REPUBLIC OF KENYA
NATIONAL ASSEMBLY
ELEVENTH PARLIAMENT – THIRD SESSION 2015
THE DEPARTMENTAL COMMITTEE ON DEFENCE AND FOREIGN
RELATIONS
REPORT OF THE FOREIGN OVERSIGHT VISIT TO THE KENYAN EMBASSY
IN MOGADISHU, FEDERAL REPUBLIC OF SOMALIA.
CLERK’S CHAMBERS
DIRECTORATE OF COMMITTEE SERVICES
NATIONAL ASSEMBLY
PARLIAMENT BUILDINGS
NAIROBI
SEPTEMBER 2015
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TABLE OF CONTENTS
ACRONYMS & ABBREVIATIONS .................................................................................................................. 2
INTRODUCTION ............................................................................................................................................ 3
COMMITTEE MEMBERSHIP .......................................................................................................................... 3
PRELIMINARIES ............................................................................................................................................... 4
ACKNOWLEDGEMENT .................................................................................................................................. 6
ADOPTION OF THE REPORT ....................................................................................................................... 7
OVERSIGHT VISIT BY THE DELEGATION OF THE DEPARTMENTAL COMMITTEE ON DEFENCE
AND FOREIGN RELATIONS TO MOGADISHU. ........................................................................................ 8
UPDATE OF THE EMBASSY OF THE REPUBLIC OF KENYA BY AMB. MAJ. GEN. (RTD) LUCAS K.
TUMBO. ........................................................................................................................................................... 8
UPDATE OF SITUATION IN SOMALIA......................................................................................................10
JOINT COMMUNIQUE’ OF THE DEPARTMENTAL COMMITTES OF DEFENCE AND FOREIGN
OF THE KENYA NATIONAL ASSEMBLY AND THE FEDERAL REPUBLIC OF SOMALIA ....................12
COMMITTEE OBSERVATIONS....................................................................................................................13
COMMITTEE RECOMMENDATIONS ........................................................................................................13
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ACRONYMS & ABBREVIATIONS
AMB
-
Ambassador
AMISON
-
AU
-
African Union
CBS
-
Chief of the Burning Spear
EAC
-
East African Community
EGH
-
Elder of the Golden Heart
HSC
-
Head of State Commendation
IGAD
-
Intergovernmental Authority on Development
KDF
-
Kenya Defence Forces
M.P
-
Member of Parliament
MBS
-
Moran of the Burning Spear
MGH
-
Moran of the Golden Heart
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INTRODUCTION
The Departmental Committee on Defence and Foreign Relations is established pursuant to
the provisions of Standing Order No. 216(5) of the Kenya National Assembly and in line
with Article 124 of the Constitution (2010) which provides for the establishment of the
Committees by Parliament. The functions of the Committee are, inter alia make reports and
recommendations to the House as often as possible, including recommendations of
proposed legislation.
The Committee is mandated to consider the following issues; Defence, Intelligence, Foreign
Relations, Diplomatic and Consular Services, International Boundaries, International
Relations, Agreements, Treaties and Conventions.
In executing its mandate, the Committee oversees the operations of the following
Ministries/State Departments and or Service:
I.
Ministry of Defence
II.
Ministry of Foreign Affairs and International Trade
III.
National Intelligence Service
IV.
State Department for East African Affairs in the Ministry of East African
Affairs, Commerce and Tourism
COMMITTEE MEMBERSHIP
The Departmental Committee on Defence and Foreign Relations comprises the following
Members: 1.
Hon. Ndungu Gethenji, M.P.
Chairperson
2.
Hon. Elias Bare Shill, M.P.
Vice-Chairperson
3.
Hon. Jakoyo Midiwo, MGH, M.P.
4.
Hon. Katoo Ole Metito, EGH, MGH, MP
5.
Hon. Adan Keynan, CBS, M.P.
6.
Hon. Chrisantus Wamwalwa, M.P.
7.
Hon. Nyiva Mwendwa, EGH, M.P.
8.
Hon. Elijah Memusi Kanchory, M.P.
9.
Hon. Gonzi Rai, MGH, M.P.
10. Hon. Joel Onyancha, MGH, M.P.
11. Hon. Richard Onyonka, M.P.
12. Hon. Wafula Wamunyinyi, M.P.
13. Hon. Joseph Kiuna, M.P.
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14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
Hon. Joseph Lekuton, M.P.
Hon. Yusuf Hassan, M.P.
Hon. Col (Rtd.) Ali Dido Rasso, MBS, M.P
Hon. John L. Nakara, M.P.
