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VOL.2 October 2010
Gaining Momentum
Kenya's new Constitution is giving investors much cause for optimism
By ALPHONCE SHIUNDU

MILESTONE: Kenyan President Mwai Kibaki shows off the country's new constitution on August 27 XINHUA

The economic growth had hit 7 percent in 2007, but because of the post-poll violence it dropped to a measly 1.7 percent. The International Monetary Fund has projected that Kenya's economy will grow at 4.5 percent in 2010.

"We should not forget that Kenyans now rejoice because the Constitution promises them both freedom and wider prosperity," he wrote in a recent newspaper article. "By approving the new Constitution in the shadow of the Kenya Vision 2030, Kenyans have made their choice: it will be democracy with a rapid economic transformation to a rapidly-industrializing country status in 20 years."

Dr. David Ndii, a respected economic consultant, has been all praise about what the new Constitution means to Kenya's economy.  In a special commentary published August 27 in the Daily Nation (Kenya's popular daily newspaper), Ndii noted that the new law "legitimizes, formalizes and makes transparent the politics of resource allocation."

"It also shifts the theater of public resource distribution politics from the executive to the legislature. This should free the national executive, that is, the president and Cabinet to concentrate their energy on national affairs," he argued.

Dr. Ndii cites the establishment of a Judiciary Fund as one of the avenues through which the independence of the courts will be guaranteed.

Parliament too gets more powers in budgeting, public spending, and taxation. These powers were in the Executive's domain under the old legal regime.

Gwada Ogot, a governance pundit, is also of the view that the new Constitution is a boon to local entrepreneurs "if well implemented."

He told ChinAfrica that the "less politics there is in government, then the easier it should be to do business with the government."

"It may enhance greater expertise at local levels with greater local demand. [While it may not put more money into my pocket], it will enhance service supply which will retain money in my pocket," said Ogot.

The consumers too are upbeat about the new law because in the Bill of Rights, they get enormous safeguards against business malpractices such as market-place abuse, and the deceptive advertising of services and products.

But as every person agrees, the work has just begun. The mouth-watering future that has given rise to the sweet optimism among all Kenyans all depends on how the new Constitution is implemented.

(Reporting from Kenya)

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