While Kenya has instituted widespread defence, police, judicial and constitutional reforms, the probability of successful security sector reform (SSR) remains highly questionable. This paper, published by the Bonn International Center for Conversion, reviews recent attempts by Kenya to make its security sector more effective and accountable and less corrupt. Notwithstanding reform efforts, Kenya’s SSR is largely ineffective; the country lacks a constitutional reference point grounded in democratic values.
The 2002 Kenyan presidential and parliamentary elections raised the hopes of the people that the country was now progressing towards democratic values and respect for the rule of law. The new government of the National Rainbow Coalition (NARC) embarked on an ambitious series of reforms, including a review of the 1963 Constitution, an anti-corruption campaign and strengthening of judicial independence. However, a number of observers report that the overall fragility of the NARC coalition (comprised of over a dozen political parties), severe resource constraints and ambiguous attitudes on behalf of major donors pose serious obstacles to SSR success.
Kenya instituted a “people-driven” constitutional review in 1997 that affirmed human rights, the rule of law, transparency and reduction of excessive presidential powers. However, due to continuous political disagreements, the constitutional process has been continuously stalled. Other initiatives and shortcomings of Kenya’s SSR are:
- Since 2003, Department of Defence (DoD) and armed forces reforms have received substantial international assistance. But official public scrutiny and oversight mechanisms are not effective; military overspending contributes to mismanagement of the budget process.
- Despite promising police reform programmes (including community policing), violent crime is widespread. Reports indicate that police are continuing to commit unlawful killings and arbitrary arrests.
- Despite the creation of the Anti-Corruption Commission, the judiciary lacks the resources to discourage corruption among poorly paid staff.
- Prison staffs have received human rights training; corporal punishment of prisoners has been outlawed. However, understaffing, generally poorly trained staff and overcrowded facilities contribute to continued excessive prisoner ill-treatment.
- Virtually no regulations exist to register and license private security companies or to require guard vetting and training.
- Kenya signed the 2000 Nairobi Declaration to reduce small arms and light weapons (SALWs) proliferation and launched an anti-SALW national action plan in 2005. However, SALWs are still ubiquitous and easily available.
It is too early to evaluate conclusively the success of Kenya’s ambitious SSR measures. However, the following problems must be
addressed in order to improve the efficacy of current SSR:
- SSR efforts are hampered by a government-wide lack of public scrutiny, transparency and an environment that encourages corruption.
- Oversight of defence and security budgets is particularly weak; there is an urgent need to improve public expenditure management.
- The judiciary continues to be largely ineffective; reports of human rights abuses abound.
- Without the foundation of an updated constitution, SSR efforts lack a constitutional reference point that affirms democratic values.
