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Kenya

CURRENT SITUATION
BACKGROUND

With relative calm returning since the post-election violence of 2008, the good news is that there is significant progress in constitutional, legal and institutional reforms. On 4 August 2010, Kenyans voted peacefully and overwhelmingly in favour of a new constitution. There will now be an intensive legislative process to introduce a more effective system of checks and balances.

The launch of the National Task Force Report on Police Reforms in May 2009 was a significant step to reforming policing institutions that were largely seen to have been partial in the way they handled the post election crisis. However, the bad news is that thousands of internally displaced persons displaced during the post-election violence have not yet been resettled; natural disasters continue to ravage peoples' livelihoods making them poorer and the sense of insecurity among many communities in the country is widespread.

While progressive disarmament initiatives are being carried out by the government, evidence suggests diversion of some government owned firearms and ammunition to private hands. There is a potential danger of communities arming themselves from these sources as well as other readily available illegal gun markets orchestrated by gun traffickers. This uncontrolled proliferation and misuse of small arms can enable, trigger, exacerbate and prolong violent conflict.

Until the political crisis that followed the disputed outcome of the presidential elections in Kenya in December 2007, Kenya was a stable country that was not perceived to belong to a list of the so called fragile states in Africa. The dispute which led to unprecedented violence, ethnic animosity and mass displacement significantly changed this perception and was a clear indicator that even the seemingly stable states have a potential for conflict.

In the aftermath of the violence, the attention of Kenyans, their partners in Africa and wider International Community turned to instituting a programme of fundamental reforms to deliver sustainable peace, stability and justice. This resulted in the initiation of the National Dialogue and Reconciliation process through the mediation of former UN Secretary General, Koffi Annan, and the Panel of Eminent African Personalities. In February 2008, the main parties in the dispute – the Party of National Unity (PNU) and the Orange Democratic Party (ODM) –signed the ‘Agreement on the Principles of Partnership of the Coalition Government’.

The National Accord and Reconciliation Act of 2008 was thereafter enacted. The parties committed to undertake a set of actions including: immediate action to stop violence and restore fundamental rights and liberties; immediate measures to address the humanitarian crisis, and promote healing and reconciliation; to overcome the political crisis; and to address long-term issues that may have constituted underlying causes of the prevailing social tensions, instability and cycle of violence, including the need for constitutional, legal and institutional reform, land reforms, poverty and inequalities, national cohesion, transparency, accountability and impunity.