 A section of participants at the Forum April 29, 2008
The Kenya Chapter of The Great Lakes Parliamentary Forum on Peace also called Amani Forum has called for immediate resettlement of the Internally Displaced Persons in various parts of the country and immediate formation of the Truth, Justice and Reconciliation Commission and reforms made to the country’s electoral laws.
In a consultative meeting dubbed, “The National Accord and Reconciliation Act: Can the Accord Promote Nation Building and Sustainable Peace for Development in Kenya?” held on Tuesday, April 29, at a Nairobi hotel participants noted that there was urgent need for rebuilding our nation.
While presenting an analysis on the National Accord and Reconciliation Act, former nominated Member of Parliament Hon Njoki Ndung’u wondered why the Accord did not bear a time frame indicating when the grand coalition government will cease to exist.
From the manner it was written, the former nominated MP said the Accord could easily be misinterpreted to mean it is a five-year agreement. The life of the agreement she said should be shorter than that. Njoki said she foresees a situation where there will be numerous wrangles in the grand coalition government before the end of this year prompting an early general election.
Further differences in the coalition will emerge as members from different camps of the government will take to competing over credit for what the government has done right and blaming the opposite camp for what will not have been done rightly. She said. The former nominated MP also said Kenyans should brace themselves to experience scenes such as those witnessed in the country during the mid life of the NARC Coalition.
On the issue of pecking order which was clearly played out in a recent past when President Kibaki and Prime Minister Raila Odinga visited Internally Displaced Persons in the Rift Valley, Njoki wondered why the Accord did not take cognisance of the fact that in line with the political deal signed in February, the PM was senior to the vice president, “such loopholes may be deliberate or it was pure mischief.” She added.
She said the responsibilities of the vice president are outlined in the constitution while those of the Prime Minister are set out in an Act of Parliament making the PM’s office appear junior to that of the VP, “I think the Accord is not good law. I think the Accord is good politics.” Said Njoki.
The forum was in agreement that there is skepticism about the content and practicability of the Accord, both from the legal perspective as well as general applicability in the current social and political environment. The Accord, the forum heard, is too general and may not offer much of substance that is required to take this nation out of the post election crisis following the presidential election results.
Njoki called upon parliamentarians to compel the president to sign the Political Parties Act into law. The Act, she said was passed so as, among other things, to take care of issues such as intra party feuds which she warned will be dangerous to the grand coalition government “now in its honeymoon.” She noted the Accord has no provision setting out mechanisms on how disputes emerging from the government will be dealt with.
The role of the official opposition in parliament also came to question. Njoki wondered why the Speaker of the National Assembly has declined to recognise that section of the parliament “that is charged with checking on the government’s excesses.”
The Speaker’s ruling not withstanding, the former legislator asked the back benchers to assume to role of the official opposition, “the official opposition may not be legislated, but it can surely be presumed. Its absence would be a misnomer.” Njoki Warned.
She said the work of the agreement is not complete without the resettlement of the IDPs and called upon the grand coalition government to speed up the exercise of settling people living in camps unconditionally.
Njoki also took issue with the manner the Serena Peace Talks were continuing. She said: “It seems to me like the Serena Talks have collapsed. There is no such determination as used to be in the beginning. We can not have a political settlement without a peace settlement.”
The Electoral Commission of Kenya which came to sharp focus after presiding over the disputed December presidential polls sparking off violence and deaths in the country was also discussed at the forum with suggestions that the electoral body be disbanded. “We must disband the ECK and establish a new body to preside over the coming byelections. We must also reform the electoral laws as now constituted.” Njoki Ndung’u said.
Parliamentarians on the other hand were called upon to foster peace, security and development which they said is of extreme importance “especially in post conflict reconstruction process.”
The forum called upon the civil society actors, research institutions and the academia to work together to bring an end to the culture of violence, instability and underdevelopment in Kenya and across the region.
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