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From Promise to Implementation: a Review of the 2017 Political Party Manifestos and the Impact on the Legislative Agenda

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From Promise to Implementation: a Review of the 2017 Political Party Manifestos and the Impact on the Legislative Agenda From promise to Implementation: A Review of the 2017 Political Party Manifestos and the Impact on the Legislative Agenda 1 From promise to Implementation: A Review of the 2017 Political Party Manifestos and the Impact on the Legislative Agenda From Promise to Implementation: A Review of the 2017 Political Party Manifestos and the Impact on the Legislative Agenda Mzalendo Trust November 2020 2 From promise to Implementation: A Review of the 2017 Political Party Manifestos and the Impact on the Legislative Agenda TABLE OF CONTENTS Abbreviations 4 About Mzalendo 6 Foreword 7 Acknowledgement 8 Executive Summary 9 CHAPTER 1 10 INTRODUCTION 10 1.1. Introduction 10 1.2. Contextual background 11 1.3 Justification for the study 15 1.4 Methodology 16 1.5 Organization of this report 16 CHAPTER 2 17 THE POLICY AND LEGAL FRAMEWORK FOR POLITICAL PARTY MANIFESTOS IN KENYA. 17 2.1 Introduction 17 2.2 The Constitution of Kenya, 2010 17 2.3 The Political Parties Act, 2011 18 2.4 The Office of the Registrar of Political Parties (ORPP) 19 2.5. Conclusion 19 CHAPTER 3 20 POLITICAL PARTY MANIFESTOS IN THE 2017 GENERAL ELECTION 20 3.1 Introduction 20 3.2 Promises on promoting inclusion and equality 22 3.3. Promises on promoting good governance 27 3.4 Promises on promoting devolution. 30 3.5. Conclusion 32 CHAPTER 4 33 TRANSLATION OF THE POLITICAL PARTY MANIFESTOS INTO LEGISLATIONS AND POLICIES, AND THEIR IMPACTS 33 4.1 Introduction 33 4.2. The legislative strengths of the Jubilee Party and the NASA coalition. 33 4.3 The Jubilee Party’s ‘tyranny of numbers’ and underwhelming performance 35 4.4 The NASA coalition dilemma: manifesto implementation amidst electoral loss? 38 4.5 Responses to non-implementation of promises in the 2017 manifestos 42 4.6 Conclusion 45 CHAPTER 5 45 CONCLUSION: LESSONS LEARNED AND RECOMMENDATIONS 45 3 From promise to Implementation: A Review of the 2017 Political Party Manifestos and the Impact on the Legislative Agenda ABBREVIATIONS ANC African National Congress ANC Amani National Congress ARC Alliance for Real Change BBI Building Bridges Initiative CCM Chama Cha Mapinduzi CCM Chama Cha Mashinani CCU Chama Cha Uzalendo CHADEMA Chama Cha Demokrasia na Maendeleo CORD Coalition for Reforms and Democracy CSO Civil Society Organization DA Democratic Alliance DP Democratic Party DPP Director of Public Prosecutions ECK Electoral Commission of Kenya EFF Economic Freedom Fighters EFP Economic Freedom Party FDC Forum for Democratic Change FORD-K Forum for the Restoration of Democracy – Kenya GBV Gender Based Violence ICC International Criminal Court JKIA Jomo Kenyatta International Airport JP Jubilee Party KADU Kenya African Democratic Union KANU Kenya African National Union KENDA K enya National Democratic Alliance KII Key Informant Interviews KNC Kenya National Congress KPIs Key Performance Indicators KPU Kenya People’s Union KSC Kenya Social Congress MCCP Maendeleo Chap Chap MOH Ministry of Health MP Member of Parliament NARC National Rainbow Coalition 4 From promise to Implementation: A Review of the 2017 Political Party Manifestos and the Impact on the Legislative Agenda ABBREVIATIONS NASA National Super Alliance NDC National Democratic Congress NGO Non-Governmental Organization NIMD Netherlands Institute for Multiparty Democracy NP National Party NPP New Patriotic Party NRM National Resistance Movement NYS National Youth Service ODM Orange Democratic Movement ORPPK Office of the Registrar of Political Parties of Kenya PDR Party for Development and Reform PEV Post Elections Violence PICK Party of Independent Candidates of Kenya PNU Party of National Unity POA Party of Action PWD Persons with Disabilities RBK Restore and Build Kenya RC Republican Congress TNA The National Alliance UDP United Democratic Party UPDF United Democratic Front URP United Republican Party WDM Wiper Democratic Movement 5 From promise to Implementation: A Review of the 2017 Political Party Manifestos and the Impact on the Legislative Agenda ABOUT MZALENDO Mzalendo Trust is a Kenyan non-partisan Parliamentary Monitoring Organization (PMO) registered in 2005 whose mission is to ‘keep an eye on the Kenyan parliament.’ Through information sharing, research and networking, Mzalendo promotes greater public voice and enhances public participation in politics by providing relevant information about the National Assembly and Senate’s activities. The organization endeavours to build the people’s trust and interest in parliamentary business through a number of initiatives, including tracking and communicating the outputs of the Members of Parliament (MPs). In so doing, Mzalendo entrenches democratic and good governance values, in line with the Constitution of Kenya, 2010. Through research in various topical governance issues, Mzalendo aspires to inform and engage in fact driven advocacy for improved governance. Target areas include fair representation and participation of Special Interest Groups: Women, Youth and Persons with Disability (PWDs), data protection and access to information, open and accountable government and political party governance. 