Lead Panelists at the Forum

The National Accord and Reconciliation Act which saw the formation of the post of the Prime Minister and two deputies, pose some significant challenges, a peace forum report states.
The report titled “Policy Dialogue on the Kenya National Accord and Reconciliation Act” is developed from a stakeholders’ consultative meeting organised by The Great Lakes Parliamentary Forum on Peace (AMANI Forum) in Nairobi last month.

The report indicates that though the Orange Democratic Movement (ODM) and Party of National Unity (PNU) reached a political settlement which saw the creation of the offices of the Prime Minister and two deputies, the individual members of the parties were however not consulted for their input during the negations.

It further enumerates a number of challenges that may encumber smooth implementation of the National Accord and Reconciliation Act. The challenges posed include; lack of a timeframe for the coalition to implement the provisions of the Accord. The report describes this exclusion as “a serious loophole that can derail the implementation of Accord’s provision.”

It further states that in the event of disputes, the National Accord has the potential to cause confusion among the electorate as citizens may not know which party to blame when the Accord collapses or who to credit for its implementation.

The Policy Dialogue report observes that the Kofi Annan-led negotiations were not done to the satisfaction of all the parties concerned. It notes that the agreement reached was between the two chief principals-President Mwai Kibaki and Prime Minister Raila Odinga.

The nature of Kenya’s political parties may lead to the collapse of the Accord since personality politics is the major drive within the parties, it says, adding that the two main parties namely the Orange Democratic Movement (ODM) and the Party of National Unity (PNU) in the grand coalition do not mention their respective partners in the coalition.

Another challenge that the Accord may face is the fact that the office of the Prime Minister exists even without the coalition. This situation it says means that the coalition can collapse and the Prime minister remains in power. The Accord also presumes that there is no opposition in Parliament

During the policy dialogue on the National Accord and Reconciliation Act, Ms Salome Katia, the Executive Secretary of the Amani Forum noted that peace is a precondition to sustainable development and urged the government to speed up the resettlement of internally displaced people (IDPs).

The forum which brought together representatives from the civil society, Diplomatic Missions, media, Amani Kenya chapter members of parliament, local and International Non governmental organizations recommended that a Transitional Justice and Reconciliation Committee be formed, they said that would be “ a fundamental step towards promoting peace in Kenya.” Kenyans were urged to cooperate with the Commission in order to come up with resolution that will encourage sustainable peace.

They called upon the grand coalition government to deliver a new constitution adding that the promise to deliver a new constitution to Kenyans was one way of cultivating peace in the country. Kenyans, they said have been yearning for a people driven constitution with high expectations that a new constitutional dispensation will correct some historical injustices and make the country a better place.

The Policy Dialogue on Kenya National Accord and Reconciliation Act report recommends that the capacity of political parties in Kenya be strengthened. This, the report says should be done through the gazettement of the Political Parties Act and those political parties be driven by ideology.

The 8-page document recommends that members of parliament should embark on electoral reforms which “must” include the dissolution of current Electoral Commission of Kenya (ECK) and review of constituency boundaries to ensure proportionate representation.

Kenyans on the other hand should be discouraged from holding Referendums as a way of determining which constitution should be enacted since the result of such a Referendum may end up dividing the country hence not delivering a new Constitution while Parliament is called upon to enact the sections of the reviewed constitution which are not contentious. Thereafter a structured process aimed at building consensus on the contentious issues should be undertaken by parliament.