Next elections a make or break for Kenya, warns Annan panel

• Kenyans told to prepare for radical changes the new Constitution brings into their lives, manners, habits, governance systems and ways of delivering justice

There are no concrete steps towards establishing county governments caused by the disagreement between the Treasury and the Local Government over the financial and economic independence of the devolved units.

The national government appears determined to have control of counties by current regional commissioners to county coordinators, in the process denying governors a role in the security matters and maintenance of law and order in their jurisdictions.

This disagreement prompted Mr Annan to say: “It is vital that the devolution process must be managed properly. Planning must begin now to ensure that the legislative and administrative frameworks are in place to enable a seamless transition to the new governance arrangements. County governments should not, and cannot, begin in a vacuum.”

Secondly, already a government Bill to amend the Constitution to switch the elections date from the second Tuesday in August of every fifth year from the last elections to the third Monday in December has gone through the First Reading in Parliament.

This is compounded by attempts by reports that Ndaragwa MP Jeremiah Kioni is planning to move a motion to scrap the second chamber of Parliament — the Senate — from the Constitution.

What it means here is that one cannot be too sure that all provisions in the Constitution, new laws and institutions that are to be established will, indeed, be given room by the political class.

Justice Willy Mutunga appeared to have captured the caution that is being taken by Kenyans in his speech when he said: “It is becoming clear that there is no clear appreciation of the Constitution, some by default and some by design. There are Kenyans at all levels who are yet to undergo a mental shift to make them live by the new Constitution.”

Perhaps aware of the manipulations that can be put in place to reverse the gains, Mr Annan was categorical that Kenyans have moved on, are more aware of their rights and will not let politicians spoil the soup when it is about to boil.

“The Kenyan people have moved on, they are more aware of their political rights and I am sure it will not be business as usual for politicians,” he said.

Peaceful elections

For Kenyans to have peaceful elections, it would require that sufficient reforms, touching on the electoral process, political party supervision, security and regulations are passed.

In spite of the cloud hanging over the elections, Mr Annan insisted: “Preparation for the next polls must go on. The IEBC must be ready when the date is announced.”

A change in the way of doing things by our politicians will also work with each knowing that competition could be between political parties and individuals but not to the extent of generating vitriol and hatred.

It would also require unifying Kenyans who were torn apart by the chaotic events of early 2008; a pointer that the Truth, Justice and Reconciliation Commission should hasten its work.

Former Tanzania President Benjamin Mkapa spoke of the essence of unity in diversity and multi-ethnicity.

Devolution should be handled with haste and care, ensuring that power is reduced from the central government to counties in line with laws that clearly spell the space of the devolved units.

“The challenge of the coming months is consolidating the constitution, building bridges across ethnic cleavages, patriotism and the drive to hold fair and free elections. That is when what has been said here can be achieved,” said Mr Mkapa.