NAIROBI, Kenya, _In the recent submissions made to the National Dialogue Committee at the Bomas of Kenya in Nairobi on Wednesday, the Kenyan Section of the International Commission of Jurists (ICJ-Kenya) presented their submissions before the committee during the afternoon session that was co-chaired by Hon. Stephen Kalonzo Musyoka and EALA MP Hassan Omar, who was sitting in for the National Assembly Majority leader Kimani Ichung’wah.
Led by Deputy Executive Director Demas Kiprono, ICJ Kenya made submissions on pertinent issues including the implementation of Article 43 of the constitution and the cost of living, citing corruption, irresponsible borrowing, and wanton cases of government wastage.
Kiprono further noted that social and economic rights are a cornerstone of human rights, aiming to create a more just and equitable society where all individuals can live in dignity and reach their full potential.
He observed that protecting and promoting these rights were essential for building a more inclusive and prosperous world for everyone.
“Government wastage is often associated with inefficiency and mismanagement.
It siphons resources away from essential services.
This includes misallocating funds, overpriced contracts, and ghosting workers on payrolls.
Such wastage hampers development and contributes to budget deficits, prompting more borrowing.
Kenya should prioritize transparency, effective oversight, and accountability mechanisms to combat government wastage and corruption,” said Kiprono.
By combating corruption, implementing responsible borrowing practices, and improving fiscal management, Kenya can allocate resources more efficiently, reduce inequality, and create an environment conducive to economic growth and social progress.
ICJ Kenya has also called for the implementation of the two-thirds gender rule, citing that it can not be ignored since the Supreme Court has already pronounced that parliament failed to honor the constitutional edict.
As such, parliament has been urged to enact a clear and precise law on the two-thirds gender rule and have the political will to fully implement it to avoid situations where it and other Institutions will be found to breach this Constitutional provision.
On governance issues including promoting national unity and inclusivity in public appointments, ICJ Kenya posits that deliberate steps must be made to ensure that all facets of Kenyan society are represented in appointive leadership at all levels of government.
“Political patronage, nepotism, and tribalism still influence political party structures and public appointments at the national and county levels, thus undermining the principles of inclusivity and meritocracy,” noted the deputy executive director.
Other issues that dominated the petition included the need for adequate cheques and balance and separation of power in order to inculcate constitutionalism, the rule of law, democracy, and human rights, the entrenchment of funds into the constitution and constitutionality of the office of the leader of official opposition and office of the prime cabinet secretary.
Julie Wayua Matheka, program manager of ICJ Kenya, further noted that it is important to resource and strengthen independent institutions as well as the Judiciary to be able to fulfill their mandate.
She also called for openness and transparency in the recruitment of the select panel for IEBC and its commissioners.
“There is a significant lack of public trust and confidence in the current structure and functioning of the Independent Electoral and Boundaries Commission (IEBC).
This lack of trust is a critical concern and must be addressed. Additionally, there is a perceived need for increased accountability and transparency in the activities of the IEBC, particularly concerning electoral processes and decision-making,”
Wayua called for meaningful engagement with various stakeholders, including political parties, civil society organizations, and citizens, in order to ensure that the IEBC is inclusive and representative of diverse interests.
