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BBI Building Bridges Initiative Kenya Terms of Reference

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Building bridges initiative Kenya terms of reference

Executive Summary 

The Building Bridges to Unity Advisory Presidential Taskforce has submitted this report which reflects some of the most extensive public consultations ever undertaken by a similar body in Kenyan history. The Taskforce visited all 47 Counties, and it heard from an inclusive group of citizens from every Constituency that paid attention to gender, ethnic and religious diversity, youth, elders, persons living with disability, civil society, and the public and private sectors. The Face of Kenya was captured in this process. 

The Taskforce heard from more than 400 elected leaders past and present; prominent local voices from the community; and young people who added their voice to citizens in the Counties. This included more than 35 Governors and their Deputies as well as dozens of Senators, MPs, and MCAs in the Counties and in Nairobi. Submissions were given by 123 individuals representing major institutions, including constitutional bodies and major stakeholders in the public and private sectors; 261 individuals and organisations who sent memoranda via (e)mail; and 755 citizens who offered handwritten submissions during public forums in the Counties. Kenyans made their views heard as individual citizens, institutionally, and based on diverse interests and experiences. This report reflects their views and insights. 

Kenyans feel Kenyan when political competition and the use of ethnicity as an organising tool are at rest between elections. Across the country, they are extremely concerned at the poor values we express as a people and a leadership crisis at multiple levels, reflected above all in the continuing elevated levels of corruption. Kenyans are tired of elections that bring the economy to a standstill every few years and feel that politics has become too adversarial while trying to entrench itself in every facet of their waking lives. They would like a more stable and predictable politics that is democratic and produces governance at the National and County levels that is inclusive of our ethnic, religious, and regional diversity. 

While a major focus of this report, again reflecting what we heard from Kenyans, is about Government and the Public Service, the country is far more worried by the lack of jobs and income. This has led to so much poverty, inequality and frustrated hopes, that our continuity as a unified and secure country is uncertain should we persist in the present course. We desperately need a shift in our economic paradigm if we are to provide enough jobs to our youth and have enough revenue to meet the service and welfare needs of Kenyans. 

This report is structured to respond to the nine major national challenges to a united Kenya that were contained in the Joint Communiqué issued following the famous ‘Handshake’ of 9 March 2018. 

However, before going forward, the Taskforce would like to give a special note of thanks and recognition to Rt. Hon. Raila A. Odinga, EGH. As earlier indicated, the Taskforce was responding to the Joint Communique that was agreed by the two leaders. Their bold step and support in establishing this process have become milestones in the building of bipartisanship and unity in Kenyan history, and further afield. It is the privilege of the Taskforce and its members to inform Rt. Hon. Odinga that the taskforce has completed its work and discharged its mandate in full. His leadership and partnership in bringing unity to Kenya will be remembered for many years to come. 

Knowing well the Kenyan tendency to keep report-reading light, and thus to focus mostly on executive summaries, we urge every Kenyan to go deeper into the report. The different chapters are linked and missing the context and analysis in one leads to a shortfall in understanding the recommendations in others. 

The nine core challenges in the order they are presented in the report are: lack of a national ethos; responsibilities and rights of citizenship; ethnic antagonism and competition; divisive elections; inclusivity; shared prosperity; corruption; devolution; and safety and security. 

The major recommendations are made at the end of each of the chapters dealing with these challenges, while Annex 1 lists the recommendations in detail. The challenges are preceded by key observations made by the Taskforce in the ‘notable issues’ chapter on matters of such gravity that the Taskforce feels impelled to share them. They frame many of the specific recommendations that will follow, and therefore should be regarded as integral to the report. 

National ethos: We lack shared beliefs, ideals and aspirations about what Kenya can become if we all subscribed to a national ethos that builds and reinforces our unity. This report is a historic opportunity for us to begin willingly defining, developing and subscribing to an enduring collective vision that would lead to a united Kenya equal to all its major challenges. It would appreciate and honour excellence in leadership, in the civic practices of citizenship, and in our care and consideration of one another. Such an ethos would be deeply respectful of differences in culture, heritage, beliefs and religions. Its character would guide and constrict the planning and actions of the State to the benefit of the people of Kenya. The journey to developing such a national ethos begins by accepting the desperate need for it. That is the most important recommendation made in this report. 

