Submissions on the national cohesion and peace building bill, 2018 (senate bills, 2021)

The Federation of Women Lawyers-Kenya (FIDA-Kenya) submits this memorandum vehemently opposing further deliberation and enactment of the National Cohesion and Peace Building Bill 2018 on the following grounds:

1. The impugned Bill has huge similarities with the National Cohesion and Integration Act, 2008 (the Parent Act) and the minor difference identified do not warrant an overhaul of the Act but amendment.
2. The similarities of the National Cohesion and Integration Act, 2008 (parent Act) and the National Cohesion and Peace Building Bill 2018 are very evident from the purpose and objective of both documents: to encourage national cohesion and integration by outlawing discrimination on ethnic grounds; to provide for the establishment, powers
   and functions of nthe National Cohesion and Integration Commission.
3. The impugned Bill was introduced in parliament for the first reading on 31st July 2019 and was presented before the Select Committee on National Cohesion and Equal Opportunity for deliberations and the Select Committee’s findings was that majority of the provisions in the Bill are similar to the provisions in the National Cohesion and Integration Act, 2008 and the minor differences do not warrant an overhaul of the NCI Act, 2008, (Attached and Mark FIDA-K 1 is a copy of the report from the select committee).
4. That before the National Assembly is the National Cohesion and Integration (Amendment) Bill 2019 which seeks to amend the National Cohesion and Integration Act, 2008 and incorporate the minor amendments contemplated in the National Cohesion and Peace Building Bill, (Attached and Marked FIDA-K 2 is a copy of the Amendment Bill 2019)
5. The enactment of two legislations by the two houses of parliament whose purpose is to establish state organs that have similar function is ultra vire and an affront to Art 10 of the Constitution.
6. State organs SHOULD NOT duplicate functions as this has a direction correlation on the ballooning wage bill, odious debt and national budget of the country.
7. It also amounts a waste and improper management of public resources which is contrary to Kenya’s international obligation on sustainable development.

Download the full submission HERE