MP PAY HIKE – CYNICAL OPPORTUNISM?

Kenyan lawmakers’ decision to vote themselves a pay increase is not particularly surprising. They have already lost much credibility among the wananchi – until now, they have not paid tax on most of their earnings, they are perceived by many as overpaid timewasters and they have done little to rein in corruption.

The BBC said the pay hike meant that Prime Minister Raila Odinga (recovering in hospital after minor surgery to relieve pressure on his brain) would take home one third more than Britain’s David Cameron, and 10 percent more than Barack Obama. That’s eyebrow-raising. What’s probably more galling to Kenyans is how much more he, and other more lowly lawmakers, would be taking home compared to the people who voted for them. Xan Rice in the Guardian makes this very clear. 

MPs did agree to finally pay income tax – their exemption provoked huge public anger – but the proposed rises meant they would still take home more than when they did not pay tax.

The MPs’ decision, predictably, sparked immediate fury.

"Yet another drastic pay hike for MPs ... is the most outrageous, insensitive, immoral and intolerant abuse and impunity by Kenya's officialdom the country has ever witnessed," umbrella body Kenya Alliance of Resident Associations told Reuters.

The pay rise has however hit a snag after Finance Minister Uhuru Kenyatta said there was no money to fund the proposed increases, which would have brought an MP’s monthly salary to 1.1 million shillings (a boost of about a quarter). Kenyatta reminded the MPs that they had warned against excessive borrowing and increasing the tax burden.

"The actions taken by Hon Members are not supportive of these noble objectives because they will trigger demands for salary increment by other sectors. Consequently, these will lead to a wage spiral, hence creating inflation and weakening our competitiveness," he warned.

So the raises, which sparked such anger, may not go through. Let’s see.

What is more shocking than the pay rise proposals themselves is the cynicism involved in MPs voting these in now. And what is really worrying is what it tells you about the future, with or without a new constitution.

Under the draft constitution, which is to be put to a referendum on Aug. 4, MPs will no longer be able to set their own salaries. So it seems the pay rise was intended to circumvent or at the very least contradict the constitution before it even goes to a public vote.

At the end of the day, a new constitution will be worthless unless the political will exists to implement its articles in their entirety. It is after all just a piece of paper – an important piece of paper of course, but what will count is its implementation. You have to be able to believe that it will not be manipulated or misinterpreted for the benefit of one group. To be able to believe that, you have to have faith in your lawmakers and in your judiciary. While the constitution contains articles that will change the way these officials are appointed, there may also need to be a change in the political culture to ensure that those appointed under the new system are as altruistic and independent as the document envisions. Some Kenyan analysts argue that a modern constitution is being imposed on institutions that are simply not ready for it.

Given this, perhaps efforts to bring those responsible for the post-election killings in 2008 may have more effect in terms of changing the political culture. That is why Luis Moreno-Ocampo’s drive to indict six of those believed to be most responsible for fomenting and financing the violence is so important. And so sensitive. And so potentially destabilizing. After all, you can’t make an omelette without breaking eggs. 

Some Kenyans think the ICC process will be cathartic – by removing some big names and proving that impunity can only go so far. But many others are scared about how those big names will react if and when they are indicted. And how their support bases will react. That is the great unknown. The ICC process is probably still a bigger risk to political stability than the referendum.

Constitutions tend not to be written in stone. Just ask Cameroon’s Paul Biya, Niger’s Mamadou Tandja or Uganda’s Yoweri Museveni, who all managed to change their constitutions to extend their rule.