Kenya is made up of cultures that have endured for many generations, and that have at their core the development of ethical and honourable people. Our national ethos will emerge from expanding our sense of belonging beyond our blood ties so that we come to regard every Kenyan, and our collective existence as a nation, to be worthy of our personal commitment and ownership. We will need to have conversations and initiatives that allow us to innovatively combine the young, dynamic and urbanising cultures with the enduring wisdom of our diverse cultures. 

This is bottom-up work, starting in the family and the community, supported by initiatives that embrace the positive cultures, beliefs and ideals of Kenya’s diverse communities and facilitated by civil society, the private sector, and State institutions. It will become embedded in the formal education system, starting from the earliest age and lasting for a lifetime, religious and cultural institutions, the media, and our arts sector. It will not be an ethos made of a single note but will be a complex song of many voices that are inspired by the desire to contribute to, own and build a nation to which we all belong. A Kenya in which 

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a Kenyans’ character of embracing hard-work, honesty, integrity, and respectful behaviour will be recognised and rewarded. 

Among other important recommendations, the Taskforce believes it is profoundly important that we give ourselves an official and inclusive national history, of every community, and stretching back a thousand years. Knowledge of our histories is necessary for us to see far into the future. The Taskforce has also recommended the formation of an Ethics Commission to sit under the Office of the President that will keep track of and support the diverse efforts to develop, build and entrench a new national ethos. 

Responsibilities and rights of citizenship: Kenya is increasingly a nation of distinct individuals instead of an individually distinct nation. And we have placed too much emphasis on what the nation can do for each of us — our rights — and given almost no attention to what we each must do for our nation: our responsibilities. The Taskforce calls for us to develop a responsibility and execution culture through mechanisms embedded in schools. There is also a recommendation that leaders in Public Service personally use the services they govern, to increase ‘skin in the game’. The need for educated parenting is flagged as key to raising healthy and responsible children in an increasingly complex and fast-changing Kenya. The duties articulated in the African Charter on Human and Peoples’ Rights should be included in civics curriculums as Kenyans undergo continuous training throughout their lives. The Taskforce also believes that Kenyan holders of dual citizenship should be equal citizens. The Kenyan constitution, reflecting the deepest shared ideals of our nation, makes it a requirement that the human rights of every Kenyan be protected by all Kenyans and by every organ and office of the State. At present, unfortunately there is an emerging political practice that seeks to create two-lanes to citizenship whereby one group of citizens, by virtue of their dual citizenship, should not have the equal rights to serve in Government. Regarding Kenyans with dual citizenship as being somehow untrustworthy or unworthy amounts to discrimination and a lowered standard of protection and recognition. Kenyans willing to serve should be judged according to their character and track record and not presumed to have split loyalties that compromise their integrity or patriotism. Furthermore, there is little argument about how valuable the learning, remittances and voice of Kenyans in the diaspora are to the prosperity and well-being of Kenyans. Many members of the Diaspora, if not the majority, yearn to return home to serve their fellow Kenyans, while hoping that their children, born abroad, will one day also return home and take up their place. The limits to the ability of holders of dual citizenship from serving Kenyans should therefore be highly limited. One such acceptable instance is in regard to the defence forces, which constitutionally are ‘responsible for the defence and protection of the sovereignty and territorial integrity of the Republic’. This means that, in defence of Kenya, they may be called on to take up arms against the armed forces of other countries in which they may hold citizenship. In this rare, but still possible scenario, there would be potential legal penalties for the Kenyan with dual citizenship if Kenya’s defence forces undertake hostile actions against his or her other country of citizenship. In light of these observations, the Taskforce recommends that the only limit to State service by Kenyans with dual citizenship be the Commander-in-Chief of the Defence forces, members of the defence forces, and the membership of the Defence Council. 

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Ethnic antagonism and competition: These are a major threat to Kenya’s success and to the very continuity of our country. The Taskforce calls for us to do away with a winner-take-all model for the Presidency and opt for a more consociational model that works best for ethnically divided societies. All political parties should also be compelled to reflect the Face of Kenya in ethnic, religious, regional, and gender terms. Individual Kenyans should be educated, exposed, and incentivised to respect ethnic and religious diversity, and this principle should be reflected in the Public Service. In addition, the per capita share of national resources for every Kenyan should be carefully balanced to account for every Kenyan being treated as equal, as the Constitution makes clear, while ensuring that those who have been marginalised in the past, or are being marginalised at present, are given extra help where they need it. Regional integration should be accelerated to change the ethnic calculus of our politics with the East African Community project to achieve political federation following confederation being accelerated. To ensure that we deepen our unity, the Taskforce recommends that the President, as the symbol of national unity, should benefit from the private advice of eminent, experienced, and honourable citizens serving in a Council of Advisors on a non-salaried basis. 

