UDA charters are empty theatrics tailored to bamboozle villagers

If you tell a lie big enough

and keep repeating it, people

will eventually come to believe it.

Joseph Goebbels, Nazi minister for Propaganda

The United Democratic Alliance (UDA) has been treating us to daily campaigns in Mt Kenya region and then sporadic stage-managed signing of county economic charters in other regions. Whilst it spends time and money in wooing Kikuyu nation votes, the rest of the country is lulled with high-sounding economic charters. These charters are empty political commitments. The charters aren’t worth the paper written on. You can’t promise what you don’t have: ex nihilo nihil fit!

Budgetary and revenue allocation and development of government resources are not left to the whims of excited villagers.

When a political VVIP entourage sets up camp in a rural county and invites locals to say what they want, the most primitive instincts of pseudo importance are aroused. A villager given a microphone to prioritise his development needs to a sitting Deputy President is a truly psychedelic experience. It is like inviting a Grade 1 pupil to ask the school board of governors what should be prioritised in school.

The truth is, the villagers are on a false political voyeurism. Budgetary and revenue allocation is a preserve of Parliament. The Finance Cabinet secretary generates our annual development proposals through the Finance Appropriations Bill. Parliament then discusses and debates the Bill and approves with or without amendments how we shall spend our money. Parliament also shares out the revenue meant for counties. The so-called county economic charters have no place in this legislative process.

Appropriations Bill

Once the Appropriations Bill is enacted into law, money is disbursed to the user ministries, programmes and state corporations. Then the law set out in the Public Procurement & Disposal Act and Public Finance Management Act kick in. These two Acts principally set out the road map on how government money is spent, how services are procured and how projects are carried out.

Just because a so-called economic charter sets out the priorities of a county doesn’t mean it will comply or fit into these two statutes. Every ministry, government department and state corporation has a five-year or 10-year strategic plan arrived at after a lengthy and deliberative process.

If these county economic charters don’t fit into either the legislative process or the agenda of the user ministry, department and state corporation, are they contractually enforceable?

An enforceable contract is one involving legal entities with locus standi to sue or be used.

Our Constitution sets out the national government, state corporations, independent bodies and Parliament as legal persons.

In respect of public money, political parties can’t make commitments to the public.

The contracts signed between UDA leadership and excited villagers have no place in the Constitution.

In the unlikely event of UDA coming to power, they will simply tear the charters with no legal consequences.

Those who signed on behalf of the counties have no legitimate claim or legitimate expectation in law capable of founding a suit.  No sane judge will entertain any suit founded on these charters. Political promises are like marriage proposals. They create moral but no legal commitment.

During election campaigns, political parties and candidates promise the heavens to their gullible voters even when the voters have no earth to stand on.

 In many democracies, political parties have existing or publish new manifestos on their promises.

In civilised democracies, voters hold to account the party they have elected and should they fail to implement the manifesto, it is thrown out in the next elections.

UDA has refused to publish a national manifesto like Azimio, but has instead engaged in these so-called county economic charters.

National manifesto

When you publish a national manifesto, it makes it easy for voters to have a national scorecard.

If you promise tablets to all primary school children, it resonates across the whole country and it is easy to mobilise the people if it is not fulfilled.

But if you promise my people of Elgeyo Marakwet in a charter to build a polytechnic in Cheptongei, how will it affect the people of Mandera if you don’t build it?

The entire motive of UDA economic charters is to arouse localised excitements with no intention whatsoever of fulfilling them.

UDA economic charters is charlatanry at its apogee.

It is the staging of magic tricks in local markets.

It is the promises of miracles by Rasputin. Only the naive will be bamboozled by these theatrics.

These charters have no constitutional, statutory or contractual underpinning. They are promises of political night-runners.

Donald B Kipkorir is an advocate of the High Court of Kenya and supporter of Raila Odinga’s presidential candidacy.