New report warns of ‘watermelons’ threat

By  EMEKA-MAYAKA GEKARA gmayaka@ke.nationmedia.com AND SAMWEL KUMBA skumba@ke.nationmedia.com
Posted Saturday, November 13 2010 at 21:00

Politicians labelled “watermelons” during the referendum campaigns may pose a considerable threat to the implementation of the new Constitution.

An audit report of the grand coalition says the “watermelons” – a group in the ‘Yes’ campaign that was seen as opposed to the constitution – will continue opposing it as long as it threatens the status quo and their chances to benefit from bad governance.

The report, which will be discussed by the Serena Group this week, was commissioned by the Kofi Annan Panel of Eminent African Personalities.

It raises fears that anti-reformers may take over the implementation of the new Constitution and “cause setbacks throughout the process”.

The Kenya National Dialogue and Reconciliation Monitoring Report notes that the Constitution has raised public hopes for the emergence of a new culture of governance but advises Kenyans to block anti-reformers from controlling the implementation phase.

The report by South Consulting dated October 2010 points out that “old habits,” which have started creeping back, may lead to public despair.

Be disillusioned

“The culture of bad governance is deeply embedded in all institutions and there is no debate on how to end it. The public will be disillusioned once they see the culture of business-as-usual slipping back,” it reads in part.

“To assuage the fears of the numerically small groups in the counties, legislation on county governments must underline the principle of inclusive government and ensure all groups are adequately represented.”

The report further calls for civic education on the new laws to manage people’s expectations.

Parliament is in a rush to beat deadlines for setting up key commissions to implement the new Constitution.

Last Friday, President Kibaki and Prime Minister Raila Odinga led the Cabinet to a retreat in Mombasa to seek ways of speeding up the establishment of key organs of implementation.

The most urgent is the Commission on Implementation on the new Constitution as well as that of Revenue Allocation, which should be in place by the end of this month.

According to Article 262(25), the two commissions must be constituted within 90 days from the effective date of the new Constitution. President Kibaki promulgated the new Constitution on August 27. The other important organ is the Judicial Service Commission which ought to have been established by October 27.

Before they go on recess, MPs are also expected to pass laws to set up the Supreme Court, vet judges and lay the ground for devolution before the next General Election. The Supreme Court must be in place by May next year.

The report also calls for prosecution of “middle and lower level perpetrators” of the post-election violence, especially those who carried out arson, killings and rape. The writers reckon there will be no violence if the International Criminal Court (ICC) indicts senior politicians suspected of perpetrating the post-election violence.

They say the arrests would be deemed fair if the suspected politicians arrested preferably simultaneously or within a short successive order.

“If one community perceives itself as a target for victimisation, it might reinforce the prevailing discourses of persecution with consequences for peaceful co-existence in future,” the report reads in part.

“Elders will guide the community response, most probably by advising everybody to remain calm, ‘until an appropriate time’ while the government forces will be on high alert and quickly neutralise any violence breakout,” says the report.

Power politics

There is also another scenario in which communities will be preoccupied with the local level power politics and react with ambivalence to ICC indictments of community leaders.

According to the report, implementation of the new Constitution with power struggles at the country level could diminish the relevance of a community leader, and hence limit the capacity to mobilise sustainable support.

The report also highlights the lull in the activities of known illegal groups. It says some of their leaders are seeking to shed the negative image and present themselves as candidates for public office.

But there has been a rise in murders in Nairobi, Central and Nyanza regions, raising concern about the possible resurgence of illegally armed groups.

“The proliferation of extorting gangs especially in low-income urban areas has continued to pose serious threats to security,” states the report.

The report calls for the need to finalise police reforms. It warns against going into another election without the required police reforms.

“The new Constitution alone cannot guarantee stability. Only commitment to the spirit and letter of that constitution can do it,” the survey read in part.

The report also indicates that displaced persons perceived as “aggressors” have not received adequate government assistance.

Systematic assistance

“In particular, allegations of lack of systematic assistance to Kalenjin IDPs and others who lost property during the violence has bred deep resentment against Kikuyu IDPs who are perceived to be favoured by the government,” states the report.

Out of 6,802 displaced families, 789 had received plots and relocated to their farms, according to records from the Ministry of Special Programmes.