6 From promise to Implementation: A Review of the 2017 Political Party Manifestos and the Impact on the Legislative Agenda FOREWORD Party manifesto is the primary tool via which every political party makes its position known in a raft of issues touching on the governance of a country. They play a crucial role in capturing, presenting and communicating a party’s organized thinking. It is a tool that ideally allows for accountability in political party systems. In organized systems, where political parties are anchored on sound structures and crafted along strong ideological foundation, manifestos form part of the tools and platforms via which the parties are able to engage with the electorate through definite and clear elucidation of standpoints on various political, economic and social issues that are of paramount importance to the country. Their visibility and utility materialise during elections, whereby they enable the electorate to delineate their choices from a cocktail of alternatives. In Kenya, the Constitution of Kenya, 2010 (COK, 2010) seeks to streamline political parties within the country’s governance ecosystem. Articles 91 and 92 provides for, among other things, a basic regime guiding responsible governance of political parties, including composition, leadership and principles. The Political Parties Act, 2011 further seeks to entrench effective management of political parties. Specifically, with regard to party documentations, Section 17 (1) (c) provides that: ‘A political party shall maintain at its head office and at each of its county office in the prescribed form, an accurate and authentic record of… a copy of the policies and plans of the political party.’ Besides, the Constitution establishes central values that bind every person and entity within the country’s bounds. Article 10 of the COK, 2010 provides, among other things, that ‘(T)he national values and principles of governance include good governance, integrity, transparency and accountability.’ Despite the robust and revolutionary legal provisions, effectiveness of party manifestos, as tools of accountability and good governance in the political space remains a challenge in Kenya. In light of the foregoing, Mzalendo Trust commissioned the study to prompt a profoundly informed understanding of the place of party manifestos in the country (Kenya). To help guide and achieve the overall objective, the study was designed to undertake the following: Review the history of political party manifestos in Kenya; review the existing legislation and policies that provide for party manifestos (if any); review the party manifestos used by different political parties in the 2017 national elections; identify the implementation of various legislation and policies stemming from party manifestos; provide a thorough analysis of the impact of these policies and legislation and; identify potential opportunities for political parties to improve their party manifestos and how to promote their awareness to citizens. Ultimately, it is hoped that the final output would creatively steer the conversation toward establishing the optimal role and place of party manifestos within Kenya’s governance ecosystem. Caroline Gaita Executive Director 7 From promise to Implementation: A Review of the 2017 Political Party Manifestos and the Impact on the Legislative Agenda ACKNOWLEDGEMENT Mzalendo Trust is greatly indebted to the Netherlands Institute for Multiparty Democracy (NIMD) who offered financial support that enabled the organization to successfully carry out and publish the findings of this study. I also wish to thank everyone involved in generating this publication, in particular, all the respondents who provided immense contributions and recommendations, Members of Parliament (MPs), Office of the Registrar of Political Parties (ORPP), Political Parties through their officials, Civil Society actors, subject area experts, former aspirants and academics as well as all the participants at the validation meeting who made it possible to generate a more refined output. I also express utmost gratitude to the Consultants, Dr. Geoffrey Lugano and Mr Otieno Adipo, as well the staff at Mzalendo Trust, Alex Ogutu, Loise Mwakamba, Jefferson Gathumbi, Sylvia Katua and Ruth Akolo for excellent work and valuable technical input 8 From promise to Implementation: A Review of the 2017 Political Party Manifestos and the Impact on the Legislative Agenda EXECUTIVE SUMMARY This report examines
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