Kenya remains fully committed to continuing governance reforms. These will be deepened and accelerated in order to create a better environment for doing business, and for the full enjoyment of individual rights that Kenyans are entitled to under the new constitution. Toward that end, the Government will continue and intensify the anti-corruption programme already in place through: better investigation and prosecution; eliminating discretionary decision-making in a public service that is prone to bribery; public education; and judicial and legal reforms. The Government also recognizes that in an open, democratic society like Kenya, the people themselves, Parliament, civil society, and a vigilant press are the ultimate defence against abuse of office. These institutions will continue to receive full support from the Government and from the people of Kenya.

The transformation of the country’s political governance system under Vision 2030 will take place across six strategic areas: rule of law; electoral and political processes; democracy and public service delivery; transparency and accountability; and security, peace building and conflict management.

Flagship Programmes and projects for 2008 - 2012

    Following the signing of the Accord in February 2008, a 90-day National Reconciliation and Emergency Social and Economic Recovery Strategy was developed to address pressing issues of recovery, resettlement, reconstruction, rehabilitation and reconciliation. This Strategy would also initiate steps towards building a firm and solid foundation for the future.
    Constitutional Reform: A draft new Constitution will be finalised and presented to the general public through a national referendum.
    TJRC Process: An independent Truth, Justice and Reconciliation Commission (TJRC) will begin its operations in 2008/09 – after the necessary legal framework is put in place.
    Kriegler Committee: The Independent Electoral Review Committee (IREC) was established in the 2007/08 fiscal year with the mandate to investigate all aspects of the 2007 Presidential election.
    Commission on Post-Election Violence: This non-judicial, non-permanent Commission has the mandate to investigate the facts and circumstances related to acts of violence that followed the 2007 Presidential Election.
    National Cohesion: In order to promote a lasting national cohesion, a permanent Ethnic and Race Relations Commission of Kenya will be operationalised into law in the 2007/08 fiscal year.
    Post-Election Legal Counselling: Kenya’s pilot Legal Aid and Education programme will be enhanced and fast-tracked in its six pilot locations. It will have a focused legal counselling component directed at Kenyans affected and traumatised by the post-election events.

Other Programmes
• The Rule of Law;
• Electoral and Political Processes;
• Democracy and Public Participation; and
• Transparency and Accountability.

The Vision 2030 initiatives will therefore be delivered through the following programmes:

    Legal, Ethics and Constitutional Reform Programme;
     Human Rights Programme;
     Legal Education Programme;
     Legal Services Programme;
     Dispensation of Justice Programme;
     Judicial Reform Programme;
     Audit Services Programme;
     Legislation and Oversight Programme;
     Electoral Processes Programme;
     Anti-Corruption Programme;
     Prison Services Programme;
     Probation and After-care Services Programme; and
    Governance, Justice, Law and Order Reform Programme.

Recent Developments

    In August 2010 the New Constitution was promulgated. The Cabinet has approved the Action Plan detailing the implementation roadmap.
    The Cabinet considered and approved the budget estimates for Financial Year 2010/2011 of KShs. 3.5 billion for the implementation of the Constitution.  The budget estimates support activities aimed at timely enactment of enabling legislation, creation, restructuring and strengthening of the critical institutions.
    The Commission on the Implementation of the Constitution Act, 2010 was published vide Kenya Gazette Notice No. 13205 of 27th October, 2010. Recruitment of the Chair persons and commissioners of the Commission on the Implementation of the Constitution is on schedule.
    The Constitutional Implementation Oversight Committee of Parliament was established on 9th October, 2010.     
    The Judicial Service Commission (JSC) has been reconstituted following the election of members of the JSC with representatives of the Judiciary, Law Society of Kenya, and members of the public nominated and vetted by Parliament.
    Two retreats for Permanent Secretaries/Accounting Officers were held. The purpose of these retreats was to sensitize the officers on the provisions of the new Constitution and develop consensus on the approach to implementation. The Permanent Secretaries/Accounting Officers resolved to collectively and individually implement the provisions of the Constitution.  They also agreed on the need for a coordinated approach to the implementation of the new Constitution including legislative reform process.
    The Ministry of Justice, National Cohesion and Constitutional Affairs has been holding consultations with various stakeholders in the media, private sector, civil society organizations, professional associations, political parties to build strategies for the successful implementation of the Constitution.
    The Ministry of Justice has also published two more bills towards implementation of the new Constitution. These are the Judicial Service Commission Bill 2010 and the Vetting of Judges and Magistrates Bill 2010 after extensive consultations with the Judiciary, the civil society, private sector, the Attorney General and the Law Reform Commission.
    The Government held a retreat for the Ministers and Assistant Ministers presided over by the President and the Prime Minister. The retreat was also attended by Chairmen and Vice-Chairmen of Departmental Committees of Parliament to build consensus over the fast-tracking of the implementation of the Constitution.
    The design of the next phase of the GJLOS programme began in July 2010. As part of the process, the Sector Policy Framework Paper is under development. Baseline surveys have been commissioned to inform the monitoring and evaluation of the next programme phase.
    The Task Force aimed at developing the policy, legislation and administrative needs for the devolved level government to the Counties has been constituted. The Task Force will also give policy direction on local authorities, and the Provincial Administration.

 Key priorities areas  2011
Completion of the GJLOS design:

    Complete the development of the Policy Framework Paper and through this, facilitate constitution implementation by prioritizing SMART sector reforms activities from the GJLOS MTEF sector, in the design of the new phase of sector reforms framework.
    Complete the design of phase II of the Governance Justice Law and Order Sector reform program, and secure GoK support through MTEF and Development Partners by July 2011 when implementation is targeted to start.

Take actions to ensure timely and effective implementation of the Constitution including:

    Facilitate the establishment and operationalization of the Commission on the Implementation of the Constitution.
    Facilitate the establishment and operationalization of the Vetting of Judges and Magistrates Board as well as transparent and open mechanisms for vetting judicial officers.
    Enactment of the Kenya National Human Rights and Equality Commission Act and restructuring of the Kenya National Commission on Human Rights and adoption of a National Human Rights Policy and Action Plan.
    Transformation of the Public Complaints Standing Committee into a Commission on Administrative Justice (Ombudsman)
    Establishment of the National Commission on Gender and Development as an independent Commission.
    Enactment of the Kenya Ethics and Anti-Corruption Commission Act to establish the Ethics and Anti-corruption Commission.
    Enactment of the Independent Electoral and Boundaries Commission Act and amendment and operationalization of the Political Parties Act.
    The implementation of the report of the Task Force on Judicial Reforms.
    The implementation of the report of the Task Force on Police Reforms and ensuring transparent mechanism for vetting police officers are agreed upon and implemented.
    Implementation of the report of the Task Force on Prison Reforms.
    The implementation of reforms within the Attorney General’s office and the  creation and capacity development of the office of the Director of Public Prosecutions;
    Rolling out nation-wide civic education on the new constitution in all Counties.

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