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Safeguarding Democratic Space in Kenya (SADES-K) September 1 –30, 2019 Monthly Update

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Safeguarding Democratic Space in Kenya (SADES-K) September 1 –30, 2019 Monthly Update Safeguarding Democratic Space in Kenya (SADES-K) September 1 –30, 2019 Monthly Update Introduction During September 2019, the grantees for all Result Areas continued implementing their activities. The SADES-K team planned and held the United States Ambassador to Kenya H.E. Kyle McCarter’s breakfast meeting with SADES-K grantees. A key calendar event for SADES- K, the International Day of Peace, was held across the regions on September 21, with the theme “Climate Change for Peace.” The Institute of Development Studies (IDS) of the University of Nairobi (UoN) continued media monitoring and held the “movers and shakers” meeting which mapped out the individuals and organizations with power and interest in the governance of the country and discussed the state of governance in the country. Context Analysis The context mirrored the happenings in August 2019. Political issues that dominated discourse included the passage of the Independent Electoral and Boundaries Commission Amendment (IEBC) Bill 2019 at the National Assembly, which now enables recruitment of commissioners1; speculations around the nature and content of the Building Bridges to Unity Initiative (BBI) Taskforce report; Kibra Constituency by-elections in Nairobi County; presentation to and discussion of the Punguza Mizigo Bill by County Assemblies and issuance of another proposal for constitutional and governance reforms by the Council of Governors (COG) and County Assemblies Forum (CAF) – the Ugatuzi Initiative with the aim of strengthening devolved units. The initiative proposes altering the current structures at national and county levels, including increasing revenue allocation to the Counties. Most counties have so far rejected the Punguza Mizigo proposed amendment to the constitution bill. Only one county, Uasin Gishu County is on record to have given it a yes vote out of a total of eight counties. Observers are looking to IEBC to generally declare the Bill as having failed to meet the expected legal threshold. The Bill, which was cleared by IEBC on July 18, 2019, is being fronted by the Third Way Alliance political party. On this, it can be deduced that the campaigning by politicians, especially those sympathetic to the building bridges process, seems to have borne fruit. A good number of politicians have openly campaigned against this Bill especially among MCAs. It seems, for now, that the BBI remains the only other political processes that might offer an alternative solution. It is not yet clear whether its proponents will come with any constitutional amendment proposals. Rifts within the ruling Jubilee party widened, pitting Kieleweke2 versus Tangatanga3 factions of the party. While this was the case even in August 2019, the decision by allegedly the Tangatanga wing of the party ‘to field a candidate’ to vie in the Kibra by-elections scheduled for November 2019 further widened the division. The pro-handshake faction of the ruling party openly opposed the declared candidate and supported the rival candidate fielded by the Orange democratic movement (ODM). Besides the wrangles in the ruling Jubilee Party, factional political fights were also reflected in the women MPs as well as those in influential positions. Organized as 1 The perceived partiality on the part of IEBC in the conduct of the 2017 General Elections and the attendant resignation of four out of the seven commissioners exceedingly eroded the credibility and trust in the IEBC. For close to two years now, the Commission has operated with three commissioners against constitutional and legal provisions that define quorum in the composition of the body. The passage of the Bill by the national assembly reignited the hope of reconstituting the commission. 2 A pro-handshake faction. 3 An anti-handshake faction. Embrace Kenya Movement (supporting the handshake and the BBI process) and the Inua Mama Movement, allegedly associated with the Deputy President and opposing the handshake continued with their campaign around the country. These divisions are likely to manifest in the coming month particularly after the release of the BBI taskforce report. In Isiolo, there was land conflicts between the communities and the Kenya Defense Forces (KDF), especially in Ngaremara, Burat and Oldonyiro wards. Nearly 30,000 people living on the western bank of Isiolo River would be rendered homeless should KDF effect the eviction order.4 The county nominated seven members to Isiolo County Public Service Board (ICPSB). ICPSB has been operating with only two members since June 2019. The governor and deputy are currently in some frosty relationship and that is not deemed as good for the county. Mombasa and Tana River counties experienced incidences of insecurity and criminal gang activity. Four suspects were arrested on September 10 in Likoni for attacking residents in a revenge mission after one of their own was gunned down by police officers. Several