Can Kenyans Protect and Preserve State Property?

 In Constitution

Ever been in traffic and seen a convoy of at least three high end vehicles transporting a Cabinet Secretary or Governor? Ever noticed that each financial year the Government of Kenya purchases new vehicles, furniture and equipment? Some of the disposed vehicles, furniture and equipment have hardly been in use for more than three years. If you have worked in government department you will notice that there is a general assumption that government resources are unlimited. It is not unusual to see a brand new vehicle parked for missing spare parts or for the simple fact that a new vehicle has been purchased. Walk around government offices and you will see tonnes of furniture and equipment lying in waste. This happens while disposal of public assets is a long and winding process. A perfect example is the Judiciary car park at Milimani that hosts tens of discarded high end vehicles.

While we may invoke Chapter Six and Twelve of the Constitution on integrity and public finance management respectively much of the wastage and squander at the national and county government boil down to individual integrity. Take for example a Governor’s or a Cabinet Secretary’s motorcade with four brand new high end vehicles. The average cost of that motorcade is KES.30M. Assuming the motorcade is changed every two years, it means that KES.60M will be spent on the motorcade of a single state officer. For all Cabinet Secretaries and Governors the average cost of the motorcade in five years will be KES.2.13Bn. Note that there are 100s more of State Officers who are entitled to at least one high end official vehicle.

The above just illustrates the amount of wastage that goes on in national and county governments. Further, the maintenance and use of the vehicles is poor and they often breakdown requiring expensive servicing or replacement of parts. In as much as protection and preservation of public property, Kenya requires a strict public property protection and preservation law. The law would provide for duties and responsibilities of any individual working in government or using government property to ensure that they protect and preserve state property and natural resources.

Tanzania has made an attempt to include preservation and protection of national resources and property in their draft Constitution. Clause 59 of the Tanzanian Draft Constitution provides that:

(1) Every person has the duty to protect and preserve the natural resources of the United Republic, the property of the state authority, all property collectively owned by the people, and also to respect another person’s property.

(2) All persons have the duty to:

(a) combat all forms of waste and squander, and to manage the National economy assiduously with the attitude of people who are masters of the destiny of their nation.

(b) provide information about the sabotage of National resources.

The gist of the provision above, is that public servants and the citizens of Tanzania will have a collective duty to protect public property and resources while having a feel of national ownership of the same. While implementation of the proposed provision may not be perfect on implementation, it indicates a national awareness of the need for all to be responsible to prevent waste and squander of state property.

Several solutions may be applied to Kenya: one, a public property protection and preservation law, two, a moratorium the unnecessary purchase of purchase of public vehicles, furniture and machinery and three, setting alternate years where only selected department within a certain period may make purchases.

Ambitious, but some action is needed on the wastage and squander of state property.

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