Hon. Roselinda Soipan, M.P.
Hon. Anna N. Gathecha, M.P.
Hon. David Wafula, M.P.
Hon. Elisha Busienei, M.P.
Hon. Abass S. Mohamed, M.P.
Hon. Joyce Wanjalah Lay, M.P.
Hon. Joseph Gitari, M.P
Hon. David Pkosing, M.P.
Hon. Ibrahim Sane, M.P.
Hon. Dennitah Ghati, M.P.
Hon. Beatrice Nyaga, HSC, M.P.
PRELIMINARIES
Honorable Speaker,
A delegation of the Departmental Committee on Defence and Foreign Relations took part
in foreign oversight visit in the Kenyan Embassy in Mogadishu, Federal Republic of Somalia
between the 18th August to 20th August, 2015. The delegation comprised of 10 members of
Parliament from the departmental committee on Defence and Foreign Relations.
The committee thereof during one of its Sitting in August 2015 nominated the following
members to undertake the visit:1.
Hon. Elias Bare Shill, M.P.
Vice-Chairperson
2.
Hon. Richard Onyonka, M.P.
3.
Hon. Wafula Wamunyinyi, M.P.
4.
Hon. Joseph Lekuton, M.P.
5.
Hon. Col (Rtd.) Ali Dido Rasso, MBS, M.P
6.
Hon. John L. Nakara, M.P.
7.
Hon. Elisha Busienei, M.P.
8.
Hon. Abass S. Mohamed, M.P.
9.
Hon. David Pkosing, M.P.
10. Hon. Beatrice Nyaga, HSC, M.P.
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Honorable Speaker,
This visit was in furtherance of the mandate of the committee of oversight of foreign
Missions. The Ministry of Foreign Affairs advised the committee in August that the
committee could undertake the visit. The committee’s main objectives for the visit were to
among other things;
1. Assess the status of the New Kenya Embassy in Mogadishu with a view to
recommending improvements.
2. Inquire into the welfare of Kenyans in the Federal Republic of Somalia
3. Hold discussions with Government officials and other relevant organizations with
a view to exploring opportunities for bilateral, political, economic and cultural
cooperation between Kenya and Somalia.
4. Meet with the counterpart Parliamentary Committee(s) responsible for Defence
and Foreign Relations matters in the Federal Republic of Somalia, with a view to
familiarizing with their mandate, operations as well as share experiences.
Honorable Speaker,
The Committee held a Sitting on the 3rd of August 2015 in the Members Lounge to
consider the proposed oversight visits to Kenyan Foreign Missions with a view of
recommending improvements and or purchase. The committee considered the proposed
destinations and reviewed the lists of delegations taking into considerations the member’s
concerns.
The committee however noted that the Kenya’s Embassy in the Federal Republic of Somalia
was not among the Foreign Missions that were included in the proposed delegations. The
committee was informed that the foreign visit destinations were drawn-up out of the
submissions of the Ministry of Foreign Affairs and International Trade’s presentations on
priority project areas during the 2015/2016 budget estimates.
The committee, therefore resolve to amend the list of oversight visits to foreign missions
abroad and include a visit to Mogadishu which was long overdue.
Honorable Speaker,
During the committee’s Sitting held on the 4th day of August, 2015 in the committee room
2nd floor continental house with regard to purchase of the diplomatic properties abroad
(Chanceries and Ambassadors’ residences) by the Ministry of Foreign Affairs and
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International Trade. The committee concluded the visit to Somalia and thereafter
nominated the following of its members to comprise of the delegation:1. The Hon. Elias Bare Shill, M.P. – Vice Chairperson
2. The Hon. David Pkosing, M.P.
3. The Hon. Beatrice Nyagah, HSC, M.P.
4. The Hon. John LodepeNakara, M.P.
5. The Hon. Elisha Busienei, M.P.
6. The Hon. Col (RTD) Ali Dido Rasso, MBS, M.P.
7. The Hon. Abass Mohammed, M.P.
8. The Hon. Richard Onyonka, M.P.
9. The Hon. Lekuton Joseph, OGW, M.P.
10. The Hon. Wafula Wamunyinyi, M.P.
Honorable Speaker,
The Committee held Sittings during which Members considered the draft report on the visit
to the Federal Republic of Somalia in accordance with the Standing Orders and the
Constitution. The minutes of these Sittings are appended to this report.
I would like to point out that the Committee was in agreement with the general
observations and recommendations of the communiqué that was issued jointly with the
Parliament of the Federal Republic of Somalia. However, the Committee proposed further
recommendations as contained in the Committee report.
