Turf wars, legal tussles threaten reforms in key sectors

By Standard Team

Difficulty and acrimonious days lie ahead; that is if the current clamour by the Legislature for amendments targeting key aspects of the Constitution promulgated in 2010 – such as devolution – is sustained.

The changes targeting county governors and spilling over to enhancement of the powers and  authority of the Inspector General of Police, reduction of the Judiciary’s funding and encroachment of its independence, as well as a cunning attack on media freedom and curtailment or even an interference in the operations of the civil society, paint a picture of more divisive days ahead.

An analysis of the drastic amendments the Members of the National Assembly and Senate are pushing for, jointly or separately, and which affect five key areas, suggests that the leadership and negotiation skills of President Uhuru Kenyatta and his deputy William Ruto may be stretched to the limit, and soon.

This is because though they head the Executive and cannot afford to be seen to be meddling in the affairs of Parliament, both Houses are dominated by members of their Jubilee alliance, and at some point they will have to step in.

This is the situation that beset former President Kibaki and ex-Prime Minister Raila Odinga, when they had to go and jointly address their MPs in an informal session to try and persuade them to change course on a matter that was casting their Grand Coalition in a negative light.

Shoot-to-kill policy

The country is, therefore, at a crossroads, with power struggles between key organs of State that could derail the reform agenda, as the six stories on the police, land, judges, devolution, media and MPs’ salaries that we carry today demonstrate.

Parliament and the Judiciary are locked in a dangerous turf war, inching towards the brink of a constitutional crisis. Myriad obstacles have dogged the vetting of police and judicial officers that had been prescribed to restore faith in the two institutions. In Parliament, Bills that could weaken safeguards to check excesses of the police and sanction a shoot-to-kill policy, among others, are at an advanced stage.

Earlier, MPs forced high salaries – which the courts have since termed illegal – and are pursuing a law that excludes them from the requirement to have the Salaries and Remuneration Commission set their pay.

And the land problem, a powder keg in the country, is far from resolved, as reforms are derailed by other simmering turf wars.

Similarly, civil liberties are seemingly under attack despite the robust Bill of Rights enshrined in the Constitution as exemplified by the unsuccessful attempt to stifle NGOs. The harsh media laws, which have been challenged in court, highlight worrying trends.

Taken together, these crises point to a worrying trend as they are bound to raise political temperatures and open up new friction points among parties.

The conflict between MPs and governors has escalated to the extent Parliament is rushing laws to tame the county chiefs. Yesterday, MPs debated two Bills; one to force their way into county fiscal management and another to strip governors of privileges.

Majority Leader Aden Duale, while moving a Motion for adoption of the calendar of the new session of the 11th Parliament, mocked the Judiciary, further highlighting the frosty relations. Commission for the Implementation of the Constitution (CIC) Chairman Charles Nyachae has warned of the danger should Parliament make good the threat to slash county funds. “It’s important to emphasise that non-attendance by governors to the summonses by the Senate is pursuant to a legitimate court order and should, therefore, not be the basis of any action against the county governments in their entirety,” Nyachae said.

Land reforms

Land experts have warned that continued frosty relationships between Lands Cabinet Secretary Charity Ngilu and the National Land Commission (NLC) are undermining the crucial land reforms. National Co-ordinator for the National Land Commission Odenda Lumumba warned that land reforms were in trouble due to the squabbles.

“There are some political interests that are still jittery about the full implementation of land reforms in the country. This unwillingness comes in the form of non-co-operation and under-funding of the commission,” Lumumba charged. Chairman of the Land Development and Governance Institute Ibrahim Mwathane said securing public land and issuing of title deeds had deteriorated badly in recent months due to strained relations between the ministry and the commission.

“The two institutions are supposed to complement each other but it appears that politics is what is behind the disharmony. They should realise that they are both serving Kenyans. They should resolve their differences behind closed doors, not in the public domain,” Mwathane advised.

The resignation on Tuesday of three members of the police vetting panel under controversial circumstances is the latest jolt to the vetting process.

Turf wars between the Inspector General of Police and the National Police Service Commission (NPSC), threats to the individual commissioners, lack of funds, resistance from within the service and outside interference have worked to hamper police reforms.

Repressive proposals

In Parliament, proposed amendments to the National Police Service Commission and the National Police Service Acts have sparked outrage, as they detail repressive proposals, including giving police shoot-to-kill powers and whittling down provisions designed to check police excesses. 

But despite the resignation of Simiyu Werunga, Francis Sang and Joseph Kaguthi just days to the start of the third phase of police officer vetting, officials yesterday assured that Monday’s vetting would not be disrupted. “We have already written to some institutions to send their representatives who will participate. The new members of the vetting team will be co-opted and continue with the programme. There is nothing to panic about,” said the commission chairman, Johnston Kavuludi.

The Judges and Magistrates Vetting Board, set up to vet judicial officers, has had its verdict overturned in the courts. The numbers of suits that have been filed by judicial officers found unsuitable by the board have been increasing with each decision.