taking calculated risks to invest in technology, training and capital mobilization to create wealth and generate jobs. Return on capital should not just be healthy but also predictable. In case of a dispute between private companies or against the State, the justice system must be able to immediately deliver fair and just judgment. Justice delayed is injustice done and that alone is sufficient to scare away capital. The government has, therefore, come up with a raft of legislation to assist in ensuring that public officers behave in a manner that befits their status. The Public Officer Ethics Act (2003), the Anti- Corruption and Economic Crimes Act (2003), the Public Procurement and Disposal Act (2005), the Government Financial Management Act (2005), the Fiscal Management Act (2009), etc, have been passed to ensure public officers observe integrity while discharging their official duties. The Kenya Anti-Corruption and Economic Crimes Act was established to investigate
corruption cases and forward its recommendations to the Attorney General for prosecution. It has also the mandate to advice government agencies on best practices in managing public affairs and avoiding tendencies that may lead to corruption.
One key political reform was the 1999 constitutional amendment which created the Parliamentary Service Commission. The Commission hires and fires its own staff without having to refer to anybody. Consequently, the National Assembly has developed a formidable capacity in its human resource base by employing highly trained economists, financial(tax) experts and analysts, lawyers, researchers, I.C.T. specialists and of course Clerks to assist Parliament interrogate the budget, Bills, government policies, projects and programmes to ensure there is discipline and prudence in managing public resources. The judiciary has responded to the reform spirit by creating a Commercial Court Division to
assist in settling commercial disputes quickly. A Special Court has also been established to try people accused of corruption. In order to cascade these reforms and maximize their impact, application of ICT is crucial in fast- tracking some government procedures like tax returns, acquiring procurement forms online to bid for government tenders and making government operations more transparent and less bureaucratic. The government has also urged every Ministry and department to produce their Strategic Plan and Service Charter and host their own website to inform the public the services they deliver and how they can be accessed.
Conclusion
The financial crisis in the rest of the world means fewer inflows of resources into the country including remittances by Kenyans in Diaspora. This leads to fewer resources at the domestic level which may impact adversely on local investment. On the other
hand, the government may not get the usual support from
development partners who are also busy sorting out their own domestic economies. As a result, the country needs to place more focus on domestic resource mobilization strategies while sealing several loopholes in tax collection, prioritizing efficiency and a cut back on the deficit through reduction in government spending.
The lack of transparency in the financial markets, governments’ inability to keep abreast with financial innovations combined with elements of personal greed and corrupt practices in developed countries led to the current world financial meltdown.
All these reforms in Kenya are aimed at avoiding mistakes of the past in managing the economy. By reviewing its history, Kenya can institute good governance as a means of ensuring that its economy is sound and solid so that it is not easily undermined by turbulent events taking place far away from its shores.
The Parliamentarian | 2010: Issue Three - Kenya | 43