战略与国际研究中心-Moving-Forward-with-Constitutional-Reform-in-Kenya_18页_822kb

Summary of "Moving Forward with Constitutional Reform in Kenya" (December 2010)

Core Content

This report by the Center for Strategic and International Studies (CSIS) and the National Democratic Institute (NDI) provides an analysis of Kenya's constitutional reform process, focusing on the 2010 referendum and the implications for governance, democracy, and U.S.-Kenya relations.

Main Points and Key Information

1. Constitutional Reform Overview

• On August 4, 2010, Kenyans voted in favor of a new constitution, with 67% support.
• The reform process began over 20 years ago, following the 2007 post-election violence.
• The new constitution retains the presidential system but dissolves the prime minister position, which was part of a 2008 power-sharing agreement.
• It introduces devolution, land reform, and rule of law measures to address long-standing political and social issues.

2. Political Context

• The reform was supported by President Mwai Kibaki and Prime Minister Raila Odinga, who were political rivals in the 2007 election.
• William Ruto, a prominent politician, opposed the constitution, fearing loss of influence and support from the Rift Valley.
• Uhuru Kenyatta and Kalonzo Musyoka provided limited support, which affected their political standing.
• The referendum was deemed largely free, fair, and credible, with 72% turnout. However, the electoral system's resilience in the face of future contested elections remains uncertain.

3. Role of Civil Society

• Civil society played a critical role in ensuring the legitimacy of the referendum.
• The Kenyan Elections Observation Group (ELOG) provided bipartisan monitoring, parallel vote tabulations, and voter education.
• Civil society is seen as an "incubator for alternative leadership".
• Challenges include lack of autonomy, clear vision, and domestic funding.
• Future efforts should focus on voter education, youth and women engagement, and consensus building.

4. Implementation Challenges

Rule of Law

• The judiciary was discredited due to corruption and politicization.
• The new constitution aims to insulate the judiciary from executive influence.
• A vetting process for judges and magistrates is introduced, requiring professional competence, integrity, and judgment.
• Controversy arises over the selection of vetting panels, with two competing views: civil society members or judges' peers.

Devolution

• The constitution introduces 47 county governments with directly elected executives.
• Devolution is intended to reduce presidential power, promote equitable resource distribution, and increase citizen participation.
• Implementation risks include corruption, lack of capacity, and bureaucratic inertia.
• The central government must restructure its functions to accommodate devolution, reducing its role to policy and regulation.

Land Reform

• Land is a central issue in Kenyan politics, linked to ethnic tensions, inequalities, and territorial control.
• The new constitution clarifies land ownership and introduces a Land Commission to investigate land injustices.
• Land grants are now subject to parliamentary approval, ending their use as a presidential patronage tool.
• Implementation challenges include coordination of land laws, resolving local conflicts, and determining the role of local vs. national government in managing extractive resources.

5. U.S.-Kenya Relations

• The U.S. has a longstanding partnership with Kenya, particularly in democracy promotion, economic development, and security cooperation.
• The Obama administration emphasized close ties with Kenya, including high-level diplomatic visits and public engagement.
• However, U.S. involvement has been controversial, with some Kenyans perceiving it as overbearing or condescending.
• The U.S. has supported the referendum through diplomatic outreach and democracy assistance, but must shift focus to capacity building and supporting Kenyan institutions.

Conclusion and Recommendations

• The referendum was a success, but the true test of Kenya's institutions lies in future elections.
• Civil society must become more autonomous and sustainable.
• Implementation of the new constitution requires careful management to avoid co-option by narrow interests.
• The U.S. should support Kenya's reform process through quiet diplomacy and institutional development, rather than direct intervention.
• Devolution and land reform must be implemented responsibly to ensure governance improvements and equitable development.

Key Themes

• Democracy and governance are central to the reform.
• Civil society is a key player in ensuring transparency and public trust.
• U.S. engagement must evolve to be more supportive and non-intrusive.
• Implementation challenges are significant and will require sustained effort and collaboration.