ACKNOWLEDGEMENT
In appreciation, the Committee is thankful to the Offices of the Speaker and the Clerk of
the National Assembly for the logistical and technical support accorded to it during its
Sittings. I also wish to express my appreciation to the Honorable Members of the
Committee who made the visit to Mogadishu and represented the committee in the
deliberations and preparations of this report.
I also wish to thank the various stakeholders who have participated in the realization of the
visit, the Federal Republic of Somalia, the Ministry of Foreign Affairs and International
Trade, the Kenyan Embassy in Mogadishu and the AMSOM.
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ADOPTION OF THE REPORT
The Report was adopted unanimously by all Members present. The Committee also
resolved to submit the Report in the House.
It is therefore my pleasant duty and privilege, on behalf of the Departmental Committee on
Defence and Foreign Relations, to table the Report on the committee’s visit to the Federal
Republic of Somalia.
SIGNED…………………………………………………………………………………..
HON. NDUNGU GETHENJI, M.P.
(CHAIRPERSON)
DATE……………
10th September, 2015……………
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OVERSIGHT VISIT BY THE DELEGATION OF THE DEPARTMENTAL
COMMITTEE ON DEFENCE AND FOREIGN RELATIONS TO
MOGADISHU.
Honorable Speaker,
The Delegation of the departmental Committee on Defence and Foreign Relations was
received by Kenyan Ambassador to the Federal Republic of Somalia upon arrival at the
Aden Abdulle International Airport, Mogadishu. The Ambassador together with the
Embassy Staff hosted the delegation for breakfast and thereafter made a presentation of the
prevailing situation in Somalia. The aim of the presentation was to apprise the committee
on the political and security situation in the Federal Republic of Somalia.
With the able escort convoy of the AMISOM, the delegation was facilitated in movement
to Villa Somalia for an interaction with the Defence and Foreign Relations Committees of
the Federal Assembly of Somalia and a Luncheon at the Villa Somalia. The delegation
thereafter made a Courtesy Call to Speaker of the Somali Parliament H.E Prof (Dr)
Mohamed Osman Jawari Villa Hargeysa.
The delegation was also able to pay a courtesy Call to H.E President Hassan Shiekh
Mohamud and the Prime Minister H.E. Omar Abdirashi Ali Sharmarke at the State house
and Villa Somalia Presidential Palace in Mogadishu respectively.
The delegation interacted with the Kenyan Somalia Embassy in Mogadishu and made visits
to visit the proposed Embassy Site at the Sea as facilitated by Amb. Lucas K. Tumbo. The
delegated hosted a Luncheon for Kenya’s working and living in Somalia in different fields
such as the hotel industry the AMISOM and other sectors.
UPDATE OF THE EMBASSY OF THE REPUBLIC OF KENYA BY AMB. MAJ.
GEN. (RTD) LUCAS K. TUMBO.
Honorable Speaker,
After the closure of the Somalia Embassy in Mogadishu in the decades ago, the Embassy was
re-opened in Nairobi. The Embassy of the Republic of Kenya in Mogadishu has recently
relocated to Mogadishu, Somalia between 5 – 15th July 2015. The Embassy in in the
process of settling down and the it is truly committed to meet the expectations of Kenyans.
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The Diplomatic engagements, Visa regime, Jazeera Palace Hotel incident are one of the
major setbacks that has affected the operations of the Kenyan Embassy in Mogadishu.
The Kenyan Embassy in Mogadishu’s vision is a model Diplomatic Mission contributing to
better relations between Kenya and the Federal Republic of Somalia and a prosperous
Kenya whereas its Mission is to promote and enhance political, diplomatic, commercial,
technological, scientific, educational, cultural and sports cooperation between Kenya and
the Federal Republic of Somalia and in the process meet the needs and aspirations of
Kenyans through innovative trade and commercial, diplomatic engagements in line with the
vision 2030.
The Kenyan Embassy strategic objectives include advancing and protecting Kenya’s interests
in the Federal Republic of Somalia; preserving Kenya’s border integrity; enhancing
cooperation with the Federal Republic of Somalia regarding peace and stability within the
region; promoting and protect Kenya’s economic and trade interests; promoting and secure
the Kenyan tourism sector; promoting the presence and visibility of Kenya in the Federal
Republic of Somalia and enhancing diaspora engagement and Consular services.
Honorable Speaker,
Kenya’s Strategic interests in Somalia includes political Stability; Diplomatic Engagement;
Security and Engaging the Administration; Economic Infrastructure; Repatriation and
Resettlement of Somali Refugees.
