Kenya’s business environment faces a complex situation, characterized by both excessive and insufficient regulation, according to Pheres Kariuki, CEO of Pure Infrastructure Ltd. The challenges faced by businesses are likened to the situation in Colombia, where an uncontrolled population of hippos is negatively impacting the ecosystem.
In 1978, Pablo Escobar introduced four hippos to his Colombian estate, Hacienda Nápoles. Following his death in 1994, the animals were not relocated due to their aggressive nature. Without natural predators and limited resources, the hippos bred rapidly, growing from four to an estimated 170. The Colombian government has recently announced measures to address the growing population.
The hippos’ impact extends beyond direct threats to humans. Their waste significantly alters the river’s ecology, reducing oxygen levels, harming other fauna, and promoting algae blooms, effectively poisoning the water.
Kariuki argues that the Kenyan government has acted similarly to the hippos, creating instability within the local economy. Frequent changes to tax laws, rates, and amounts, coupled with a struggling judicial system, contribute to this disruption. Businesses are burdened by paying for services that should be provided through taxation, leading to reduced disposable income and economic hardship.
This environment fosters a situation where opportunistic entities, such as cartels, thrive by exploiting the dysfunction. Investors are deterred by the high regulatory and operational costs, particularly the significant impact of power costs, which account for half of overall expenses.
Kenya’s regulatory landscape is described as both over-regulated and under-regulated, with numerous bodies like NITA adding to the complexity. Businesses face additional expenses for security, staff medical emergencies, arbitration, and loans due to difficulties in contract enforcement. These factors hinder capital accumulation, creating a significant barrier for Kenyan entrepreneurs compared to their counterparts in other markets.
Tax obligations are now required to be prepaid, regardless of customer payments, and businesses can face permanent closure for even short periods of financial difficulty. Kariuki suggests that the focus should shift from infrastructure-led growth to simplifying business operations, reducing regulatory burdens, and facilitating capital accumulation.
The call to action is to address the current situation, streamline processes, and create a more supportive environment for businesses to thrive, effectively “removing the hippos from the river” and preventing further harm to the economic ecosystem.
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