4th National Dialogue Conference

 

People Driven Reforms based as opposed to recommendations from the NADCO Report.

NADCO has brought down political temperatures as there are no more street protests. However, we have left it to the political class to determine the direction to be taken on IEBC yet this power should be with the common wananchi. Political accomodation between Kenya Kwanza administration and ODM gave birth to NADCO. The Presidential and the former Prime Minister are focused on securing AU membership and this is defining the political tempo. Previously, a Presidential candidate used to also run for MP at the same time. Since this is no longer the case, NADCO is proposing that the runners up on Presidential elections to become Prime Minister with two deputies. Also coming into the picture is the Office of the Opposition Leader with two deputies. It has nothing to do with benefiting common mwananchi, it is to the benefit of politicians. 

NADCO report seems to insert 8 new articles and amend 24 articles. There have been 22 attempts to amend the constitution so this is the 23rd attempt. BBI attempted to amend various bills plus a referendum. Does the current NADCO require a referendum? The answer is not clear. Any legal reforms should be done within 18 months to the next elections. This means we have a very short time for electoral reforms by 2027. Parliament was supposes to be dissolve  for not implementing gender balance so we are witnessing impunity from the political class. 

There are events that were supposed to have taken place by now but they didn't. The reconstitution of boundaries was supposed to be done by March. It hasn't happened since there is no IEBC in place. Various by elections across the country cannot take place because IEBC has not yet been fully constituted. Such constituencies are missing out on the opportunity to be represented in Parliament. We currently have self-declared counties e.g Kuria and Mt Elgon, such declarations can clearly paint a bad image for the nation. 

What is the current state of the nation?     County Governments are incompetent, under resourced and grossly mismanaged with rampant cases of corruption. 47 counties can't pay 1,039 doctors yet NADCO proposes all devolved functions to be transferred to counties. NADCO proposes equitable shares to county Governments to be not less than 20% of total collected revenue. This is despite the fact that The National Government can hardly afford 10%. Gender quota reforms is not been given the priority it deserves apart from mentioning it on a speech during Women's Day celebrations. 

What is the current state of the nation on the economy?                                                              The cost of living hasn't come down to the pre-2022 elections period. Prices of essential commodities went up then we're partially reduced. So in reality there has been no reduction.                                                             Euro bond refinancing from 6% interest to 10% interest rate so the debt became more expensive. Future generations who did not directly benefit from the debt are the ones who will pay. The economy may have dodged the bullet with the refinancing of the Euro bond but the fundamentals haven't changed.                   We have witnessed corruption arrests but it's not working out effectively because it is only those affiliated to Azimio camp being arrested. It is as if those affiliated with the Kenya Kwanza camp do not participate in corruption which is not the case.                                                        High levels of unemployment leading to an increase in political gangs also known as hooligans as well as recruitment into radicalized groups.                                                                     All the above scenarios will eventually lead to low voter turn out and registration in 2027 due to reduced confidence in institutions especially IEBC and the judiciary. 

What are the various recommeations?      Support the essential reforms in the NADCO report to put in place the IEBC. Oppose amendments that are intended to feather the nests of politicians.                                     Demand an end to wastage and corruption dealings that are draining the meagre national resources.                                                    Religious leaders and Parliament should ideally stand up to the executive since civil society is less empowered with the current situation of reduced funding as a limiting factor.        Address the gender equality threshold before we get to 2027 elections.                          Countrywide Civic mobilization through structured dialogue. 

There are ten aspects of the constitution that will require a referendum at the tail end. Some of them include: The territory of the republic of Kenya which covers 583,000 square kilometers. The entire chapter 4 which is the bill of rights. The term of the Office of the President. The independence of the Judiciary and independent commission. The functions of Parliament. There are two various ways of starting amendments to eventually lead to referendum. First one is popular initiative. It involves collecting 1,000,000 signatures. Counties then approve through their various local assemblies. It is then followed by being passed in the Parliament and in the Senate by two thirds majority. The second one is the Parliament initiative. Once both houses agree, the bill is presented to the President for signing into law.

What are the key amendments required in the NADCO report?                                         Population alone is not enough for constituency boundaries implementation. Geographical features, economic features and population quotas should be taken into account. The quota is obtained from dividing the total population of the country by 290 constituencies. It should not go beyond 40% of quotas.                       Reviewing constituencies after every population census after every population census which is usually a cycle of 8 to 12 years. NADCO was seeking to remove the cycle and postpone it indefinitely the process of reviewing constituencies.                                              NADCO proposes that the whole IEBC commissioners shall in consultation with IEBC chairman read out the elections results. Curbing the aspects of indiscipline in political parties when. MP's defect but don't lose their political positions. Same should also apply to Governors who change political affiliations, they should lose their political seats. 

In conclusion, we demand people driven reforms without the selfishness of politicians who are only after their own interests at the expense of the common mwananchi.