Sunday, January 28, 2001
MPs take Government to task over economic crisis
By NJERI RUGENE
There is no longer any doubt that the stand-off between the Government
and some international donors is likely to cause an economic crisis if
quick steps are not taken to prevent it.
But what is not in doubt is that the looming financial crisis, is self-inflicted,
on the part of the Government. Its lack of commitment on programmes agreed
on last year with the International Monetary Fund and the World Bank cannot
be excused.
If the current differences between the government and the donors lead
to cancellation of aid, this will cause a huge gap in the country's budget,
because the funds have already been budgeted for by the Treasury.
At a recent meeting with the Parliamentary Finance Committee, a visiting
team of the IMF and World Bank were firm that the country risked losing
the budget support because of its failure to fulfil the agreed economic
reforms.
While recognising that some of the demands by the international donors
may be an invasion to a sovereign State, it must also be noted that it
is the government that made the pledges willingly and as such, it has no
choice but to swallow the pill, however bitter.
However, as the dust from the emotional outbursts that greeted the donors'
recent decision to withhold the aid, the reality is that this looming financial
crisis must be countered before Kenyans find themselves in a situation
similar to that in 1993, where inflation was at its highest.
The reality is that no amount of buck-passing and excuses from the Government,
its leadership and the Attorney-General Amos Wako will stop the reality
that these "difficult" economic reforms will have to be carried out because
it is apparent we need the loans.
The World Bank, through its country Director Harold Wackman, has denied
pushing the Government to implement "impossible policies."
Last week, President Moi made the first move towards this by instructing
Attorney-General to start re-drafting the two contentious Bills at the
heart of the controversy over the government's economic reform programme.
The contentious Bills to be re-drafted to make them consistent with
the Constitution and the country's laws are the Anti-Corruption and Economic
Crimes Bill and the Public Service (Code of Ethics) Bill.
The President also ordered provisional addition of legal experts and
resources to the Legislative Drafting Departing in the AG's chambers to
ensure a faster and effectiveness in drafting of Bills.
In the face of this looming economic crisis, the Finance committee has
been consistent in demanding that Parliament be recalled from recess, to
address the thorny issues.
The Committee says Parliament should reconvene to debate and pass the
Economic Crimes Bill, which was published but has not been brought on the
floor of the House.
However, MPs, particularly the Opposition, argue that the House should
not accept the Bill as it is, accusing the government of having watered
it down from the original version drafted by the Parliamentary Select Committee
on Anti-Corruption, chaired by Webuye MP Musikari Kombo.
The Code of Ethics Bill was rejected and shelved for six months by the
House last November, for being unconstitutional and the earliest it can
resurface in the House is June.
The other burning issue the MPs feel they need to address is the outlawing
of the Kenya Anti-Corruption Authority, which was declared illegal by a
constitutional court.
However, assuming that Parliament is to be reconvened, debate on the
Kaca issue is no longer certain considering that the matter has already
been taken to court by Ford-Kenya party, appealing against the three-bench
ruling on the Authority.
Kimilili MP Mukhisa Kituyi says taking the matter to court effectively
blocks Parliament from rectifying the hurdles in the Kaca law, to ensure
it is put back to its feet.
Dr Kituyi, also of Ford-Kenya, accuses the secretary-general Gitobu
Imanyara of allegedly being used by Kanu to block Parliament from reviving
the anti-corruption body, because of the sub judice rule.
However, Mr Imanyara the Imenti Central MP has dismissed the remarks
as those of "a desperate person."
"This is a trick similar to that of the Goldenberg scandal aimed at
stopping Parliament from moving ahead," Dr Kituyi said.
The Leader of the official Opposition, Mr Mwai Kibaki, is among the
MPs who have called for Parliament to be reconvened to discuss a number
of issues they consider as national crisis.
"The most critical of all is the action by the donors to withhold aid
and loans. If this is effected, we shall go back to where we were at the
beginning of last year when the Government borrowed heavily and impoverished
its people," the Democratic Party leader said.
Mr Kibaki's observation was that Parliament would suggest ways of reviving
the economy.
The Othaya MP said of the need to reconvene Parliament to look into
ways of restoring the incapacitated Kaca. "We cannot afford to slacken.
This is a matter that parliament can rectify," Mr Kibaki observed.
Kangema MP John Michuki says the matter must be treated with the urgency
it deserves, given that the money expected from all the donors, an estimated
$700 million has already been taken into account in the budget.
Says Mr Michuki: "Taking into account those factors, the continued withholding
of the funds will cause a very serious deficit because this amounts represent
around 25 per cent of the total annual budget. A deficit of that magnitude
would completely disorganise the budget for this year.
Mr Michuki, a former Treasury Permanent Secretary, says if the money
is not forthcoming, within this financial year, "it will be almost impossible"
for the finance minister to prepare his Budget for the next Financial year
"unless he is prepared to write off the donors, which would be disastrous."
Mr Michuki explains that his committee is concerned by the fact that
only Sh335 billion is currently in circulation. Of this amount, he explains,
the Government has already borrowed Sh173 billion in short term loans and
mostly in Treasury Bills, while Sh116 billion represents bad debts.
"How can one borrow from that kind of situation? Even if the minister
has any intention to borrow locally, to replace what will not be forth-coming
from IMF/WB, there is no money left to be borrowed," he poses.
It is against this background that Mr Michuki and his committee propose
that Parliament be recalled. However, the MP says this will largely depend
on how fast the AG will be in redrafting the two contentious Bills, at
the heart of the controversy over the Government's economic reform programmes.
But Runyenjes MP Njeru Kathangu says while there is need to urgently
recall parliament to discuss the crises facing the nation, the move must
not be tied to the demands by international donors.
"While there is a necessity that it be made a custom for Parliament
to be on call all the time, we cannot ask the House to reconvene just because
of the existence and beckoning of the IMF and World Bank," the Ford- Asili
MP observes.
Mosop MP John Sambu says that following the AG's admission
that he was pushed by donors into hurriedly drafting the Corruption Bill,
Parliament must be recalled to address the issues and other crucial reforms
demanded by the international Financial Institutions.
Says Mr Sambu: "It is now obvious that this money will not be released
soon, throwing the country into a possible crisis sooner than later, with
the Government attempting to borrow internally to finance its operations.
The sad thing is that it is the tax-payer to bear the brunt."
The Kanu MP says the House should be reconvened as a matter of urgency,
saying nothing should come in between Parliament and its wish to debate
matters of national importance as a priority "because it is Supreme."
According to the Constitution, the powers to summon Parliament is vested
in the President. However, when Parliament is in recess, it can only be
called back by the House Speaker at the request of the Government.