Long way to go as some Agenda Four targets far from realised

Published on 24/12/2011

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By LILLIAN ALUANGA

The year closes with a mixed bag of fortunes for issues itemised under Agenda Four during the signing of the National Accord in 2008.

While promulgation of the new Constitution marked the highlight of the struggle for reforms, its implementation has faced various challenges this year, including proposals to amend it. The latest has been a proposal to abolish the Senate, a move that observers say would water down what was envisaged by the Devolution principle in the new Constitution.

The Constitution Amendment Bill, which seeks to change the election date from December to August, alter the two thirds gender representation rule, and address delimitation of 80 new constituencies, has also been criticised by a section of leaders and civil society who argue it would be ill advised to alter the country’s supreme law at this stage.

Besides constitutional, legal and institutional reforms, land reforms, tackling poverty, inequality and unemployment, consolidating national cohesion as well as addressing transparency, accountability and impunity formed the plank of long -term issues referred to as Agenda 4.

National identity

Delays in enactment of laws, allegations of financial impropriety in management of Kazi Kwa Vijana funds, high unemployment and runaway inflation, the lack of a collective national identity, as well as a lethargic response from the country’s leadership on accountability and transparency of public office holders, are among challenges still facing the country.

To date, about 30 laws have been enacted but a rush to beat the August 27 deadline, as set in Schedule Five of the Constitution to pass key legislation has raised concerns over quality.

In remarks made at the Kenya National Dialogue and Reconciliation conference, at the beginning of the month, Chief Justice Willy Mutunga reiterated the need to ‘live by the Constitution’ and invited holders of public office with a contrary view to quit.

That the Judiciary, one of the institutions targeted for immediate reform in the wake of the 2007/8-post election violence, has made progress this year is not in doubt.

So far, it has in place a new Chief Justice, Deputy CJ (Nancy Baraza), Attorney General (Githu Muigai), Director of Public Prosecutions (Keriako Tobiko) and a newly established Supreme Court. Seven judges have also been nominated to the Court of Appeal.

But the same cannot be said of the police, an institution also targeted for far-reaching reforms after the post-poll chaos.

While crucial legislation such as the Police Service Act, the Police Service Commission Act and Independent Policing Oversight Authority Act have been enacted, the country is yet to get a new Inspector General of Police as it moves into an election year.

"Reforms within the Judiciary have so far won praise among Kenyans, with many optimistic about changes within the institution. What we still don’t know is whether the momentum will be sustained," says International Centre for Policy and Conflict Executive Director Ndung’u Wainaina.

Electoral reforms, which were largely hinged on delivery of a new Constitution, have seen the country get a new Independent Electoral and Boundaries Commission (IEBC).

The Commission however starts off nearly three months late, and is expected to handle the thorny subject of delimitation of 80 new constituencies ahead of the 2012 elections. Debate over whether to hold elections in August or December 2012 remains inconclusive.

"It is true that the IEBC now has a lot of power granted by the Constitution but essentially the electoral system, save from increasing the number of constituencies from 210 to 290 and introducing 47 elective posts for women, hasn’t changed much," says Wainaina.

Devolution, a fundamental pillar of the new Constitution, has also been identified as a potential source of conflict, as witnessed by the push and shove between Treasury and Local Government ministry on management of revenue at national and county levels.

But even as the country prepares for the 2012 election, land reforms are still far from impressive, with little progress made this year on an issue considered to be among underlying causes of the post-election violence.

Land commission

"The year has ended on the wrong footing for the sector whose last major achievement was promulgation of the Constitution in 2010. The National Land Commission is not yet in place. Bills like the Land Commission Bill and Land Bill are yet to go through, and the Environmental and Lands Court is yet to be operationalised," says Kenya Land Alliance National Co-coordinator Odenda Lumumba.

With key legislation on land expected to be in place by February 2012, stakeholders are apprehensive about the Government’s commitment in instituting comprehensive changes in the crucial sector.

Although most of the legislation on land was supposed to be in place 18 months after promulgation of the Constitution, there are aspects that will take up to five years to implement.

"There are issues to be discussed that would require public participation. I am afraid we may have a process which is hurried to simply meet deadlines," says Lumumba.

Mr Ibrahim Mwathane of the Land Development and Governance Institute says the country’s leadership needs to fast track implementation of land reforms for the nation to enjoy economic and political stability.

"We are headed for an election without having put some deliverables in place. The most natural and best course to take in discussing these issues would be where people can apply their capacity and minds without being affected by the politics that accompany an election year," he says.

The National Cohesion and Integration Commission on the other hand has its work cut out as the country moves into a heightened political season.

Its latest setback was the acquittal of former Roads Assistant minister Wilfred Machage, Mt Elgon MP Fred Kapondi and Christine Miller, widow of former Chief Justice Cecil Miller, on hate speech charges.

Besides the election, the Commission is also wary of potential triggers of violence such as the International Criminal Court process, devolution and crisis of the Internally Displaced Persons.