Kenya's BBI and the EAC's dream of regional integration

The Building Bridges Initiative (BBI) Taskforce wants Kenya to stick with the ambitions of the East African Community, including the ultimate goal of forming a political confederation.

The taskforce has suggested amendments that will see a formal inclusion of regional integration into the Constitution, which could shield the country's foreign policy from personal manipulation by office holders.

The BBI report suggests inclusion of a new article 10A in the Constitution, specifically indicating Kenya's support for regional integration and African Unity, both of which are goals of the EAC and the African Union.

"This Constitution embraces the goals of African unity and the political confederation of the eastern Africa region as integral towards attainment of sustainable development, prosperity for all and stability,” the draft amendment reads.

"The State shall take legislative, policy and other measures to give effect to this Article."

If approved, it means regional integration will form part of the national values as listed in the Constitution.

Article 10 lists patriotism, national unity, devolution, public participation, equity, rule of law, social justice, equity,and protection of the marginalised among national values.

It also includes good governance, integrity, transparency, sustainable development and inclusiveness as values which all public officers must adhere to in the conduct of their business.

(Download a copy of the BBI Report: BBI REPORT)

Country relations

Elevating a foreign policy issue into that of national values means Kenya will continuously work towards strengthening the regional blocs it belongs to.

The East African Community initially planned to have a customs union, common market and political federation by 2030.

But its members have routinely fallen out with each other on bilateral issues.

Kenya and Tanzania have argued over Covid-19 certificates, tour vans, imported chicks and straying cattle while Rwanda and Burundi have quarreled over hosting insurgents .

Uganda and Rwanda, at some point this year, closed their common border over political tiffs.

Kenya has had problems convincing member states to join it in negotiating a trade deal with the UK as Nairobi is the only one formally categorised as the Lower Middle Income Economy, which makes it in dire need of such a trade agreement to continue enjoying export privileges into the UK market.

All member states - Kenya, Uganda, Tanzania, Rwanda, Burundi and South Sudan - now appear to have talked out of their quarrels.

But the bloc, now chaired by Rwandan President Paul Kagame, hasn't held a summit for the last two years.

Were it to hold one, they could discuss the application of the Democratic Republic of Congo to join the bloc and be the seventh member.

The BBI, however, wants that integration to be the core part of every successive government, alongside cohesion, shared prosperity and the centrality of the economy.

Act of Parliament

Kenya would be the first country in the EAC to specifically include regional integration in their supreme laws.

Currently, the country relates with neighbours and the world through various treaties and protocols.

And although the Constitution considers signed treaties as part of Kenyan law, a corresponding Act of Parliament must usually be established for them to be operational.

The BBI proposal sees integration and cohesion of the eastern Africa region and Africa "as integral towards achieving national economic goals".

"The provision obligates the State to take policy and legislative measures for the attainment of this ideal. The aspiration is to enhance Kenya's standing and leadership in the region and to balance production and sharing.”

The taskforce has suggested an overhaul of the specialised ministries charged with implementing foreign policy and regional integration to ensure they "integrate deeply" with neighbours.

"The OP (Office of the President), Ministry of East African Community Affairs and Regional Development and Ministry of Foreign Affairs to identify and remove all administrative barriers that slow down integration," the taskforce recommended, indicating the priority as "high."

"They will implement all laws and processes that promote, deepen and widen integration. Steps to be taken to align our laws and processes to the other East African member states."