National Accord and Agenda Four Commissions
In 2008, the KLRC played a leading role in the in the development of legislation implementing the National Accord. The National Accord and Reconciliation Act, 2008 was enacted. It went a long way in diffusing the tension arising due to the contested 2007 Presidential Elections. Among the legislation developed by KLRC include the Constitution of Kenya Amendment Bills, 2009 which created the Committee of Experts (CoE), Interim Independent Electoral Commission (IIEC), Interim Independent Boundaries Review Commission (IIBRC), and Interim Independent Constitutional Dispute Resolution Court (IICDRC). The CoE drafted the CoK2010, while IIBRC was operationalized, carried out its duties and submitted its report on delimitation of electoral boundaries to Parliament before its term expired. IIEC was operational until replaced by Independent Electoral and Boundaries Commission (IEBC) under the new Constitution and operationalized by the IEBC Act, 2011.
KLRC also developed the legal framework which established and operationalized the Truth, Justice and Reconciliation Commission (TJRC), the National Cohesion and Integration Commission (NCIC) among others. TJRC is functional and it's continuing with its public hearings. NCIC is operational and is carrying out its mandate. TJRC is expected to complete its mandate by June, 2012 and present its final report to Parliament. NCIC is expected to ensure that national integration and reconciliation are embraced and realized so as to prevent any recurrence of PEV as witnessed in 2007/08.
The National Dialogue and Reconciliation Agreement was signed in Nairobi on 1 February, 2008. The dialogue sought to provide a peaceful solution to the political impasse and violence that had engulfed the country, following the December 2007 general elections. The following were the main agendas of the dialogue:
- Agenda No. 1: Immediate action to stop violence and restore fundamental rights and liberties.
- Agenda No. 2: Immediate measures to address the humanitarian crisis, promote reconciliation, healing and restoration.
- Agenda No. 3: How to overcome the current political crisis.
- Agenda No. 4: Long term measures and solutions (such as constitutional, institutional and legal reforms; land reform; poverty and inequity; unemployment, particularly among the youth; consolidating national cohesion and unity; and transparency, accountability and addressing impunity).
The Commission has played a central role in the realization of the above agenda items. In particular, the Commission has participated in the development of the following laws and institutional framework towards realization of national cohesion and integration:
- The National Accord and Reconciliation Act, 2008;
- The National Cohesion and Integration Act, 2008;
- The Truth, Justice and Reconciliation Act, 2008;
- Setting up of the "Agenda Four" Commissions namely:
- The Truth, Justice and Reconciliation 2008;
- The Committee of Experts on Constitutional Review, 2009
- The Interim Independent Electoral Commission, 2009
- The Interim Independent Boundaries
- Preparation of Model Legislation for County Governments
- Audit and Prioritization of all existing legislation to conform with the Constitution of Kenya 2010