Divisive elections: In our rush to adopt, and even mimic, foreign models, particularly from the democratic West, we have forged a politics that is a contest of us versus them. And we have chosen our ‘us’ and ‘them’ on an ethnic basis, especially in competing for the Presidency, which is the highest office in Kenyan politics. Lack of inclusivity is the leading contributor to divisive and conflict-causing elections. Kenyans associate the winner-take-all- system with divisive elections and want an end to it. The Taskforce recommends a system that addresses our unique needs, especially in forging a homegrown or autochthonous national Executive structure with an Executive President who will be Head of State and Government and Commander-in-Chief, and be the central symbol of national unity, who appoints a Prime Minister to deliver on the day-to-day implementation of policy. The President shall be elected through universal suffrage. For a candidate to be declared the winner of the presidential election, he or she must win 50% + 1 of the presidential votes and at least 25% of the votes cast in each of more than half of the Counties, as is now the case. The President will remain the Head of State and Government, Commander-in-Chief, and be the central symbol of national unity. He shall chair the Cabinet that compromises the Deputy President, the Prime Minister, and Cabinet Ministers. The Taskforce has called for the retaining of the present two-term limit of presidential terms. 

A Prime Minister – The role of a Prime Minister will be crucial in strengthening inclusivity and accountability. It will ensure that the work of Government is better overseen by Parliament, while also ensuring greater inclusivity from political parties with strength in the National Assembly. Within a set number of days following the summoning of Parliament after an election, the President shall appoint as Prime Minister, an elected Member of the National Assembly from a political party having a majority of Members in the National Assembly or, if no political party has a majority, one who appears to have the support of a majority of MPs. The nominee shall not assume office until his or her nomination is first confirmed by a resolution of the National Assembly supported by a majority vote of the members. The nominee for Prime Minister shall not assume office until his or her 

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appointment is first confirmed by a resolution of the National Assembly supported by an absolute majority vote of MPs. If the Prime Minister nominee is not confirmed, the President shall have another set number of days to make another appointment. This process shall continue until there is a successful nomination for Prime Minister; a measure to ensure that this process is not indefinite, and that governance is continuous should be considered. The Prime Minister may be dismissed by the President or through a vote of no confidence in the National Assembly that wins an absolute majority. 

The Prime Minister shall have authority over the control, supervision and execution of the day-to-day functions and affairs of the Government. He or she shall be the Leader of Government Business in the National Assembly. On the President’s tasking, the Prime Minister will chair Cabinet sub-committees. In the exercise of his authority, the Prime Minister shall perform or cause to be performed any matter or matters which the President directs to be done. The Prime Minister will continue to earn his or her salary as a Member of Parliament with no additional salary for the prime ministerial role. 

The Taskforce recommends that to avoid the politicisation of the Public Service, the Permanent or Principal Secretaries will not be subject to Parliamentary approval. Their accountability will be strictly administrative and technical. The work of these senior administrative officers will be coordinated by the Permanent/Principal Secretary in the Office of the Prime Minister who will chair the Technical Implementation Committee of Principal/Permanent Secretaries. 

Cabinet – The Cabinet is a crucial part of the Executive arm of Government. Similarly, its structure is critical to an inclusive and efficient Government. The current debate on whether the Cabinet adds enough value in governance and delivery has revolved around three key issues. The first issue has been whether it ought to be a cabinet of technocrats (like the American system) or whether it should be composed of elected Members of Parliament (akin to the British parliamentary system). There is discontent with the current system, judging from what Kenyans told the Taskforce. The Taskforce proposes that the Cabinet be structured as follows: 

  • The President will appoint Cabinet Ministers after consultation with the Prime Minister. The Ministers shall be responsible for the offices that the President establishes in line with the Constitution. 
  • The Cabinet shall be drawn from both parliamentarians and technocrats with the latter being made ex-officio Members of Parliament upon successful Parliamentary approval. 
  • The Taskforce is also recommending that the Cabinet Secretary be renamed Cabinet Minister. 
  • To ensure more effective political direction and Parliamentary accountability, there shall be a position of Minister of State that will be appointed from members of the National Assembly and taking direction in their ministerial duties from Cabinet Ministers. These Ministers of State will continue to earn their salary as MP with no 

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additional salary for their ministerial role. The Taskforce further recommends eliminating the post of Chief Administrative Secretary. 

