Kenya National Dialogue and Reconciliation - Longer Term Issues and Solutions: Constitutional Review

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Country/entity: Kenya
Region: Africa (excl MENA)
Agreement name: Kenya National Dialogue and Reconciliation - Longer Term Issues and Solutions: Constitutional Review
Date: 4 Mar 2008
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Kenyan Post-Electoral Violence (2007 - 2008)
The conflict emerged as post-election violence. After the incumbent President Kibaki was declared the winner of the Kenyan presidential elections in December 2007, complaints of fraud and a structural disadvantage affecting his competitor Raila Odinga lead to outbreaks of severe ethno-political violence. After the first incidents in the Rift Valley region, mainly directed against the Kikuyu ethnic group – the traditional powerbase of Kibaki – the fighting spread to the cities of Nairobi and Mombasa. After two months, Kibaki and Odinga agreed on a power-sharing agreement that granted Odinga the post as a Prime Minister and ended the violence.
Stage: Framework/substantive - partial
Conflict nature: Government
Peace process: Kenya peace process
Parties: On behalf of Government/PNU:
- Hon. Martha Karua
- Hon. Sam Ongeri
- Hon. Mutula Kilonzo
- Hon. Moses Wetang'ula

On behalf of ODM:
- Hon. Musalia Mudavadi
- Hon. William Ruto
- Hon. James Orengo
- Hon. Sally Kosgei
Third parties: - Witnessed by:
For the Panel of Eminent African Personalities, H.E. Oluyemi Adeniji, Session Chair
Description: The agreement provides for the parameters and principles for a Constitutional Review.

Agreement document: Kenya_080304_Kenya National Dialogue and Reconciliation-Longer Term Issues and Solutions Constitutional Review.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: Page 1, General Principles and Stages of the Process:
The parties accept that the constitution belongs to the people of Kenya who must be consulted appropriately at all key stages of the process, including the formation of the process itself, the draft, the parliamentary process and any final enactment.
...
2. Parliament will enact a special 'constitutional referendum law' which will establish the powers and enactment processes for approval by the people in a referendum.
...
4 Parliament will consider and approve the resulting proposals for a new constitution.
5. The new constitution will be put to the people for their consideration and enactment in a referendum.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: Governance→Constitution→Constitutional reform/making
Summary: The whole agreement provides for the parameters and principles for a Constitutional Review.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: Page 1, Background:
Recalling the 1 February 2008 agreement by the Parties to deal with long-term issues and solutions that may have constituted the underlying causes of the prevailing social tensions, instability and cycle of violence, and recalling the substantial discussions that have been held concerning constitutional reform over recent years, the Parties to the Kenyan National Dialogue and Reconciliation agree to the following general parameters and principles for the establishment of a constitutional review processes.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: Page 1, Background:
Recalling the 1 February 2008 agreement by the Parties to deal with long-term issues and solutions that may have constituted the underlying causes of the prevailing social tensions, instability and cycle of violence, and recalling the substantial discussions that have been held concerning constitutional reform over recent years, the Parties to the Kenyan National Dialogue and Reconciliation agree to the following general parameters and principles for the establishment of a constitutional review processes.

Implementation

UN signatory: No specific mention.
Other international signatory: - Witnessed by:
For the Panel of Eminent African Personalities, H.E. Oluyemi Adeniji, Session Chair
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: http://www.peacemaker.un.org/

Kenya National Dialogue and Reconciliation

LONGER-TERM ISSUES AND SOLUTIONS:

CONSTITUTIONAL REVIEW

Background

Recalling the 1 February 2008 agreement by the Parties to deal with longterm issues and solutions that may have constituted the underlying causes of the prevailing social tensions, instability and cycle of violence, and recalling the substantial discussions that have been held concerning constitutional reform over recent years, the Parties to the Kenyan National Dialogue and Reconciliation agree to the following general parameters and principles for the establishment of a constitutional review processes.

General principles and stages of the process

The parties accept that the constitution belongs to the people of Kenya who must be consulted appropriately at all key stages of the process, including the formation of the process itself, the draft, the parliamentary process and any final enactment.

There will be five stages in the review of the Constitution and there will be consultation with stakeholders in each stage:

1 An inclusive process will be initiated and completed within 8 weeks to establish a statutory Constitutional Review including a timetable.

It is

envisaged that the review process will be completed within 12 months from the initiation in Parliament.

2 Parliament will enact a special 'constitutional referendum law' which will establish the powers and enactment processes for approval by the people in a referendum.

3 The statutory process will provide for the preparation of a comprehensive draft by stakeholders and with the assistance of expert advisers.

4 Parliament will consider and approve the resulting proposals for a new constitution.

5. The new constitution will be put to the people for their consideration and enactment in a referendum.

Signed on this daYt 4 March 2008:

On behalf of Government/PNU:

- Hon.

Martha Karua

- Hon.

Sam Ongeri

- Hon.

Mutula Kilonzo

- Hon.

Moses Wetang'ula

On behalf of ODM:

- Hon.

Musalia Mudavadi

- Hon.

William Ruto

- Hon.

James Orengo

- Hon.

Sally Kosgei

- Witnessed by:

For the Panel of Eminent African Personalities, H.E. Oluyemi Adeniji, Session Chair