Kenya National Dialogue and Reconciliation Agenda Item 4

Kenya National Dialogue and Reconciliation

Agenda Item 4: Long-Term Issues and Solutions Matrix of Implementation Agenda

ISSUE: Constitutional Reform

ACTIONS:
As described in Agreement signed on 4 March 2008:

• Consultation with stakeholders.
• Parliament to enact Constitutional Review Statute, including a timetable.
• Parliament to enact referendum law.
• Draft Constitution prepared in consultative process, with expert assistance.
• Parliament to approve.
• People to enact through a referendum.

TIMEFRAME:

Consultations launched and review statute enacted by end of August

Constitutional reform to be completed in 12 months from the date of enactment of statute.


FOCAL POINT:

Ministry of Justice, National Cohesion and Constitutional Affairs


ISSUE: Institutional reform: The Judiciary

ACTIONS:

a) Constitutional review to anchor judicial reform measures including:

• financial independence
• transparent and merit-based appointment, discipline and removal of judges
• strong commitment to human rights and gender equity
• reconstitution of the Judicial Service Commission to include other stakeholders and enhance independence and autonomy of the Commission

b) Enact Judicial Service Commission Act, with provisions for:

- peer review mechanisms
- Performance Contracting

c) Streamline the functioning of legal and judicial institutions by adopting a sector-wide approach to increase recruitment, training, planning, management and implementation of programmes and activities in the justice sector.

TIMEFRAME:

Constitution to be adopted in 12 months.

Judicial Services Bill passed to implement the constitutional provisions within 3 months


FOCAL POINT:

Ministry of Justice, National Cohesion and Constitutional Affairs


ISSUE: Institutional reform: The Police

ACTIONS:

a) Constitutional review to establish an independent Police Commission.

b) Review and define the role of the Administration Police.

c) Review laws and issues related to security and policing (including the independent complaints commission, citizen oversight of police services, enhanced information disclosures, human resource management and capacity building) to make them consistent with modern democratic norms.

d) Finalisation and rollout of the National Security Policy to enable relevant sectors to develop their specific sectoral policies

e) Recruit and train more police officers to raise the police-to population ratio to the UN Standard

TIMEFRAME:

Constitution to be adopted in 12 months

Review process to be completed within 6 months

Recruitment and training to be completed by 2012

FOCAL POINT:

Ministry of Justice, National Cohesion and Constitution Affairs,

Office of the President

Ministry of Internal Security


ISSUE: Institutional reform: The Civil Service

ACTIONS:

a) Parliament to pass bill incorporating civil service reform measures from past proposed draft constitutions.

b) Continue with on-going administrative and financial reforms.

c) Results-Based Management (RBM) and Performance Contracting to cover all persons paid from public funds.

d) Review the Anti- Corruption and Economic Crimes Act 2003 and the Public Officer Ethics Act 2003.

e) Review the legal framework for declaration of incomes, assets and liabilities with a view to establishing an efficient and devolved administrative, compliance and analysis institutional framework

f) Appropriate constitutional and legal reforms will be undertaken to facilitate parliamentary vetting of senior public appointments

g) New legislation on whistle blower protection, freedom of information, and operationalisation of the Witness Protection Act 2006

h) Review recruitment legislation to institutionalise national character in the public service.

i) Review Standing Orders to ensure parliamentary oversight over membership of committees is based on competency and integrity

TIMEFRAME:

Bill to be passed by Parliament within 12 months of the coming into force of the new Constitution RBM and Performance Contracting to be entrenched in the new constitution

The various legislations to be adopted by Parliament within 6-8 months of promulgation of the new constitution

FOCAL POINT:

Ministry of State for Public Service/Public Service Commission

Ministry of Justice, National Cohesion and Constitutional Affairs


ISSUE: Institutional reform: The Parliament

ACTIONS:

a) Comprehensive review of Parliamentary Standing Orders and Procedures to enrich quality and output of Parliamentary debates and strengthen multi-party democracy.

b) Parliament's Research Centre to be strengthened.

c) Live coverage and electronic voting to be introduced.

d) Enhance oversight role of Parliament over the national budget.

e) Review Standing Orders to create a Monitoring and Implementation Committee

f) Introduce stricter and timelier deliberations on reports by institutions such as the Kenya Anti-Corruption Commission, Kenya National Audit Office, State Law Office, and Kenya National Commission on Human Rights.

g) Strengthen organs of Parliament such as Parliamentary Accounts Committee and Parliamentary Investments Committee to promote transparency and accountability in the utilisation of public resources

h) Improve transparency of MPs by creating a register of interests and opening up parliamentary committee work to the public.

i) Review Standing Orders to ensure parliamentary oversight over membership of committees is based on competency and integrity.

TIMEFRAME:

Review to be completed within 6 months.

FOCAL POINT:

Parliament

ISSUE: Land reform

ACTIONS:

a) Constitutional review to address fundamental issues of land tenure and land use.

b) The development and implementation of land policies should take into account the linkages between land use, environmental conservation, forestry and water resources.

c) Finalisation of the draft National Land Use policy and enactment of attendant legislations.

d) Land laws to be harmonised into one statute to reduce multiple allocations of title deeds.

e) Establishment of a transparent, decentralised, affordable and efficient GIS-based Land Information Management System and a GIS-based Land Registry at the Ministry of Lands including all local authorities.

f) Land Ownership Document Replacement for owners affected by post-election violence

g) Development of a National Land Use Master Plan, taking into account environmental considerations.

h) Land Reform Transformation Unit in the Ministry of Lands to facilitate the implementation of the land reform programme as outlined in the National Land Use policy.

i) Strengthen local-level mechanisms for sustainable land rights administration and management.

j) Finalise the Land Dispute Tribunal Act.

