Events, institutions to watch in the year 2014

By Lillian Aluanga-Delvaux

Kenya: The nation ushers in 2014 with renewed hope despite fears of higher living costs and other concerns cited in an opinion poll conducted towards the end of last year.

The survey, carried out by Ipsos Synovate, lists insecurity as a major concern for a population whose optimism levels are said to have shrunk compared to the previous year.

But away from opinion polls, the year starts with the International Criminal Court case facing Deputy President William Ruto, in The Hague, resuming this month. While the outcome of Ruto’s and President Uhuru Kenyatta’s cases at ICC is likely to generate a lot of interest this year, there are also other key events and activities of institutions likely to shape 2014. Below are some of them.

The ICC

The New Year starts with the International Criminal Court trials of President Uhuru Kenyatta and Deputy President William Ruto resuming in The Hague. Many will no doubt be waiting to see the import of ICC

Prosecutor Fatou Bensouda’s admission that she does not have enough evidence to sustain the case against the president. Bensouda, had towards the end of 2013, sought an adjournment of Kenyatta’s case saying she needed more time to prove he committed the atrocities he is accused off. The cases in The Hague have seen several witnesses withdraw from the process, with even some admitting they had given false testimony.

Effects of the push and pull occasioned by Kenya’s cases at the ICC at both the regional and international level will also be worth watching as will be the import- including to Kenya’s foreign policy- of the outcome of proceedings in The Hague.

Security

Vetting of police officers by the Kenya National Police Service Commission resumes in the New Year, amid concerns over rising insecurity in the country. All eyes will be on the Johnstone Kavuludi-led team in its quest to have competent officers in the force, given that nearly 50 per cent of respondents in a Synovate poll released at the end of 2013 cited insecurity as a major worry in 2014.

Unanswered questions on what transpired during the 2013 Westgate terror attack by Al Shabaab militants in Nairobi still remain even as the public awaits a comprehensive report from the Government.

The resurgence of hostilities between communities in the country’s north and coastal regions, witnessed in 2013, grenade attacks on both civilians and security forces in Nairobi and Northern Kenya, and terrorism threats, also continue to pose additional challenges to the security sector.

As the nation ushers in a new year, many will no doubt be waiting to see the effect of the proposed ‘Nyumba Kumi’ initiative in helping stem rising crime.

Devolution

The relationship between the National and County governments continues to be a critical issue in the New Year, particularly on matters of resource sharing. Despite the hitches experienced in rolling out devolution, the new governance structure is a move away from a centralised political system, but differences in its implementation continues to be a major subject of debate as exemplified by the health workers strike in December 2013 over devolution of health services.

The Transition Authority has also been fighting to stay in office despite the clamour to have it disbanded and replaced by an Inter Governmental Relations Committee, before the end of its three-year tenure.

Governors have also been seeking to have at least 40 per cent of the national budget funds allocated to county governments and it would be interesting to see the shape this argument takes in the new year.

Judiciary

The nation awaits the outcome of a case filed in court by the Judicial Service Commission following suspension of six of its members. The six; Ahmednassir Abdullahi, Rev Dr. Samuel Kobia, Justice Mohammed Warsame, Prof Christine Mango, Chief Magistrate Emily Ominde, and Ms Florence

Mwangangi were suspended by President Uhuru Kenyatta following a majority vote passed by parliament initiating the process of their removal through the setting up of a tribunal to investigate their conduct. The move to suspend the six was however put on hold by a

court order barring the taking up of office of the Justice (rtd) Aaron Ringera- led tribunal. It will therefore  be interesting to see the outcome of the case and its effects. The judiciary is also expected to be more assertive in checking other arms of government, if the events of 2013 are anything to go by.

Also worth watching will be the Industrial courts, as well as performance of the judiciary given the likelihood of  integrity questions that may require its arbitration in the exercise of executive authority by both the national and county governments.

The National Assembly

The 349 legislators have a busy year ahead upon resumption of sittings after recess. Critical Bills await the attention of the House including the National Police Service (amendment) Bill, the National Police Service Commission (amendment) Bill, and Statute Law (Miscellaneous amendment) Bill.

Proposed amendments by the Opposition to the VAT laws are also likely to come up for discussion, as are other proposals on retirement benefits, the Companies Act and devolution.

Media practitioners will also be waiting to see whether legislation governing operations of the members of the Fourth Estate, termed as ‘repressive’, will be brought back to the House for debate.

The public will also be hoping for more participation before passage of bills in the House and perhaps a better working relationship between the National Assembly and Senate.

Senate

The Senate is expected to continue playing an important role even as the nation navigates the path of devolution. While the supremacy wars witnessed between it and the National Assembly may not disappear altogether they could be minimised in 2014 if the two find ways of working together.

With an advisory opinion from the Supreme Court on the Senate’s role in passage of the Division Revenue Bill made in its favour, it will be interesting to see it  (Senate) come up with creative ways of executing its mandate.

Executive

The New Year begins with a full in-tray even as the Jubilee administration downplays reports of differences within its ranks, lately rekindled by appointments of parastatal heads. The nine-month-old administration has had to contend with challenges in the health, education, security and transport sectors, since taking up office and it would be interesting to see how it juggles implementation of its manifesto in the context of a liberal constitution.

The executive has had to fight perceptions that it is not fully committed to devolution, as the battle for control of resources between national and county governments rages. It will also be interesting to see how the Executive handles some members of the cabinet’s dalliance with politics and strikes a balance between meeting political interests and national interests in management of the wealth of natural resources recently discovered in some parts of the country.

Commission for Implementation of The Constitution (CIC)

The Charles Nyachae-led commission has repeatedly raised concerns over what it deems violation of the Constitution. Towards the end of 2013, CIC wrote to the president and chair of the National Assembly’s Constitution Implementation Oversight Committee over the conflicts between the judiciary and parliament and the impact to the constitution’s implementation.

The Commission had also taken issue with controversial clauses contained in what was then the Media Bill, went to court seeking to stop MPs from setting their salaries, and lashed out at the government for ‘frustrating implementation of the constitution’.

As the new year begins it appears the commission, mandated to oversee implementation of the constitution, still has its work cut out  in ensuring reforms are realised.