The runner-up of the Presidential election becomes an ex-officio Member of Parliament and the Leader of the Official Opposition if his or her party is not represented in the Government, or of a coalition of Parliamentary parties not represented in the Government. The Leader of the Official Opposition shall be enabled to have a Shadow Cabinet to challenge the Government’s positions in Parliament. 

Representation 

A critical part of the Taskforce’s recommendations is on representation. The success and sustainability of democracy, to a great extent, depends on the fairness of representation in the electoral system. Kenyans expressed a powerful attachment to their right to fair representation that is accessible and responds to their needs. In light of this, the Taskforce strongly recommends that whatever form reforms to representation take, that they accord to the following principles if Kenyans are to be fairly and equally represented: 

  • That the people’s choice, as reflected in the election of their representatives, including in Party primaries and nominations, shall be upheld through fair, free and transparent elections. This principle should be provided for in the Political Parties Act. 
  • Individuals included in any Party lists shall initially have undergone a process that uses transparent public participation in the Counties even before any other vetting procedure is used. This principle should be provided for in the Political Parties Act. 
  • That there shall be the equalisation of representation and equality of citizenship, as much as possible, by ensuring that each Kenyan vote has the same status and power, as envisaged in the Constitution. 
  • Parties should be compelled through the Political Parties Act to be consistent with the Constitution to meet the Gender Rule and other Constitutional measures of inclusion through their party lists. This will equalise both genders in political terms, rather than creating a parallel system that creates a sense of tokenism. 
  • Party lists for Members of County Assemblies shall follow the same principles and processes of public participation, elections and vetting as the National Assembly. This will ensure that the people and parties can ensure that there is accountability in a direct manner. 
  • The existing constituencies will be saved, including the protected seats because they have become key for representation of sparsely populated areas. 
  • The nomination lists through parties should be completed in a transparent process governed by the political parties overseen by the Registrar of Political Parties and the IEBC. 

There are also recommendations by the Taskforce on changes to the Independent Electoral and Boundaries Commission. 

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Inclusivity: In its consultations, the Taskforce heard a lot about the desire for inclusivity and came to understand that Kenyans have a very particular ethnic interpretation of this principle that is changing fast, particularly due to rapid urbanisation. The Taskforce found that Kenyans, at core, interpret inclusivity in very political terms as ‘who gets what, when and how’, and focus on the authoritative allocation of resources and values. They therefore yearn for more inclusion in executive power, at the National and County levels, as articulated in the section on divisive elections. Connected to this is Kenyans’ need for fair and equal representation, and their desire to respond to the inequality in the power of the vote that has grown over the years, with some areas needing many more votes to elect a representative. The Taskforce makes major recommendations on increasing inclusivity on a political, economic, social, religious, cultural, youth, and gender basis. It also seeks to reduce the ironic phenomenon of those marginalised at the national level being responsible for marginalising others in the Counties. A critical aspect of inclusivity is that it must be perceived as reality, especially in job allocation in the Public Service, which should reflect the ethnic, religious, regional, and cultural Face of Kenya, and should be free of corruption in recruitment. An elevated concern is in corruption in the recruitment of Kenyans into the disciplined services, which causes incoming officers to be inducted into a bribe-demanding culture right from the start of their careers. The Taskforce recommends an out-of-the-box solution to utilise private sector recruitment companies with internationally reputable brands to help in filling the recruitment pool for the disciplined services in a way that reflects merit and the Face of Kenya. 

Shared prosperity: We need an economic revolution, to build an economy that can produce the jobs we need, urgently. Kenyans speaking in every consulting session run by the Taskforce, in every County, spoke of their problems fed by poverty and joblessness or under- employment. No country has progressed based on such disparities — including corruption, exclusion, increasing poverty, hunger, unemployment and persistent inequalities — while lacking a common national character. The single most important matter facing Kenyans when it comes to shared prosperity is generating enough jobs and employment, particularly for young people. 

It is not enough to merely improve our economic output and present rates of investment: we must entirely transform the way our economy operates if we are to deal with the present lack of jobs. It is therefore crucial for us to build an economy that is founded on the principles and practices of value creation, and that rejects the extractive model as the primary mode of economic activity. This will require a new economic paradigm for jobs and prosperity that raises national domestic savings beyond 25%, that enables rapid growth of labour-intensive manufacturing through deeper regional integration, and that uses economic coordination by the State though not State ownership to grow markets and industries. Kenya will become more prosperous, with far more jobs created, if we deepen our regional integration with neighbouring countries in achieving a genuine common market underpinned by eventual political federation. 