The Embassy’s plan and activities includes: Lower the diplomatic tension and strengthen the
relationship between the two countries and most importantly streamline the visa regime
and handling of officials.
Kenya’s embassy is in wide consultations with the Ministry of Foreign Affairs and ither
Multilateral organizations such as the IGAD, and EAC to importantly streamline the Visa
regime and to resolve the issue of flying from Mogadishu through the routing in Wajir.
The Embassy is also engaging the Diaspora population distributed in Somalia as follows:- 700 Kenyans in Mogadishu-Banadir.
- 200 Kenyans in Kismayo – Jubaland .
- 500 Kenyans in Hargeysa- Somaliland.
The Kenyan embassy is also engaging with various stakeholder to capitalize on the
opportunities such as capacitation; trade and commerce; Training and possible introduction
of the national carrier.
The Kenyan Embassy is facing major Political challenge of state formation and peace
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building; weak Command and Control administrative units; Un-securitized spaces; and Clan
factors.
Other challenges include economic, accountability, donor fatigue, communication; access to
the public Diaspora; Diplomatic tension due to misrepresentation.
UPDATE OF SITUATION IN SOMALIA
Honorable Speaker,
The delegation was informed that the Political and Security situation in Somalia is fluid and
unpredictable because of the formation of States and peace building. The three that are
already formed are (Juba Land, Somali Land and Punt Land). The other two that are to go
are (Hiraan and Middle Shabelle). The elections of 2016 of one man, one vote in
August/September 2016 may bring a paradigm shift of the political situation in Federal
republic of Somalia.
The past liberation of Mogadishu, Kismayo, Barawe, Marka and Baidoa; The current
liberation of Bardhere and Dinsoor; The threats posed by Improvised Explosive Devices
(IEDs), Log and Ops Convoys along MSRs, Log and Ops convoys within Mogadishu, VIP
convoys VS and other key Govt installations, Along MSRs and usually combined with
RCIEDs, Assassinations Government Officials over 71 since Jan 2014, Journalists-16 since
2014; Grenade Hurling; Static police posts, check points and markets.
Honorable Speaker,
The reconciliation efforts
Since independence up to the collapse of Somalia, Kenya maintained a lukewarm arm’s
length relations due to Somalia’s expansionist policies and cold war differences. However, it
is Kenya’s interventions that provided the current lasting framework for the resolution of
the Somalia conflict (Eldoret and Mbagathi).
The entry of KDF tilted the war against Al shabaab and the onset of its progressive defeat as
Somalia edges towards post conflict recovery, Kenya could make significant contribution by
remaining fully seized on Somali situation and tapping opportunities.
Hon. Speaker,
Prevailing situation
The political situation remains promising but precarious. The government is still weak with
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limited authority in liberated regions. Although there is good working relationship between
the President, Prime Minister and Parliament, the upcoming elections in 2016 could
complicate things.
Honorable Speaker,
The enactment of a new federal constitution and electoral laws as a precondition for 2016
national elections, has been slow and could threaten the entire process. Federal State
formation is in progress. However, the proliferation of clan based federal enclaves could
undermine the spirit of federalism as well as security. The Al Shabaab is on the verge of
total defeat through sustained AMISOM offensives (Operation Indian ocean ); Killing of AS
leadership - Ahmed Godame and others, Defections, Loss of sources of income and major
towns (Kismayu, Barawe, Marka, Jawhar, Bur Buto etc).
The security situation remains volatile as Al Shabaab goes further underground to wage
asymmetrical warfare and unleashing terror in Somalia and the region. A well-resourced,
integrated and comprehensive New Deal Somali Compact strategy focusing on Somalia’s
Peace-building and State-building Goals (PSGs) has been kicked off to spearhead and
mobilize resources for stabilization of the country.
Key state functions of the Somali compact are• delivery of security and justice;
• revenue and expenditure management
• basic service delivery;
• economic management
There is a huge inflow of capital investment in the country. The ripple effect in job creation
for the idle youth who have been the main source of recruitment for Al Shabaab and other
armed groups. The UN under UNSOM has increased its presence in readiness for possible
take over from the AMISOM after the 2016 elections.
In September 2012 a new parliament was elected by a Constituent Assembly. A new
President, Speaker and Prime Minster were also chosen. A new Provisional Constitution was
also passed, which stated that Somalia would become a federation. The constitution
remains provisional pending a more inclusive national dialogue, and the national elections
planned for 2016.
