Under what legal framework does Uhuru-Raila 14 member team exist?

President Uhuru Kenyatta and Mr Raila Odinga unveiled a 14-member team to steer their “unity deal”. This team will be co-chaired by lawyer Paul Mwangi and Ambassador Martin Kimani and they will be charged with brainstorming on the best way to establish a united nation.

The team and its objectives are in line with the promise of the March 9 “handshake” which, among other things, outlined the historical context of the situation in Kenya. This includes ethnic antagonism, divisive political competition and the lack of a national ethos. The deal also committed to reject violence as a means of settling inter-communal scores.

The “building bridges” document identified corruption as an existential threat and committed not to allow political affiliation to be used as a shield by those who practise it and promised a shared prosperity for all, among other things.

NATIONAL ACCORD

To many, the issues cited by the agreement are not new. In fact, these are the issues that were to be tackled by the National Accord signed by former President Mwai Kibaki and Mr Odinga to end the 2007/2008 post-election violence, and the Truth Justice and Reconciliation Commission Act and subsequent report that is gathering dust somewhere.

It is noteworthy that there has been a palpable positivity after the “handshake”. The spirit of reconciliation has allowed businesses to start booming and normalcy has returned. The political and tribal animosity has significantly reduced since the tumultuous 2017 political season marred by hate speech, protests, police brutality, political violence, boycotts and uncertainty.

However, as much as we know the objectives of the 14-member team, what legal framework does it exist under? Does the fact that the team is mostly made up of retirees and older citizens ignore the youth of Kenya? What is the role of the youth in fostering national unity seeing that they are the ones used to cause havoc when thing go haywire?

EXISTING LAWS

Was there another way to set up such a team under the auspices of already existing laws? What role will the Francis ole Kaparo-led National Cohesion Integration Commission play in light of the handshake team?

The NCIC is a statutory body established in response to the 2007/2008 post-election violence under the National Cohesion and Integration Act ostensibly to promote national identity and values by facilitating and promoting equal opportunity, good relations, harmony and peaceful co-existence of persons of different ethnic and racial communities and advise the government on all matters thereof; mitigate ethno-political competition and ethnically motivated violence; eliminate discrimination among other similar roles. To my ears, these objectives are identical to what the 14-member team is seeking. 

Since the NCIC is a Commission supposedly comprising career professionals charged with working towards national unity and cohesion, it would be expected that it would take a centre-stage in plans pertaining to national unity.

At the very least, to avoid replication of roles and wastage of resources, the 14-member team should have been housed under the auspices of the NCIC or perhaps even tap into the commission’s data and reports.

NATIONAL COHESION

To date, the NCIC has not inspired much admiration when it comes to fostering national cohesion and national unity.

In fact, they can only be remembered for identifying hotspots ahead of elections; releasing reports on the lack of diversity and tribalism in the public sector and, promising to investigate politicians for reckless political statements – investigations, and sometimes arrests, which seldom lead to successful prosecution.

The NCIC has never properly utilised its mandate by moving to court to compel government departments to comply with Article 27 on non-discrimination and other provisions on inclusivity.

After all, it is also mandated to investigate, on its own accord or on request from any institution, office, or person any issue affecting ethnic and racial relations; and, initiate or lobby for and advocate policy, legal or administrative reforms on issues affecting ethnic relations.

ETHNIC DIVISIONS

In my opinion, the 14-member team charged with looking into issues of national unity needs not go far and wide to identify root causes and solutions to endemic political and ethnic divisions that have bedevilled Kenya since independence.

The data and recommendations are in previous reports and the proper implementation of the constitution of Kenya 2010.  However, even before the dust settles, there is a danger that a political climate is already taking root and threatening to polarise Kenyans along “us versus them” parameters. 

The push for dialogue between Uhuru and Raila is laudable. The future and prosperity of Kenya depends on whether or not the findings and recommendations of the 14-member team will be adopted to the letter.

 Demas Kiprono is a senior legal officer at Article19 [email protected]