The future of the global economy is in innovation and invention using intellectual property, genes, and the living bodies of knowledge developed by generation after generation of our 

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people. Kenyan laws must be fashioned to protect these resources fiercely, and the Government structured to project compliance throughout the world. This should be accompanied by frameworks for use that maximise the ability of Kenyans to build upon these properties. To build actual wealth and jobs, a surge in entrepreneurship will be needed, and should be provided through widespread training, and macro- and micro- economic policies that favour start-ups and small growing businesses. 

We will need to think big and long term if we are building an industrialised economy that meets the needs of the current and future generations. We must start with a 50-year plan that has as its aim, Kenya joining the world’s most prosperous, shared and sustainable economies. To ensure that our prosperity is indeed shared, the Taskforce calls for the entrenching of Article 43 on economic and social rights in political platforms and national policy. It also recommends using scarce public resources for development not bureaucracy by targeting a ratio or ceiling, written into law of 70:30 for development versus recurrent expenditure. In addition, young people should be allowed more employment and livelihood chances by Government making it easier for small businesses to compete and grow. 

Corruption: The growing public perception of Kenya having a rigged system that rewards cronyism and corruption, as opposed to the productive and hardworking, is the greatest risk to Kenyas cohesion and security. Tackling corruption is the single most important mission Kenya has now. Many Kenyans told the Taskforce that it is the lure of illicit financial gain through the holding of elected or appointed positions that drives much of the aggressive and negative ethnicization and even militarisation of political competition. The Taskforce makes major and actionable recommendations on freeing Kenya from cartel capture; that Public Officers should not be in business with Government; and that wealth declaration forms should be made public including a written narrative of how wealth above Kshs 50 million was acquired. It also calls for making Kenya a 100% e-services nation by digitising all Government services, processes, payment systems, and record keeping. These services must be secured from criminal tampering. The Taskforce calls for more resignations to show that leaders in executive positions should take responsibility for disasters on their watch by resigning. The Taskforce has also recommended that strong reforms need to be undertaken to increase public confidence in the Judiciary, which at the moment is relatively low. The Taskforce understands that core constitutional principles in Kenya are the separation of powers, between arms of Government, and accountability to the people of Kenya. This means that in undertaking reforms, the independence of the Judiciary must be protected as a fundamental principle, while the Judiciary should be accountable in a clear manner to the sovereign people of Kenya. 

Devolution: Devolution has largely been a success. However, devolution is still frustrated by serious challenges that if unaddressed, will raise questions about its political and economic sustainability. Kenyans overwhelmingly told the Taskforce that they wanted their Counties to remain as they are but with services further decentralised to the ward level; and that each ward should benefit by receiving at least 20% of the development fund in each five-year term. Kenyans want far better service delivery and for development projects to receive enough oversight to prevent wastage and corruption. Kenyans told the Taskforce that they 

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lament the devolution of corruption and impunity to the County Governments and called for strong anti-corruption measures to be taken. The same calls for inclusion that were made by Kenyans regarding the National Government were made for the Counties. The ‘winner-take- all’ phenomenon in Counties, following elections, is said by many Kenyans to lead to discrimination, inequality, and inequity in resource distribution. 

The Taskforce calls for the retention of the 47 Counties and for support to the voluntary process of Counties forming regional economic blocs. Depending on further consultation with Kenyans, consider that while Kenyans are strong supporters of devolution and their counties, they also want better value for money and more money to be used for development as opposed to high recurrent and administrative costs. Perhaps there is a way that the 47 Counties can be maintained as the focus of development implementation and the provision of services, while representation and legislation are undertaken in larger regional blocs. It recommends increasing the resources to the Counties by 35%–50% of the last audited accounts and ensuring that the focus is on service delivery in the settled and serviced areas, including for people living near the furthest boundaries. Services provided by the Counties must be as equal as possible, and there should be investment in critical areas such as health, agriculture, and the urban areas, while taking account of past and existing marginalisation. The aim should be for all Kenyans to have to cover the same distances to access public services. The Taskforce proposes changes to the County Executive, including, but not limited to, the running mate of every candidate for the position of Governor being of the opposite gender. Steps should be taken to strengthen the ability of the Members of County Assemblies in providing proper oversight on the County Government. At a minimum, this should be done by ensuring that the transmission and management of County Assembly budgets are insulated from arbitrary or politically-motivated interference by County Executives; these processes should also be subjected to rigorous public finance management processes. Recognising the critical importance of growing the national economy, the Taskforce calls for Counties to encourage their residents to be more entrepreneurial, and to compete for investment from other parts of the country, and abroad, to flow into the County. In addition, a recommendation is made to strengthen dialogue and the integration of communities in the Counties, especially those that are multi-ethnic, with a focus on ensuring minorities are heard and respected. 