Honorable Speaker,
Implications on Kenya
The imminent defeat of Al Shaabab is good news to Kenya and the region and good payoff for the political and military interventions. A weak post-conflict Somali Government
and weak Somali Defence Forces will not be able to eliminate existing terror cells that
threaten our security. The continued hosting of Somali refugees in Kenya has not only been
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a security threat but a national burden in many ways.
Lack of post-conflict political accommodation of the defeated AS members may push them
underground and continue to pose a security risk to Kenya and the region. Spillover of clan
conflict in Somalia into Kenya (Garre, Degodia etc). The maritime territorial boundary
dispute has the potential for future conflict between Kenya and post conflict Somalia if not
resolved will result in a negative impact on our economy in areas of Tourism, Investor
confidence and Maritime trade whereas a stable Somalia has many opportunities.
JOINT COMMUNIQUE’ OF THE DEPARTMENTAL COMMITTES OF
DEFENCE AND FOREIGN OF THE KENYA NATIONAL ASSEMBLY AND THE
FEDERAL REPUBLIC OF SOMALIA
Honorable Speaker,
During the visit in Mogadishu, the committee made the following joint communique with
the counterpart committee in the federal republic of Somalia.
 In order to streamline travel processes, the Kenyan Parliamentary committee will
recommend review of the existing procedures between Mogadishu and Nairobi
including the issue of travelling via Wajir.
 Kenyan parliamentary committee will engage the relevant authorities with regard
to initiating direct flights from Nairobi by national carrier and also on potential
investment opportunities in both countries.
 Kenyan Parliamentary committee recommends close cooperation between the
two countries to ensure success in the fight against terrorism activities is achieved.
 Make reports and recommendations to the Kenyan National Assembly with
regard to treatment accorded to Somalia dignitaries, leaders, Citizens and their
families while in Kenya.
 Kenyan Parliament will recommend appropriation of funds to assist the rebuilding of Somalia in the areas of governance, civil service, electoral and judicial
reforms with the Somalia government to mutually benefit both our nations.
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
In order to assist in confidence building in Somalia, Kenyan parliament will
endeavor to undertake diplomatic support to encourage regional and
international organizations, financial institutions to support and establish their
presence and hold regional meetings in Somalia.
COMMITTEE OBSERVATIONS
Honorable Speaker,
1. Kenya has played a pivotal role in reconstruction of regional countries in Eastern
Africa and especially the Federal Republic of Somalia. However, Kenya has been
unable to carry on with the reconstruction due to prioritizing of Kenya’s interests.
2. Kenya should view the intense relations with the federal republic of Somalia in the
context of the practical benefit to her National security and interests; Kenya to
establish a technical fund to help in conveying Kenya’s presence in Somalia in areas
of Health, Education, Food Security and support Somalia’s capacity to implement
institutional reforms.
3. Taking cognizance of the key role Kenya has played in the process leading up to the
setting up of the Federal Republic of Somalia, many countries and the UN are
surprised at the slow pace of Kenya’s involvement in complete rebuilding of
Somalia. Failure carry on with complete rebuilding of Somalia raises issues regarding
Kenya’s political commitment to bilateralism.
4. The Peace and stability in Somalia is pegged on the effectiveness of the national
electoral commission; Judicial service commission; Boundaries commission; The
successful review of the constitution; The outcome of the current consultative
electoral process and Donor support.
COMMITTEE RECOMMENDATIONS
Honorable Speaker,
1. Somalia and Kenya will remain neighbours until the end of times. Therefore Stability
of Somalia is in our best interest. We should seek policies that promote good benefits
for our peoples. It is imperative that Kenya expedites the process of reconstruction
of the Federal Republic of Somalia, in view of the growing threats to Kenya’s
national security posed by the proliferation of intense radicalization and the Alshabab linked terrorist.
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2. The executive to form an inter-ministerial standing committee comprising of the
Ministries of Foreign Affairs and International Trade, Defence and Internal Security
and National Coordination to take note and speed up the propagation of Kenya’s
interests in Somalia. This standing committee should focus on close cooperation,
collaboration and engagement in all aspects of diplomatic, security, intelligence
sharing, trade and socio-economic spheres as well as political and reporting.
3. Like it did in the Eldoret and Mbagathi initiatives that led to the current peace
process, Kenya should re-claim the lead role and remain seized on Somalia especially
in strengthening border surveillance and assisting Somalia to rebuild its institutions as
well as monitor and deal with spoilers based in Kenya and particularly Nairobi’s
Eastleigh estate.
4. A paradigm shift in our international relation is desirable which explicitly spells out
our national strategic interest on Somalia and especially in seeking international
support for the repatriation of refugees
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