Upsides, downsides of Building Bridges report

The Building Bridges Initiative (BBI) report seeks to solve Kenya’s problems by shifting Kenya from ‘a nation of blood ties to one of ideals’. President Uhuru Kenyatta and ODM leader Raila Odinga have billed the report as a turning point in Kenya.

However, issues earmarked are not new. They have been subject to debate for over two decades and informed the 2010 Constitution. The same issues also informed the Truth Justice and Reconciliation Commission, which is gathering dust somewhere, and Agenda Four of the National Accord that ended post-election violence in 2008.

The report proposes strengthening of Chapter Six on leadership and integrity, creation of an Ethics Commission, change in how IEBC commissioners are appointed, emphasises better national ethos by encouraging positive Kenyan identity, increase in money for devolution to 35 per cent, barring State and public officers from doing business with government, addressing youth disenfranchisement and improving trust deficit and dealing with lawlessness.

The report is a positive move towards a better Kenya, but not transformative. First, it does not emphasise accountability, especially with regard to leaders being taken to task for their commissions and omissions.

The BBI is a direct product of the 2017 election process and the political standoff and violence that ensued. However, it has nothing on bungled elections and the atrocities that were witnessed in opposition areas. What in the report will prevent the deployment of State security to opposition areas to terrorise citizens?

Second, the task force calls for us to do away with a winner-takes-all model for the presidency and proposes the introduction of the prime minister’s post, who will be appointed by the president and endorsed by Parliament.

However, this does not necessarily mean that the prime minister and president will come from different tribes. In fact, the 2010 Constitution provides for inclusivity at the national and county levels. Article 10 provides that human dignity, equity, social justice, inclusiveness, equality, human rights, non-discrimination and protection of the marginalised binds all State organs.

This provision has been ignored by leaders. Despite NCIC reports that show how ethnically skewed our appointments in the public service have been, Parliament has failed to give life to the constitution through legislation with regard to inclusivity. BBI simply regurgitates the aspirations of the constitution without offering concrete proposals.

The reason people fight tooth and nail in national elections is because being in government means controlling resources to favour them. Worryingly, the recent appointments in constitutional commissions, some of which have been blocked by courts, have shown skewing of appointments towards rewarding political allies and politicians who failed in elections. This means that we are not practicing what we preach.

The report lists security challenges such as terrorism and inter-ethnic strife and the need to clarify performance indicators and mental well-being among the police. To me, the most prudent approach is to give the Inspector General of Police (IG) complete independence, which includes Authority to Incur Expenditure. Currently, the IG relies on the Interior ministry, thus making him beholden to political control.

Blocking provisions

The BBI report admits that Article 249(3) has been violated, compromising the ability of commissions and independent offices to carry out their mandates. For instance, the Kenya National Commission on Human Rights is underfunded. The SRC is similarly threatened.

The constitution has set out a framework for an inclusive, devolved, patriotic, human rights centred and democratic nation that adheres to leadership, integrity and national values. But by blocking provisions for accountability, leaders have allowed impunity and corruption.

Now that the political class has admitted having presided over the polarisation of Kenya, Parliament should hit the ground running in implementing the necessary amendments. Most importantly, the BBI gives life to the constitution, which was authored and debated by the people of Kenya who are the sovereign and focus of any government, legislation of constitutional amendment. 

Mr Kiprono is a Constitutional and Human Rights Lawyer. [email protected]