people were injured in their localities just after the burial of a suspected gang leader who had been shot dead a day before the attacks. The recent police reshuffle brought in increasing surveillance in the criminal hot spots. There has been public outcry over the recent public participation forums for fiscal planning in Mombasa. KECOSCE Peace Monitors established that four people, including two brothers and truck drivers, were reportedly shot dead before being torched and burned beyond recognition by their attackers in Tana Delta, Tana River County. Drought continued to ravage many parts of Tana River with many residents calling on the county and national government for relief food assistance. Pastoral communities have been advised to reduce the sizes of their herds and retain what they can manage. During the month Deputy President William Ruto was in Garsen Town, Tana Delta in the company of Mama Rehema Hassan, Tana River County’s women MP to support women groups. In Mombasa the agreement between Kenya Ports Authority (KPA) and Kenya Railway Cooperation (KRC), forcing importers to haul cargo via Standard Gauge Railway for clearance in Nairobi, has triggered weekly protests in Mombasa. This change by KPA and KRC did was not informed by public participation from transporters, traders and other beneficiaries of port services. Three Mombasa residents and MUHURI in 2018 filed a petition challenging the directive, necessitating the formation of a bench by the Chief Justice. A recent University of Nairobi (UoN) research revealed Container Freight Stations (CFSs) would result in the loss of jobs and affect the economy.5 Narok county experienced inter-clan clashes between Uasin Gishu and Siria clans of the Maasai community which has so far claimed lives and caused tension among the Maasai. There was relative peace and calm along the borders of Pokot and Turkana Communities. This has assisted the two communities which have suffered conflict and bloodshed for a long time to engage in development dialogues. Uasin Gishu experienced some apprehension with continued wrangles in the Jubilee Party. Two factions have merged in the Rift Valley one led by Hon. Joshua Kutuny supporting the BBI 4 https://www.the-star.co.ke/news/2019-09-25-senators-reject-kdf-plan-to-evict-isiolo-residents/. 5 https://www.businessdailyafrica.com/news/-SGR-freight-service-killing-the-Coast-economy/539546-5274252- ylfvs4/index.html. SADES-K Monthly Report for September 2019 Page 2 of 10 initiative. The Kutuny team accuses the Deputy President not working on problems faced by his voters especially on the farming issues and the Mau evictions. On the other hand, the faction led by Hon Oscar Sudi that supports William Ruto for presidency and the Punguza Mizigo initiatives. Accusations went around the country that William Ruto is sponsoring Aukot’s initiative of Punguza Mizigo when the Uasin Gishu county assembly passed the bill with a majority. The vote is seen as a quiet rejection of Uhuru and Raila’s BBI. There are some worrying signals to immigrants living the North Rift, and some of the residents in the Burnt Area are said to be selling parcels of land because of the political uncertainties come 2022. The media sector was quite in the month. In the case of Monica Cohen versus the prosecutor and the Linturi divorce case, the court invoked the sub judice principle to bar media from reporting on the foregoing. Result Area I: Kenya’s Governance Architecture Revisited and Strengthened SADES-K continued to close out the BBI in-kind grant as the BBI completed its county engagement forums in August. The SADES-K-supported researchers completed their contracts in Mid-September 2019. These researchers provided technical support in the drafting of the report through provision of a literature review on theoretical justifications and historical antecedents on the nine-point agenda items, data collation, data analysis and report writing based on inputs from the county engagements. SADES-K carried out close out interviews with some of the BBI staff; during these discussions BBI staff acknowledged our support, agreed that they will not pursue the communications support we originally offered, and confirmed they will close their work by October 23. SADES-K contracted a consultant to collect memoranda and notes from the 12 county engagements SADES-K organized with the BBI and to write a report on the findings. This summary report will be used as an accountability tool once the BBI report is released to ensure that the public’s views are accurately reflected in the BBI final report recommendations. Centre for Multiparty Democracy (CMD) -“National Dialogue and Governance Reforms Project” CMD-Kenya convened two multi-party dialogue sessions - Uasin Gishu on September 26 and Nakuru on September 27 - with 40 participants in each meeting. Political parties at the sessions included KANU, Jubilee Party, Orange Democratic Movement (ODM) and Chama Cha Mashinani (CCM). The focus of the sessions was to provide opportunities for multi-party discussion on strategies for strengthening political parties’ issue-based collaborations.
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