Development Partnership Forum 29 November 2010 Statement on the Twelve Commitments by Johannes Zutt, World Bank Country Director and DCG Co-Chair, on behalf of the Development Partners In closing the last meeting of the Development Partnership Forum (DPF), in May, the Prime Minister committed the Government of Kenya to achieving 12 actions which we— the Government and the Development Partners—deemed to be important steps forward in developing Kenya. Over the intervening six months, these twelve commitments have helped us to focus on these important steps and to make progress in completing them. We appreciate the Government’s detailed assessment of progress to date. That assessment, which builds on the review undertaken at our technical meeting last Monday, shows that four of the commitments were achieved; six significantly advanced; but two not advanced very much at all. Using a very simple scoring system (no marks for limited progress, half of a mark for significant progress, and a full mark for achievement), we get a score of seven out of twelve. Overall, seven out of twelve is a good start, particularly in light of the Government effort simultaneously to hold a peaceful referendum on the new constitution and to initiate the legislative work required for its implementation. We recognize too that this exercise, which was not among the twelve commitments, is clearly the most important one that the Government faces today, and we commend the Government for its progress to date. Turning to those actions that were among the twelve commitments, we would like particularly to recognize the completed actions related to presenting a costed implementation plan for the new constitution [Commitment 9], passing the Companies and Insolvency bills through the Cabinet [and parliament] [Commitment 4], finalizing the public sector transformation plan [Commitment 11], and organizing ourselves in a way that will enable scaled-up investment in water harvesting and water storage infrastructure [Commitment 7]. In the latter case, of course, we had an easy win: the commitment involved simply holding a meeting, and much remains much to do to expand investments in water storage infrastructure in the future. That said, these four actions, as written, have been completed, and we can now retire them from our joint list. But as Development Partners, we also recognize that that leaves eight actions that have not been completed. These outstanding actions remain important to Kenya, and we will continue to monitor progress in achieving them. Since May, we have come to appreciate the complexity involved in relaunching the Integrated Financial Management Information System (IFMIS) [Commitment 3], and we appreciate the considerable Government action taken to date. But we also wish to reiterate the critical importance of this particular action. Implementing the additional modules needed to establish IFMIS as a control framework must remain a key objective of this partnership, and it will continue to require a strong focus, for years to come. It will also require significant technical assistance, which many of us on the development partner side would be pleased to fund. In addition to the unfinished work on IFMIS, the twelve commitments included two that focused on ensuring the comprehensiveness of the budget, (i) by bringing onto the budget development partner assistance that is currently off-budget (and here the development partners have a clear role to play) [Commitment 1] and also (ii) by bringing onto the 1 budget the finances of budget-dependent entities and local authorities—which we at the World Bank estimate to be about 10% of the budget [Commitment 2]. These remain important actions, as they will help to increase transparency and accountability in public spending, and also provide a basis for a dialogue between the Government and its partners about budgetary allocations and possible future support from the partners. Because this area remains critically important, we welcome the Government’s agreement to include preparing the new Public Financial Management strategy and law as a new commitment going forward. As I said a few moments ago, we as Kenya’s Development Partners will continue to monitor progress in implementing the other five outstanding actions as well. We continue to believe that it is vitally important to Kenya’s future to protect and rehabilitate its water catchment areas [Commitment 6] and to transfer water assets to the Water Service Boards [Commitment 8] so that lease fee payments are no longer a drag on needed investments in the water sector. We are also looking forward to the presentation to parliament of a bill that will establish an independent policy oversight authority [Commitment 10] and to further work on developing a unified governance action plan [Commitment 12]. From our perspective, perhaps the most disappointing performance since May 2010 has involved the National Cereals and Produce Board (NCPB) [Commitment 5]. As Development Partners, we are concerned that there has not yet been sufficient action taken in response to PWC’s December 2009 investigation into NCPB’s implementation of the subsidized maize scheme in 2008-09. You will recall that the PWC report found that the scheme was exploited for financial gain from inception; that millers were not required to account for the maize obtained or to pass on the resulting subsidy to consumers (so that millers captured most of the benefits from the subsidy); and that traders—who were not supposed to access maize under the scheme—acquired a quarter of the stock released and sold that stock to millers for “facilitation payments” (thereby also capturing benefits). We continue to believe that meaningful action to account for past abuses and also to prevent future abuses is absolutely necessary. We continue to await strong Government action to address these issues, which might include (i) separating NCPB’s commercial functions from its social functions and (ii) publishing all NCPB stocks, purchases, and sales, as well as the names and contact details of associated sellers and buyers on the internet on a daily basis, such that NCPB will provide much more transparency about its dealings. I said earlier that we agreed to retire four commitments, and also agreed to introduce a new commitment related to preparing the new Public Financial Management strategy and law. In addition, we welcome the Government’s agreement to adding three other new commitments, focused on (i) implementing the constitution in accordance with the spirit— and the deadlines—included in that document; (ii) preparing a gender-based affirmative action plan; and (iii) disclosing and taking action on the forensic audit that was recently completed in the education sector. We agree with the Government that these actions, together with the eight other items that we continue to monitor, belong at the top of the agenda of the partnership at this point in time, and we look forward to working with the Government to get them achieved in the period until our next meeting, in April or May 2011. 2