The Constitution Implementation process in Kenya is on track but there are fears that vested interests are gaining an upper hand to prevent the finalization and passage of critical laws, a report has said.
According to the report by the by South Consulting, a research firm designated by the Panel of Eminent African Personalities to undertake independent monitoring and evaluation of the implementation process, the campaigns for the next General Election have gained momentum and will soon constrain the undertaking of important reforms.
The report noted that the window for undertaking brave measures has closed and warned that if leaders begin to politicize some of the implementation processes and demand amendments that would remove important planks from the constitution, then the implementation will be in disarray.
“Lack of consensus and open disagreement between key agencies such as the CIC and the Office of the Attorney General run the risk of undermining public support for the implementation process,” added the report.
The report said that allegations of lack of political will, reinforced by attempts to introduce multiple amendments to the constitution and delays in completing preparations for the devolution legislative framework are likely to give the impression that it is business as usual.
“Lethargy in producing Bills might replicate the last-minute rush witnessed in August 2011, and sabotage public scrutiny of these proposed laws. This calls for greater civil society oversight and advocacy for expedient legislative process,” held the report.
On the other hand, the report found out that preparation to usher in the devolved system of government is experiencing difficulties owing to lack of consensus among some of the key players, particularly the ministries of Finance and Local Government.
“Delays in finalizing critical Bills could affect the process of laying a solid foundation for the county government.
These delays could slow the pace at which relevant measures for setting up county
governments are undertaken,” said the report.
Furthermore the report added that the county governments will be introduced at once and therefore all preparations should be completed and anchored on a solid legal and policy framework.
“The next General Election marks a major turning point in Kenya because it will lead to immediate operationalisation of the central and county governments. For this reason, it is important that adequate preparations be made to transit the country to the two government systems,” advised the report.
Additionally the report underlined that the Coalition government has not been very cohesive during much of its time saying that although it has matured over time, it is important to establish a solid framework to resolve any disputes that may arise now and the time of conducting the next general election.
“Their divisions especially over power sharing could have negative consequences on the electoral process. Furthermore, if divisions deepen before the general election, ensuing institutional immobility will make it difficult for the government to operate as one,” cautioned the report.
Finally the report advised that a framework to ensure coherence must be put in place saying reactivating the Committee for the Management of Coalition Affairs is critical at this stage.
