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Citizens are unlikely to be productive and innovative when every aspect of their everyday life is under banal and continous legislation.

Imagine a young man of 18 years being hauled in court and fined Ksh 200,000 for dumping his girlfriend of two weeks because in the heat of the moment,he promised a girl of 18 years some form of commitment to secure his biological gratification for a sleep-over.

Imagine too,the famous Mututho of Nacada scaling your compound fence to sniff at a glass of fermented fruit juice you are imbibing in your home garden to ensure that your home is alcohol free environment.

Imagine cops who should be busy fighting terrorism sneaking on pedestrians at Mlango Kubwa with alcoblow to test the drunkards staggering from busaa dens for their breaths alcoblow content.

These are not hypothetical hyperboles,but things that our revered senators are contemplating in their serious business as law makers for our beloved nation.

In fact,they want to amend the already contestable alcoblow menace law into something close to Sharia law.

Ah!, and that reminds me that Lamu county wants to legislate on particular hair styles and dress fashions including Buibui’s and miniskirts!

And the MCA’s want to be granted fuel guzzlers to facilitate them on these noble endeavours!

Don’t even mention the absurd By-laws of our County Governments and tax regimes that charge you Ksh 25.00 to own a chicken in your home.

Is this the devolution that our sacred constitution foresaw in taking the government functions to the grass roots?

Is this what Kenyans had in mind when they cheered the birth of their world class new constitution instrument?

How many laws are needed to beat citizenry into law obeying citizens?

Kenya needs a smarter approach to citizens regulation and general legislation.

First, all important rules should be subjected to cost-
benefit analysis by an independent watchdog.

The results should be made public before the rule is
enacted.

All big regulations should also come with
sunset clauses, so that they expire after, say, ten
years unless the parliament explicitly re-authorises them.

More important, rules need to be much simpler.

When regulators try to write an all-purpose
instruction manual that guides everyday life of citizens, the truly important dos and
don’t are lost in an ocean of verbiage.

Far better to lay down broad goals and prescribe only what is
strictly necessary to achieve them.

Legislators should
pass simple rules, and leave regulators to enforce
them.

Would this hand too much power to unelected
bureaucrats,say Nacada,NTA,Police ?

Not if they are made more accountable.

Unreasonable court judgments should be subject to swift
appeal.

Regulators who make bad decisions should
be easily sackable.

None of this will resolve the
inevitable difficulties of regulating a complex modern
society.

But it would mitigate a real danger: that
regulation may crush the life out of Kenya’s
economy.

Posted from WordPress for BlackBerry.

Posted from WordPress for BlackBerry.

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