Kenyas donor-funded reform programme for governance, justice, legal, law and order sectors hangs in the balance following a deterioration of relations between the government and the civil society, writes the leading Kenyan daily, “East African Standard” Monday.
The Ksh4 billion (52 million US dollar) programme, along with the national land policy formulation, is being funded by the donor community on condition that civil society is involved in both its implementation and monitoring.
A Danish newspaper, Information, last week said Denmark would withhold Ksh1.5 billion (19,5 million dollar) in aid unless a row between an international NGO, Mellemfolkelight Samvirke (MS-Kenya), and Nairobi is resolved. The NGO has been deeply involved in land reform in the country.
(Det oplyses fra Nairobi, at næste møde “på højt niveau” mellem danske og kenyanske regeringsrepræsentanter om MS-sagen finder sted i Nairobi tirsdag den 21. juni.)
Leading civil society groups, among them the Kenya Human Rights Commission, Kituo cha Sheria, the Basic Rights, the Kenya Alliance for the Advancement of Children and Seatini (Kenya), told The East African their continued support for the initiatives is threatened by the governments reneging (svigt) on its commitment to reforms.
– The faith and commitment to reforms is no longer there. The war on corruption has been downgraded and knocked off the list of priorities, said Kituo cha Sheria executive director Haroun Ndubi.
The governance, justice, legal, law and order sector reform programme is funded by a consortium of donors among them the World Bank, the EU, USAid and the UKs Department for International Development (DfID).
In the stand-off with the Danish government, Nairobi has refused to renew the work permits of MS-Kenyas country director Lotte Grauballe and two programme officers, Kristian Peterson (advocacy) and Dorthe Mortensen (information) whose permits expire in September.
The Kenyan government has accused the aid agency of sponsoring recent ethnic violence over land matters through its backing of local land-rights NGOs.
In addition, the government has revoked the registration and frozen bank accounts of a Maasai land rights NGO – Osiligi – accusing it of inciting last years invasion of commercial ranches in Laikipia district. Osiligi is among organisations that have received funds for advocacy from MS-Kenya.
Leading Kenyan NGOs have condemned the cancellations and urged the government to renew the permits unconditionally.
They also condemned the deregistration of Osiligi, and a demand by the government that NGOs file their financial returns. This, they said, was part of a concerted pattern of suppression of civil society by the government.
Kenya Human Rights Commission deputy director Steve Ouma said: – We are holding consultations with the donor community. We want to conduct an audit of the governments performance and its commitment to the promises it made to the Kenyan people.
But Assistant Minister for Justice and Constitutional Affairs Robinson Githae said the civil society was not honest in its criticism of the government.
– It is not fair. We are working as partners with the civil society in the reform programme. The NGOs only criticise the government in order to remain relevant in the eyes of donors, he said.
Explaining the falling out between the National Rainbow Coalition government, which took power in 2003 on a reform agenda, Mr Ouma said: – Unlike the Kanu government, which was totally impervious and never listened to anybody, Narc came to power promising reform. We deceived ourselves that we could work together, but it has been a fraud. We must reconsider our position.
Civil society, which is credited with playing a leading role in the removal of Kanu from power in the 2002 general election through a civic education programme and protests for more than a decade, embraced the Narc government when it came to power.
Several leading personalities from the NGO sector and civil society were co-opted into the government or government-initiated programmes.
They included a former chairman of the Law Society of Kenya, Ahmed Nassir Abdullahi, who became chair of the advisory board of the Kenya Anti-Corruption Commission; Kenya Human Rights Commission chairman, Prof Makau Mutua, who headed the government task force on the Truth and Reconciliation Commission; former, executive director of the Kenya Human Rights Commission, Maina Kiai; immediate former CEO of the Centre for Governance and Development and chairperson of the NGO Council, Gichira Kabaara; and former executive director of Transparency International John Githongo, who became the Permanent Secretary for Ethics and Governance before he quit last February.
Two weeks ago, the Danish Ambassador, Finn Thilsted, said the refusal by the government to renew the MS-Kenya work permits was a source of concern for authorities in Copenhagen. – We expect a quick resolution of the matter by having the permits renewed, he noted.
Mr Ndubi said the civil society was telling the government and donors that the reform agenda must be anchored on a policy or legal framework as opposed to being hostage to the whims of the government.
Kilde The East African Standard, Nairobi
