Devki should not try to reverse our democracy

Entrepreneur Rajendra Raval, also known as Guru, is no doubt an industrialist with mammoth influence. The businessman has massively invested in Kenya and employed thousands of Kenyans and is one of the country’s top taxpayers.

For that Guru, who is the founder and CEO of Devki Group of companies and also Chancellor of Egerton University, deserves both congratulations and respect.

Early this month, man went out of his way to publicly prescribe for Kenyans a governance model that can only be achieved through a selfish change of the Constitution to meet his wishes. On April 8, during the inauguration of his Sh45 billion clinker factory in West Pokot, Guru suggested that President William Ruto, to whom he was playing host, be allowed to rule for 25 years. The business magnate was supported by MP David Pkosing of Pokot South. Ruto steered clear of the subject.

Raval is no ordinary Kenyan. He is a man of means, power and influence.  However, like the rest of us he is constitutionally entitled to his opinion.

But the problem with Guru’s opinion is that it is unconstitutional and it requires an alteration of the Constitution for his wish to be granted. Kenya’s Constitution stipulates that a person elected President or Governor shall serve a maximum of two five-year terms.

 Thus, the maximum Ruto can serve is 10 years. But he will have to face the electorate in 2027 to renew his mandate. The best Guru can do for Ruto is campaign for his re-election. Anything beyond that would be an affront to the democracy Kenyans fought hard to achieve.

Guru’s remarks have elicited fresh discussions regarding Ruto’s tenure in office. Much so because he is not the first one. Fafi MP Yakub Salal  and Nandi Senator Samson Cherargei have expressed similar sentiments in the past. What is unique with Guru’s view is that he is a high flying investor with very close links to Ruto.

To start with, Kenya’s cement manufacturers have been protesting against what they view as a skewed tax regime aimed at sinking their businesses ostensibly to create crevices for Guru to thrive at their expense.

The cement producers claim the tax on steel and clinker as outlined in the contentious Finance Act 2023 was specifically meant to benefit Guru’s National Cement company and bring down the rest of the local companies. 

Their apprehension comes in the wake of reports that three manufacturers in the steel, packaging and cement industries had relocated operations from Kenya owing to high taxes even as they pointed at what they perceived as cozy relations between Guru and President Ruto, as the genesis of their fears with growing fears of an impending collapse of local cement firms, a move that would leave National Cement to dominate the industry.

Indeed, in the past one year, the price of cement in Kenya has risen from around Sh500 per 50kgs to over Sh800, representing a 60 per cent increase. Rival industry players claim  that the 37.5 per cent tax inserted in the Finance Act 2023 on imported clinker and steel was cleverly weaved in by State mandarins with a view to enabling Guru’s cement firm,  National Cement, to have a monopoly in the industry and at the same time compel local cement firms to purchase the materials from the Raval-owned cement firm, failure of which they would fold.

Their sentiments are pegged on recent on the fact  Guru has been dancing around the presidenccy so prominently. On November 19,Ruto opened the Devki Integrated Steel Plant, a Sh 45 billion steel manufacturing firm owned by Raval in Kwale. Guru sought to be enjoined in a court case filed Busia senator Okiya Omtatah to challenge the Finance Act as an interested party, from which platform he aligned his arguments in favour of the State.

On June 23 last year, President Ruto appointed Guru to chair a presidential taskforce on Government Press Reforms.

On February 17 last year, Ruto appointed Guru to chair a 13-member Steering Committee of the National Lottery Taskforce for a period of three months.

Stakeholders opine that the tax on imported steel billets and clinker was meant to boost Guru;’s interests. Guru is a visionary investor. However, he should not let his closeness to Ruto to veer him into dangerous waters like  pushing for a violation of the Constitution so that Ruto overstays in power for Guru’s businesses to thrive.  It is untenable.

— The writer is the Revise Editor, People Daily—[email protected]