From policy to practice: Kenya’s struggle to fix governance failures

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NAIROBI, Kenya, Apr 8 — Beneath the steady rhythm of policy forums, audit reports, and periodic street protests, a deeper question continues to shadow Kenya’s governance debate: why does the system still fall short despite a robust legal framework and years of investment in public sector leadership?Across boardrooms, Parliament, and community spaces, a clearer consensus is taking shape—Kenya’s governance challenge is no longer about a lack of laws or expertise, but structural weaknesses that undermine accountability, delay implementation, and steadily erode public trust.At a recent governance forum in Nairobi, leadership expert Wale Akinyemi offered a blunt diagnosis:“The problem is not that we do not know what to do. The problem is that we do not do what we know.”His remarks capture a persistent disconnect between policy design and execution.Institutions such as the Kenya School of Government train thousands of officials each year, yet service delivery remains uneven.Governance experts say the gap is not merely technical, but ethical.While constitutional provisions—including Chapter Six on leadership and integrity and Article 10 on national values—are widely regarded as robust, enforcement remains inconsistent.‘Ethics gap‘That inconsistency is most visible in the fight against corruption.David Oginde, chair of the Ethics and Anti-Corruption Commission, has warned of its hidden but pervasive nature, likening corruption to a “snake under the bed”—concealed, dangerous, and capable of striking unexpectedly.Despite repeated scandals, accountability often falters at the enforcement stage. Cases drag on, collapse, or fail to dislodge those implicated.Lawyer Willis Otieno frames the consequences in stark human terms: “Every time you steal from public coffers, you sign a death certificate for a child who’ll die in a hospital with no drugs.”“Corruption in Kenya isn’t an abstract crime committed on paper; it’s a blood trail,” he argues.Kenya’s oversight architecture is extensive, but its impact is often diluted by fragmentation.Reports from the Office of the Auditor-General and the Controller of Budget repeatedly flag similar concerns—weak procurement systems, unsupported expenditures, and stalled development spending. Yet audit findings rarely translate into swift sanctions, reinforcing cycles of impunity.Within sectors, similar gaps persist.Head of Public Service Felix Koskei has cited procurement irregularities, conflicts of interest, and weak oversight in schools, including cases where board members supply goods to institutions they oversee.Abuse of powerIn policing, concerns over abuse of power and custodial deaths continue to surface.The case of Albert Ojwang—a 31-year-old teacher and digital activist who died in police custody on June 8, 2025—sparked protests, public outrage, and legal action against officers.Inspector General Douglas Kanja has pledged reforms to transform police stations into “centres of excellence,” while the National Police Service Commission says it is reviewing training and recruitment to embed integrity.Analysts, however, say such efforts remain siloed and lack systemic coordination.Public frustration is increasingly shaping the governance debate.Youth-led protests in 2024 signaled a generational shift, driven by unemployment, inequality, and exclusion from decision-making.Activist Francis Awino argues governance must move beyond elite spaces:“Meaningful understanding of governance is not limited to classrooms.”He advocates structured platforms linking citizens directly with policymakers.At the same time, weak communication between government, media, and the public continues to fuel mistrust—even where reforms are underway.“A lot of good may be happening, but if it is not communicated, people form their own conclusions,” Akinyemi said.Judiciary under scrutinyConcerns over accountability extend to the justice system.Senior lawyer Ahmednassir Abdullahi has been sharply critical of alleged judicial misconduct in his fight agsint what he has termed as ‘JurisPESA’.“Kenyans are powerless against ‘JurisPESA’ judges,” he argued in one of his fierce rebukes against the Judiciary. “The JSC has been rendered toothless.”He was referring to the Judicial Service Commission, which oversees discipline within the judiciary.While reforms led by Chief Justice Martha Koome are underway, critics say progress remains slow and public confidence fragile.Analysts, activists, and some policymakers argue incremental fixes will not resolve Kenya’s governance challenges.Instead, they point to structural reforms aimed at aligning institutions, incentives, and accountability.Enforcement-first governanceShift focus from policy creation to implementation.Titus Gitonga of Transparency International Kenya says weak enforcement of integrity provisions has undermined public trust:“Chapter Six of our Constitution has not played the critical role Kenyans hoped for.”Break down institutional silos by linking audit, investigation, and prosecution functions through coordinated digital systems with real-time follow-up.The Salaries and Remuneration Commission is pushing for budgets tied to measurable outcomes, limits on excessive recurrent spending, and citizen-friendly reporting.Institutionalise citizen participation through structured dialogue, civic education, and participatory budgeting.Shift beyond technical training toward behavioural accountability—linking performance to ethical conduct.“When leaders invest in character, institutions perform better and public trust grows,” said Josephine Mwanzia of the Kenya School of Government.Kenya’s governance challenges are not rooted in a lack of frameworks, but in the failure to align institutions, leadership behaviour, and citizen expectations.Closing that gap will require more than new policies.It will depend on sustained political will, credible enforcement, and a more engaged and informed public.