MWAMISI: Good regulation is not by accident, it takes design

Participants at the Second Annual Regulatory Authorities and Agencies conference held in Eldoret this week /HANDOUT

In a decisive move that reverberated across Kenya’s higher education sector, the Commission for University Education launched a targeted operation in Mombasa, dismantling a fraudulent degree-awarding scheme that had been operating under the guise of an accredited institution.

The operation centred on the so-called Northwestern Christian University College, which had been issuing unaccredited degrees, including bachelor's, master's and PhDs, to unsuspecting individuals.

The CUE, in collaboration with the Directorate of Criminal Investigations, raided a graduation ceremony at Wild Waters Nyali, arresting the institution's Chancellor Moses Masiga and Vice Chancellor, Jackson Khayamba.

They were charged with conferring degrees without accreditation, a violation of the Universities Act. Over 100 individuals, some of whom had paid substantial fees for these bogus qualifications, were detained for questioning and later released.

This crackdown underscored the CUE's commitment to safeguarding the integrity of Kenya's higher education system and protecting the public from fraudulent academic practices.

This move, however, extends beyond higher education and signals a broader transformation taking place within Kenya’s regulatory landscape.

It is part of an overarching strategy to re-imagine and revitalise regulatory bodies across all sectors. In recent years, numerous regulatory authorities have stepped up their game, shifting from outdated, often passive approaches to more active, assertive strategies.

The key focus has been on modernising regulatory frameworks to ensure they are fit for purpose in today’s fast-paced, interconnected world.

This shift is not merely about enforcement; it is about making regulatory bodies more agile, responsive and aligned with the evolving needs of the public.

Whether in education, health, or industry, regulatory authorities are increasingly adopting digital solutions, enforcing stringent compliance measures and strengthening their oversight functions to ensure that public and private interests are protected.

This transformation signifies a determined effort to address systemic challenges, create a culture of accountability and guarantee that regulatory standards keep pace with national development aspirations.

The leadership of the Head of Public Service, Felix Koskei, has been instrumental in steering these reforms. In his closing remarks at the Second Annual Regulatory Authorities and Agencies Conference, Koskei highlighted the tangible results of the revitalisation efforts.

“The exchanges in this forum reaffirmed that our revitalisation and re-energisation efforts are already yielding tangible, evidence-based results as innovations and progress that is both commendable and encouraging was showcased,” he stated.

He further emphasised the need for regulatory bodies to align their performance with the nation's ambitions, stating: “As we now move into the next phase of reform, change in performance that matches the scale of national ambition is expected of RAAs.

The time for planning has passed; we are now firmly in the territory of delivery. Gaps identified in our reviews must translate into clear, time-bound corrective action.

Regulatory frameworks must be current, coherent, and reflective of the public’s expectations. Digital tools must be embraced, not as add-ons, but as core enablers of effective oversight and citizen engagement.

Enforcement, too, must be exercised boldly and fairly. Regulatory lethargy is no longer an option.” Koskei's remarks encapsulate the essence of the ongoing reforms: a shift from theoretical planning to actionable delivery.

His call for bold enforcement and the integration of digital tools underscores the need for regulatory bodies to be agile, transparent and accountable in their operations.

The recent actions taken by CUE in Mombasa serve as a testament to the emerging effectiveness of these reforms.

By swiftly addressing the issue of unaccredited degree-awarding institutions, CUE demonstrated its capacity to protect the public and uphold the standards of the higher education sector. This intervention not only safeguards the value of academic qualifications but also reinforces public trust in the regulatory frameworks that govern critical sectors.

As Kenya continues to navigate the complexities of development, the role of regulatory bodies will be pivotal in ensuring that progress is achieved without compromising on quality or integrity. However, the recent incidents within the built industry serve as stark reminders of the dangers of poor regulation. One such incident is the tragic collapse of the Tassia II Estate building in Nairobi, which led to the loss of several lives.

Investigations revealed that substandard materials, inadequate inspection, and poor enforcement of building codes were key factors contributing to the disaster.

This tragedy underscores the dire need for more stringent oversight and enforcement in the construction sector.

The ongoing efforts to revitalise and re-energise regulatory bodies are laying the groundwork for a regulatory environment that is not only responsive to current challenges but also proactive in anticipating future needs.

It is clear that stronger, more effective regulation is crucial to prevent such avoidable calamities and ensure the safety and well-being of all citizens.

The need for regulatory agencies to function with agility, effectiveness, and accountability has never been more critical, especially as Kenya strives to meet its ambitious development goals.

These bodies must evolve beyond outdated frameworks and respond swiftly to the demands of a rapidly changing society.

It is only through proactive and predictive action can the entities in this space make a lasting impact across the country.

The writer is a political commentator