing a letter of resignation to the Speaker. The current practice of effectively abandoning the party that brought an MP to parliament without vacating their seats breeds impunity where leaders bend the law to suit their whims.

4. Public Resources:

Recovery of all looted wealth lost through Grand Corruption scams is critical. Corruption is responsible for diverting public funds to personal pockets and greatly reducing what is available for the realization of economic and social rights. Corruption also perpetuates discrimination by favoring the few with access to power and impunity. Consider what the following sums lost through mismanagement would do towards realizing a meaningful and productive livelihood for Kenyans:

1. Goldenberg cost the taxpayer an estimated Kshs 70 billion an amount which  if recovered, could tarmac 3,500 kilometers if road at Kshs 20 million per kilometer;
2. The controversial acquisition of the Presidential Jet in 1995 cost the public Kshs 2.5 billion which if put to development purposes today, would be enough to build 12,500 classrooms across the country at a cost of Kshs 200,000/- per classroom;
3. Anglo-leasing & related contracts involving passports, security communication, forensic labs and the navy ship are estimated by the Auditor and Controller General at Ksh 56 billion. Payments of these contracts are in the form of irrevocable promissory notes coupled with opinions form the Attorney General’s office as to their infallibility. In spite of the official word for the Government that all Anglo Leasing money would be returned, records from the Controller and Auditor General indicate that Kenya is actually liable for repayments upon presentation of these irrevocable notes (which are as good as money or government bonds capable of being traded on international markets) amounting to no less that Kshs 56 billion. Kshs 56billion is 28 times the Kshs 2 billion Youth Enterprise Fund announced by the Minister of Finance in the 2006 Budget Speech.

5. Diligence In Parliament

1. Equal Pay for Equal Work: Kenyan MPs earn close to a million shillings every month, for working for an average 90 days a year (which translates to one week per month).This work is by far less than that of any other professionals in the World. Yet, parliamentary attendance and contributions have been problematic for a long time. MPs are elected primarily to make law and policy in parliament, and should be held accountable on this important role. By July 2005 for instance, the ninth Parliament had not passed a single bill in that year.
2. Accountability to Parliament and the People of Kenya: MPs are required to be as transparent and as open as possible both with the public and with Parliament and to give reasons for their decisions. As Public Officers, they are bound by the Public Officers Ethics Act which requires public officers not to knowingly give erroneous information to the public or to other public offices. They should therefore be cognizant of the duty incumbent upon them not to mislead Parliament and to correct any such errors to Parliament at the earliest opportunity.

6. Transparency and Accountability

1. Access of Government Information to citizens:  Corruption and malfeasance thrive on secrecy and lack of transparency. We will not make headway unless Access to Information is made into law overturning the Official Secrets Act. One of the best drafts of freedom of information has been produced by the International Commission of Jurists (Kenya Section).Parliamentary aspirants should commit themselves to enacting that draft as a matter of priority. This commitment should also extend to protection and celebration of whistle blowers without whom it is impossible to obtain information on corruption.
2. Public Accountability Forums:   The mark of a democracy is what happens between elections, rather than the conduct of elections themselves. It is critical that each year, MPs submit their work, programs and record to public scrutiny for evaluation. We therefore call for Public Accountability Forums by MPs on an annual basis where they hear views from their constituents.

7. Security:

Kenyans are entitled to physical safety and it is up to the Government to ensure that citizens do not live in fear due to heightened criminal activity. Politicians must embrace the principle of non-violence and not incite their supporters. Further, MPs should not support, associate or facilitate the activities of private militants who have been used in the past either to intimidate opponents or canvass for support among their membership. In the same vein, MPs should commit to facilitate the police within their respective constituencies to hold public forums in every division where the public can express and raise their security concerns.