DEMOCRACY AND GOVERNANCE

STRATEGIC OBJECTIVE (SO) 6 – SUSTAINABLE REFORMS AND ACCOUNTABLE GOVERNANCE STRENGTHENED TO IMPROVE THE BALANCE OF POWER AMONG INSTITUTIONS OF GOVERNANCE

USAID began an explicit program to assist Kenya in promoting democracy and good governance in the mid 1990s. In essence the program supports targeted institutions to enable them to be effective poles of power, to check and balance other branches of government, and to become increasingly transparent and accountable. Key areas of support include civil society, good governance, and electoral processes. One key to programming in these four areas is the integration of gender equity into the development, design, and implementation of activities to promote inclusion and parity for women and men.

CIVIL SOCIETY

One hallmark of a democratic society is the freedom of individuals to associate, express their views publicly, and openly debate public policy. Civil society organizations (CSOs) feature prominently in USAID’s Democracy and Governance program since they have effectively provided a voice for Kenyans in public policy formulation. Organizations including human rights groups, professional associations, religious institutions, pro-democracy and peace building groups, business associations, media organizations, and think tanks continue to play a vital role in educating the public and the government on important national issues. USAID’s program provides support to such local Kenyan organizations to strengthen their capacity to effectively advocate for national reforms, monitor government activities and provide objective political, legal and economic information to key Government of Kenya institutions.

Peace building and conflict management are also key civil society interventions. USAID’s geographic focus is in North Eastern and Coast Provinces where local organizations work to prevent, mediate and resolve conflicts. These organizations also work together with the National Steering Committee on conflict to develop a national policy on conflict management.

INSTITUTIONAL STRENGTHENING

A critical focus of the USAID/Kenya DG program is developing the institutional capacity of key institutions with an emphasis on improving transparency and accountability. The program currently works with two key institutions.

Legislative Strengthening

A cornerstone of all consolidated democracies is an independent and effective legislature where all or nearly all of the members of the legislature are directly elected in free, fair, and legitimate elections. An independent and effective legislature is also one of several key institutions for controlling corruption since it plays an important role in identifying corrupt practices, and passing legislation to limit its corrosive impact on both governance and everyday life. USAID activities support the National Assembly by strengthening the parliamentary committee system, increasing the awareness of Members of Parliament of best practices and available resources, and developing their capacity for oversight, analysis, investigation, and decision making.

Rule of Law

Kenya's justice sector is a critically important arena in the transition to a more democratic model of governance. An independent judiciary is the principal defense against undue exercise of power by an Executive or a legislature operating outside its legitimate, constitutional mandate. It also ensures an avenue for citizens to protect their rights and property. The GOK has recently developed a sector wide Governance, Justice, Law and Order Program setting out its priority for improving the rule of law. USAID, along with several development partners, provides support for the GOK strategy. In particular, USAID concentrates on the elements associated with ethics and transparency. USAID supports the Department of Public Prosecutions’ initiative to establish and strengthen a newly constituted Anti-Corruption, Economic Crime, Serious Fraud and Asset Forfeiture Unit.

ELECTORAL PROCESSES

A country cannot be truly democratic until its citizens have the opportunity to democratically choose competent representatives. To empower citizens to exercise this fundamental democratic right, USAID’s program promotes more transparent and competitive electoral processes.

In preparation for the 2002 general elections, USAID supported a multifaceted program with interventions aimed at elections-related intimidation and violence, domestic monitoring, political party capacity building, developing an informed citizenry, and strengthening the capacity of the Electoral Commission of Kenya (ECK) to effectively administer the elections. Although the program has been scaled back following the successful 2002 elections, USAID continues to provide support to develop the institutional capacity of the ECK with a particular emphasis on providing appropriate technology for more efficient and effective elections administration. USAID is also currently developing a new political parties program with expected FY05 ESF funding.