EXPLANATORY NOTES TO THE PRESIDENTIAL HUMAN RIGHTS & ACCOUNTABILITY CHARTER
What should Kenya ask of their President?
Kenyans keep consistently calling for a leader who is clear in vision; compassionate; accessible and responsive to the needs of the people. They ask for a President in touch with the common people; incorruptible and one who will dedicate his energy to the service of all Kenyans putting the public national good above any partisan or personal interests.
We are rallying Kenyans to prevail upon presidential aspirants to commit to the following pledges which define the characteristics of the President Kenyans desire.

EQUITABLE SALARIES IN PUBLIC SERVICE.

1. The total public wage bill extrapolated from the 2005/06 expenditure estimates stood at Kshs Kshs 199.4 Billion a year. This translates to a public salary bill of Kshs 16.5 Billion every month. In the list below, we compare what the top public earners take home against what middle level and low ranking  workers are paid

 

Public Officer	Approximate Salary per month in Kshs	difference between highest and lowest paid
President & Commander in Chief of the Armed Forces	1,900,000/-	1:190
Cabinet Minister	1,077,500/-	1:108
Attorney General	1,200,000/-	1:120
Head of the Civil Service and Secretary to Cabinet	1,200,000/-	1:120
Chief Justice	1,200,000/-	1:120
Speaker of the National Assembly	1,200,000/-	1:120
Member of Parliament	877,500/-	1:88
Director,  Kenya Anti-Corruption Commission	2,500,000/-	1:250
Assistant Director, KACC	1,700,000/-	1:170
University Lecturer	50,000/-	1:50
Primary School Teacher- P1	13,000/-	1:1.3
Police Constable	18,000/-	1:1.8
Minimum taxable income	10,000/-	1:1

Our research reveals that the top 1,500 (0.25%) of the highest paid public officials from a total public workforce of 657,000, consume upwards of 5% of the total wage bill. In 1972, the ratio between the lowest paid civil servant and the highest was 1:40. Today, the difference has climbed to 1:250. If the prevailing rate in the world 1: 40 was applied, the highest paid public servant should be paid no more than Kshs 400,000/-.

2. Reducing the salaries and allowances of top public service officials: Nicaragua’s new President upon assuming office in January 2007 slashed his own salary from around Kshs 552,000/- to Kshs 220,000/- a month and indicated that those of Ministers and senior civil servants would be slashed as well after seeing the huge public wage bill. In the table below, we provide a preliminary summary of what other heads of states in other jurisdictions take home

 

Country	Approximate Monthly Salary in Kshs	Average Income	Annual Budget
USA	2,640,000/-	266,085/-	154,687 billion
UK	2,345,137/-	225,600/-	64,342 billion
India	150,000/-	4,380/-	8,191  billion
Kenya	1,900,000/-	3,200/-	500  billion

 

The government of President Jakaya Kikwete in February 2006 rejected a proposal by members of Parliament for a salary increase to double their pay initiated by MPs. Cutting the current salary of 222 MPs by half would save Kshs 355 Million annually enough to construct 1, 775 classrooms at a cost of Kshs 200,000/- each.  The table below provides a comparative analysis of MPs’ salaries:

Country	Approximate Monthly salary & allowances in Kshs	Average Monthly Income per person in Kshs	National Annual Budget in  Kshs
Kenya	877,500/-	3,200/-	500  billion
Tanzania	116,666/-	2,060/-	163  billion
Uganda	180,000/-	1,700/-	135  billion
Nigeria	61,666/-	3,400/-	939  billion
South Africa	246,642/-	30,170/-	4,811  billion
India	75,938/-	4,380/-	8,191  billion
The UK	1,816,200/-	225,600/-	64,342 billion
United States	1,018,733/-	266,085/-	154,687 billion
Norway	542,000/-	357,540/-	5, 184 billion

 

 

 

PUBLIC RESOURCES

3. Kenya’s GDP is currently estimated at Kshs 1, 600 Billion. If the Government committed to channel each year only 2.5% of the total economic wealth of the country to marginalized areas like the former northern frontier district, this would translate to Kshs 40 Billion annually. As an example, tarmacking the 500 kilometer road from Isiolo to Moyale on the Ethiopia border and the 700 kilometer stretch from Garissa to Mandera at an estimated Kshs 20 million per kilometer would require Kshs 24 Billion. This would give the people of northern Kenya a much-needed link to the rest of their country.

 

4. The Government has stated that restricting Ministers, Assistant Ministers and Permanent Secretaries to one official car each would save about Kshs 1.5 Billion per year. Goldenberg cost the tax payer an estimated Kshs 70 billion an amount that could tarmac 3,500 kilometers of roads. Anglo Leasing & related scandals involving passports, security communication, forensic labs and the navy ship cost Kenyans Kshs 18.7 billion which could fund free secondary school education which is estimated to cost Kshs 20 Billion.

5. Free compulsory secondary school education: A survey by the Daily Nation relying on data collected from a state research agency, the Kenya Institute of Public Policy Research Analysis (Kippra)- has estimated the minimum unit cost of offering free secondary education to work out at Kshs 20 Billion annually. The current allocation to the education budget is 7.4% of GDP amounting to Kshs 92 Billion. If this was marginally increased to 8% of GDP to fund, education it would yield Kshs 128 Billion which would be enough to provide free education in secondary schools.

