Cellar Group: Citizen's Solution for Lasting Peace

The Cellar Group has come back with another iteration of their document (I published the earlier version a few days ago). I think they have advanced their thinking considerably. Here goes.

CITIZEN’S SOLUTION FOR LASTING PEACE

We the citizens of Kenya went to the polls on December 27, 2007 to elect a new government. However, the election has resulted in a stalemate. Following this, we the citizens would like to observe the following:
• Both sides of the divide have substantial support across the country, with over 4 million of us voting for each of the two leading presidential candidates, Hon. Raila Odinga and Hon. Mwai Kibaki.
• We the citizens are disheartened at the loss of life, destruction of property and the increasing polarization of our people. We observe that the current situation has created an opportunity for the emergence of criminal gangs that are harassing us. We fear that if the situation is not addressed, things could get worse.
• We also recognize that the current conflict reflects shortcomings in the electoral process as well as in our constitutional order. Of particular concern are issues of regional and economic equity and opportunity.
• In our view that unless the two of you work together, the country will remain deeply divided and unstable.
• It is our view that a power‐sharing arrangement is critical as a way forward.
• We appeal to you, Hon. Mwai Kibaki and Hon. Raila Odinga, to lead us out of this state of hopelessness by considering the Citizens Solution for a Lasting Peace outlined below.

Proposed Structure of Government

Head of State (President and Commander‐in‐Chief) – 5 year term
Appoints with parliamentary approval:
• Minister for Internal Security & Defense
• Minister for Foreign Affairs
• Judicial Service Commission and Public
• Service Commission

Head of Government (Executive Prime Minister) – 5 year term
Appoints with parliamentary approval all
• Other ministers according to a pre‐agreed party mix and regional balance formula
• Chairs Cabinet

Notes
• First order of parliamentary business will be to fast‐track legislation to entrench the above structure
• For all constitutional offices and senior government and parastatal positions, Public Service Commission and Judicial Service Commission will perform recruiting and vetting and then submit shortlist to the Head of Government with a view to national diversity IPPG becomes law and is operationalized
• Adoption of PRSP as the over‐arching development plan of the country
• Judicial Service Commission to appoint judges subject to parliamentary vetting
• Staggered 5‐year term for Head of State and Head of Government

National Reconstruction (Medium Term)
To implement the above government structure and to heal the deep divisions among the people, the following activities must start immediately and continue:
• Immediate joint initiatives for peace including weekly Joint Peace Rallies and call for return to calm.
• Urgent repatriation and resettlement of displaced people
• Independent review and improvements in the electoral law and process going forward and reconstitution of joint election commission
• Infrastructure Marshall Plan with regional balance as a priority and strengthening of Regional Development Authorities
• Funded Land Restitution Mechanism administered to the principles that every Kenyan has the right to live in any part of the country and that local people in every community should be facilitated to own land in their own community
• Significant expansion of the Constituency Development Funds and establishment of ministry to administer it
• Repayment Commission where those alleged to have illegally acquired property return it in exchange for immunity from future prosecution
• Affirmative Action (special attention in all government activities and allocations to regional balance and economic equity)

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