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) )
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 | 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