TIMEFRAME:

Land reform process to be factored in the constitutional review process within 12 months

FOCAL POINT:

Ministry of Lands

ISSUE: Poverty,inequality and regional imbalances

ACTIONS:

a) Ensure equity and balance are attained in development across all regions including in job creation, poverty reduction, improved income distribution and gender equity.

b) Increase community empowerment through devolved public funds for both social and income programmes, and develop local capacity to manage devolved funds.

c) Implementation of policies and programmes that minimise the differences in income opportunities and access to social services across Kenya, with special attention to the most disadvantaged communities in the Arid and Semi-Arid Districts, urban informal settlements and pockets of poverty in high potential areas.

d) Improve wealth creating opportunities for disadvantaged groups and regions through increased infrastructure spending in roads, water, sewerage, communications, electricity targeting poor communities and regions.

e) Increase availability of affordable and accessible credit, savings programmes and appropriate technologies to create an enabling environment for poor communities to take part in wealth creation.

f) Develop an Affirmative Action policy and enhance the Women's Enterprise Fund.

g) Improve health infrastructure in underserved areas of the country through construction or rehabilitation of community health centres.


TIMEFRAME:

Implementation of measures to be reviewed within 2-3 years.

FOCAL POINT:

Ministry of Planning, National Development and Vision 2030


ISSUE: Unemployment, particularly among the youth

ACTIONS:

a) Generate an average of 740,000 new jobs each year from 2008-2012

b) Youth polytechnics to be revitalised and expanded in all districts to facilitate the training of young people in technical, vocational and entrepreneurial skills to equip them with relevant skills to participate fully in productive activities

c) Youth Empowerment Centres to be rehabilitated or established in all constituencies.

d) Upgrade existing National Youth Service institutions and establish three new ones

e) Development and enactment of a National Youth Council Bill

f) Establish Youth Enterprise and Employment Programme to promote SMEs and self employment among the youth

g) Youth Enterprise Development Fund to be increased and mechanisms put in place for easier access to credit and collateral

h) Some 5,000 youth to be recruited to National Youth Service to be employed in labour intensive road projects, tree planting programmes and other productive activities.

TIMEFRAME:

Review progress of implementation of the various measures within 12 months

FOCAL POINT:

Ministries of Roads, Public Works, Youth .Special Services and Gender


ISSUE: Consolidating National Cohesion and Unity

ACTIONS:

a) Finalise and support enactment of the Ethnic and Race Relations Bill by Parliament.

b) Parliament and the Executive to initiate and sustain advocacy role on ethnic and racial harmony.

c) Establish and operationalise a policy and institutional framework for a Peace-Building and Conflict Resolution Programme (PBCR) and early warning mechanisms on social conflict, including a PBCR monitoring and evaluation system and a restructured Secretariat, and enactment of the Alternative Dispute Resolution Bill

d) Extend District Peace Committee framework to entire country and link it to District Security Committees

e) Finalise the Hate Speech Bill and review the Media Act to control incitement attempts

f) Undertake civic education on ethnic relations

g) Inculcate a civic culture, which tolerates diversity and encourages inter-ethnic cooperation, through the school curriculum

h) Operationalisation of the Truth, Justice and Reconciliation Commission (TJRC)

TIMEFRAME:

Ethnic Relations Bill to be passed by Parliament within 3 months Review progress in implementation of the various measures within 12 months.

TJRC to complete its work in 2010.

FOCAL POINT:

Ministry of Justice, National Cohesion and Constitutional Affairs

Office of the President

Ministries of Education and Information


ISSUE: Transparency, accountability, impunity

ACTIONS:

a) Strengthen the policy, legal and institutional framework for increased public transparency and accountability, anti-corruption, ethics and integrity, including through the development of a national anti-corruption policy, enactment of necessary legislation, and systems and capacity enhancements to strengthen the National Audit Office.

b) Undertake programmes to support improved prosecution and adjudication of corruption and economic crimes, and improved oversight and consideration of anti-corruption and audit reports by Parliament.

c) Enhancing capacity and performance in the Investigation and Asset Tracing Programme, the Civil Litigation and Asset Recovery Programme, the National Anti-corruption awareness - campaign and District Anti-Corruption Civilian Oversight Committees

d) Continuous monitoring of the Public Officer Ethics Act.

e) Revitalise Public Financial Management including the management of devolved funds such as the CDF, LGTF and Road Maintenance Levy

f) Expand capacity of District Anti-Corruption Civilian Oversight Committees to monitor management of devolved funds and stigmatise corruption.

g) Review the effectiveness of the Public Procurement Authority,

h) Undertake structural reforms focusing on prevention, investigation and recovery of corruptly acquired assets,

i) Review the effectiveness of the Privatisation Commission,

j) Full Operationalisation and capacity-building of the Public Complaints Standing Committee (the Ombudsman),

k) Finalize and operationalise the GJLOS policy framework and establish a comprehensive GJLOS policy review and update process.

l) Sustain the APRM process by ensuring assessment of government (executive, legislative and judiciary) performance and accountability.

TIMEFRAME:
Review progress in implementation of various measures within 12 months.

FOCAL POINT:

Ministry of Justice, National Cohesion and Constitutional Affairs

Ministry of Finance

Attorney-General's Office

KACC Judiciary