 

6. The issue of Public Debt: Since independence, Kenya has contracted a public debt approximated at Kshs 1,190 billion- equivalent to the entire credit the United States availed under the Marshall Plan for Europe’s reconstruction after World War II. Many of these credits were opaquely contracted. Despite having since repaid in principal, interest and accruing penalties over Kshs 3,500 billion, we still have a balance of Kshs 700 billion in outstanding debt. The Public Debt Register is a state secret. Opening up the Public Debt Register would address the issue of equity, ethics and fairness of Kenyans continuing to service these and other debts especially taking into account the opaque manner of their procurement.

SECURITY

• Security: It is the legal duty of the government to protect its citizens. 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. Kenyans must get value for their taxes by being protected from crime and the ravages of corruption. The proliferation of guns; the rising spread of private militias; the mushrooming of urban criminal groups of thugs; suspicion of increased police complicity in the crime waves; the rising scores of killings by security officials in circumstances suggesting possible extrajudicial executions; all must be brought to an end. It is not proper to have vigilante groups and other types of hooligans provide security. The rule of law must be restored and protected by having adequate police numbers who are answerable to the public if people are to have confidence in the organs of the State. Further, the experience of other jurisdictions has been that effective civilian oversight over the police induces accountability hence improving service delivery to citizens.

DILIGENCE IN PARLIAMENT

8. Parliament is the most important source of law in the country and no Government activity can be conducted at the national level without legislation. Attendance by the President at least once when the House is in session would demonstrate commitment and recognition of Parliament as a crucial accountability check on Government and further accord Parliament dignity and prestige.

 

TRANSPARENCY AND ACCOUNTABILITY

9. Appointing people of integrity to public office inspires confidence in the public if the civil service is characterized by commitment to the public welfare. If Government is transparent, prudent and disciplined in its commitment to public service, it breeds a civic spirit in society including willingness to pay taxes and obey the law. This also provides credible signals to the rest of society on what type of behaviour is acceptable and can help end the culture of impunity.

 

10. Size of Cabinet:

Country	Cabinet portfolios	Assistant / Deputy Ministers	Population	GDP in Kshs
India	42		1.13 Billion	64,960  Billion
Kenya	32	50	35.9. M	1,600 Billion
South Africa	28	21	42     M	17,920 Billion
Tanzania	27	17	38.4  M	913 Billion
Uganda	25	44	27.6  M	546 Billion
USA	15	15	302.1  M	978,600 Billion

11. Commitment to non-discrimination: Appointments to cabinet and to the public service must satisfy ability, gender, merit and ethnic diversity of the country instead of the current practice of using identity politics especially within parties to legitimize the political use of ethnicity or religion by a group to mobilize some populations while excluding others from access to power or appointments to public positions.

 

12. Parliamentary scrutiny: Though we have no modalities of parliamentary vetting over public appointments, a President subjecting his appointees to such an essential tenet of accountability in vetting his choices would demonstrate that government possesses the confidence of the people’s representatives. This will also contribute to the role of Parliament as an accountability check on Government

13. The wealth of the President and his family should not be secret. Whether the Public Officer Ethics Act is amended or not, making wealth declarations public will be a sign of integrity from the President and senior government officials including MPs

 

14. Respect for the rule of law: The President ought to lead by example in indicating the conduct expected of senior officials by recognizing institutions of scrutiny and accountability. Examples in Africa abound. In South Africa, the South African Rugby Football Union (SARFU) went to court to block a probe appointed by President Mandela to investigate allegations of racism and mismanagement in rugby. Even though he was President, Mandela presented himself before the Court and took to the witness stand. Recently Ghanaian President John Kuffuor had indicated his willingness to appear before the Commission on Human Rights if summoned in recognition of the supremacy of institutions over individuals.

15. Freedom of Information. The Government holds information not for itself but as a custodian of the public in whose name it exists, which is why Kenyans should have a right to access this information.  Indeed both Article 19 in the UDHR and ICCPR recognize the right to information as a fundamental human right. Access to governmental held information will guarantee transparency and encourage accountability on the part of the government. Article 9 of the African Charter on Human and People’s Right provides that every individual shall have the right to receive information and to express and disseminate opinions within the law.

 

16. The President must treat all regions equally whether they support him or not. By visiting every province at least once a year to inspect development projects, the people will feel that their leader cares for them and they are not disconnected from the center of power. The President should also take time to listen to wananchi as President Mbeki does in his provincial tours of South Africa.

17. Public Accountability Fora: The mark of a true democracy is not just elections but also what happens in between elections. The Government has a duty to listen to the concerns of citizens outside  channels like Parliament

 

18. Protecting Multi Party Democracy: Support by MPs 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 President should accordingly refrain from appointing opposition members of Parliament into cabinet without consent of their sponsoring parties as required by law. This will ensure that future coalitions are negotiated between political parties and not between individuals hence protecting multi party democracy.

INTERNATIONAL TREATIES

• International Treaties: By bringing a bill to domesticate all international treaties that Kenya has ratified or acceded to, the Government would enhance its credibility in terms of matching its rhetorical commitment in ratification with cogent action locally. Such a move would open new avenues of jurisprudence for Kenyans in securing and defending their rights through actions founded on international custom