The implementation of a new constitution, for example, will require reform of a myriad of key state institutions, among them the Office of the Attorney General and Minister of Justice and Constitutional Affairs, the National Assembly, the Executive, especially the President. The political elite have vested interests in the reform process and despite exhortations to the contrary, it must be anticipated that they will try and capture the constitutional process, in order to achieve an outcome that is most favourable to their interests. This may compromise the protection of the rights of the citizenry.

ICJ Kenya, through ‘Enhancing the Effectiveness and Oversight of Parliament Project’ seeks to support the reform process by ensuring the widest possible availability of information on crucial reform issues so as to stimulate an independent public discussion and informed choices.

Since members of parliament are leading opinion shapers, and yet do not always have the correct information on which to base their opinions, it is necessary that they be singled out for education and capacity building in terms of the process and the content of the reforms. To reduce the information asymmetry between the elite and the ordinary population, it is necessary to rely on the media for the dissemination of important debates affecting the reform process. If the media is to play this role effectively, its own capacitation to understand the issues involved will also be necessary.

The action proposed under this proposal is at two levels. At the first level, it targets issues of process, by seeking to  ensure that correct and timely information is made available to members of parliament, especially those whose position is important to the success of the constitutional reform process, for example the members of the Committee on Legal Affairs and the Administration of Justice. It also seeks to eliminate the existing information asymmetry by ensuring that the same information is made available to the general public through working with the media the second level, the proposal seeks to isolate for discussion, a number of questions of content in the reform discourse and discuss these with members of parliament with a view to promoting understanding of these issues to enable informed choices. The issues of content will be selected on the basis of complexity, novelty, or relevance to the overall stability of the country, based on the most recent experiences.

The Royal Danish Embassy is the donor of this project.