Safety and security: Kenyans told the Taskforce that they do not feel sufficiently safe and secure. The Taskforce noted the dangerous region Kenya is in and the continuing threats of terrorism, failing or fragile states and countries with territorial ambitions, police abuses and rogue illegal actions that violate human rights. The Taskforce strongly recommends that the value of a Kenyan life impacted by violence, insecurity and poor safety standards should be the same across Kenya in terms of police response, investigation and prosecution. A life in an upscale Nairobi suburb should be equally protected as one in Loima village. It also calls for every incoming President within three months of taking office to publish a comprehensive National Security and Safety Strategy and renew it two years later. It should be pro-active, preventive, and pre-emptive, while reflecting the priorities and needs of the entire Government as well as all sectors of society. There is also an urgent need to strengthen the 

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performance and public-service orientation of the National Police Service, as well as supporting the mental health and wellness of officers. 

Commissions and cross-cutting issues — The Taskforce recommends the transfer of work reporting on, promoting and enforcing ethical conduct to a proposed Ethics Commission (in the chapter on National Ethos). This will mean separating the obligation to conduct criminal investigations from the obligation to promote and enforce ethics in Public Service. 

It also calls for strengthening the Directorate of Criminal Investigations to complement the independence of the criminal-justice system which includes the Director of Public Prosecutions and the Judiciary. There should also be an in increase in the resources for the Director of Public Prosecutions to enable effective prosecutions. 

The Taskforce strongly recommends that regulation in Kenya be simplified and made more transparent and predictable. This can start with the rationalising of the mandates of regulatory bodies to ensure lack of duplication, and to ease transparency, affordability and prompt service to enable higher levels of regulatory compliance. 

The Taskforce has recommended that it is critical that every organ and arm of Government be accountable to the people of Kenya. That means that every independent commission must have internal accountability systems that clearly and transparently separate the power of appointment and promotion from that of interdiction and censure. In addition, rigorous audits that inquire into value for money and upholding sound principles of public finance management should apply to every arm of government and every public institution. 

The Taskforce in listening to views on resource sharing, and the provision of services has come to the conclusion that Nairobi, by virtue of being the national capital and an extra- territorial seat of the United Nations, which has the city as its third global headquarters, is dissimilar to other counties. The Kenyan people look to the capital as the seat of all arms of Government and as a critical location for their civic participation in national life. This means that the Commission of Revenue Allocation formula would struggle to take into consideration this special status of Nairobi and the demands for services that come with it. Further to this consideration as capital city, the 26 March 1975 agreement between the Republic of Kenya and the United Nations regarding the headquarters of the UN Environment Programme in Nairobi agrees actions by the National Government that touch on the environment, infrastructure, amenities, public services, and accessibility of the headquarters. To demonstrate the far-reaching implications of the agreement, consider its agreement that ‘the headquarters seat shall be supplied with the necessary services including without limitation by reason of this enumeration, electricity, water, sewerage, gas, post, telephone, telegraph, local transportation, drainage, collection of refuse and fire protection…’ It also holds that ‘in case of any threatened interruption of such services, the appropriate Kenyan authorities shall consider the needs of UNEP as being of equal importance with those of essential agencies of the Government…’ These actions are agreed with the National Government and not the County Government. The status of Nairobi as host of a global UN headquarters is a big reason why it has become a diplomatic hub with dozens of countries establishing missions that will allow them representation at UNEP and 

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other UN bodies governed from Nairobi. These missions in turn demand a minimum level of services and facilitation from the National Government. The Taskforce recommends that Nairobi be accorded a special status as capital city that allows the National Government the means to provide the services and facilitation necessary to maintaining it as a capital city and as a diplomatic hub. At the same time, such a special status should not impede the rights of the Kenyan people to representation at the ward and parliamentary levels.

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