Annan report faults government on institutional reforms

By Peter Orengo

A report submitted to the Panel of African Eminent Personalities accuses the Kenya government of paying lip service to crucial institutional reforms touching on graft and police reforms.

The panel chaired by former UN Secretary General Kofi Annan has faulted the government for slow progress in police reforms and war on corruption.

The latest progress review reports produced by South Consulting identified the implementation of the Constitution, police reforms, addressing ethnic inequalities in the civil service, and fighting impunity, especially with regard to corruption as key areas the government has failed in.

The areas were part of what the parties to the Kenya National Dialogue and Reconciliation (KNDR) identified as critical for review of the Constitution as important institutions that required urgent intervention.

Former UN Secretary General Kofi Annan and chair of the Panel of African Eminent Personalities. The panel faults the Kenya government for slow progress in police reforms and war on corruption. Photo: File/Standard

However, the Panel was happy with the achievements made in the Constitutional review process, which went much faster, relative to the previous efforts. Also, it was done in line with the KNDR principles, and parameters developed to ensure a successful completion of the review.

"The Constitution enjoys huge public support and legitimacy. The main challenge remains implementation," said the report in part.

It blames this on the forces that opposed the new Constitution during the referendum, who are said to be still very much in place.

The report notes that the coalition government is lacks cohesion with obvious divisions showing along party and ethnic lines. This in effect constrains the development and passage of legislation.

"The older order and culture is very much in place and remains an important hurdle in the implementation process. These divisions have transformed into a base for pursuing individual self-interests rather than promoting the public good," said the report.

The report noted that there has been progress in institutional reform, especially within the Judiciary and the Parliament. The Judiciary was praised for entrenching a culture of transparency in the conduct of its affairs.

As a result, public ratings of its performance have risen from 32 per cent in December 2008 to 53 per cent in December 2011. Responsible for this rapid increase in confidence in Judiciary is the open method of recruitment of senior judicial officers, and taking actions that demonstrate increased independence.

Parliament also received praise for undertaking a number of reforms, making its satisfaction in rating to increase from 24 per cent in December 2008 to 61 per cent in November 2010.

Police reforms appear to be a tale of motion without movement. From 2008, the police have not effectively implemented all the actions suggested under the KNDR agreement, says the report.

Although there were some administrative changes, they are considered insufficient to foster change in the behaviour and attitude of the police. The police also appear to be resisting change, thus, as many as 61 per cent of the population is dissatisfied with its performance.

The Panel of Eminent Personalities now want fast-tracking of the enforcement of legislation as the country nears the next general election.

The report says ethnic inequalities in the public sector remain an issue of concern as shown in the studies auditing the diversity of the Civil Service.

The KNDR agreement on long-standing issues underlined the need to address all possible causes of social tension and the cycle of violence that underlay the post- 2007 election crisis.