Despite the country successfully promulgating the new constitution that has laid strong foundation for institutional renewal, reforms have not taken place in some institutions that are critical to securing peace and ensuring a problem-free transition after the next General Election.
According to the March progress review report by the Kenya National Dialogue and Reconciliation (KNDR), if not addressed in good time, gaps in reforming important institutions and taking brave decisions on other problematic issues will make the transition difficult.
The KNDR report argues that the absence of progress in some areas and general failure to undertake police reforms is a serious indictment of the political leadership.
“Action on ethnic inequalities by way of legislation on recruitment in the public service is also another gap among the actions suggested under Agenda Item 4. These gaps should be addressed in readiness for the next General Election, and as a way of laying a democratic
foundation for the county governments,” advised the report.
The 52 page report noted that that there has been progress in institutional reform, especially within the Judiciary saying it has entrenched a culture of transparency in the conduct of its affairs.
“As a result, a public rating of its performance has risen from 32 percent in December 2008 to 53 percent in December 2011. Responsible for this rapid increase in confidence in Judiciary is the open method of recruitment of senior judicial officers, and taking actions that demonstrate increased independence,” said the report.
However the KNDR report found out that police reforms appear to be a tale of motion without movement arguing that from 2008, the police have not effectively implemented all the actions suggested under the KNDR agreement.
“There were some administrative changes but these were insufficient to foster change in the behavior and attitude of the police. The police also appear to be resisting change; they are not keen to alter the status quo,” the report elaborated.
Additionally the report said that how the new Inspector-General of Police is identified for recruitment and how the process of recruitment will be conducted will be a major test of the future credibility of the police force.
“Using a transparent and open process and being sensitive to ethnic imbalances in the public sector are important issues to bear in mind in this respect,” advised the report.
Lastly the report recommended a legislation institutionalizing the national character in the composition of the public service saying ethnic inequalities in the public sector remain an issue of concern as shown in the studies auditing the diversity of the Civil Service.
“Such legislation should be in place well before the establishment of the county governments in order to prevent imbalances similar to those in the national Civil Service,” added the report.
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