BILATERAL RELATIONS
Relations between Kenya and Italy date back to independence obtained in 1963 and are traditionally imprinted in friendship and collaboration in a broad range of sectors: from political dialogue to development cooperation to a more and more intense trade relations. The leap in quality in bilateral relations took place at the beginning of the 80s when the first bilateral agreements in development cooperation were signed.
Italy is considered a reliable partner by the Kenyan authorities because of the more and more dedicated commitment on the part of the Italian government in the economic and social development of the Kenyan population and the support in the democratic consolidation of local institutions. On subjects of foreign regional policy there is consolidated cooperation that is the fruit of a shared vision on the nature of issues that affect the area. This cooperation manifests itself also in the context of the IGAD Partners’ Forum of which Italy is the Chairman.
Another important element of the bilateral relations is the presence of the Italian Space Agency in Kenya, which is entrusted, on the basis of an inter-governmental agreement, with the management of the satellite control station located in the Ras Ngomeni Peninsula in Malindi District. The project that gave life to the station, called “San Marco”, dates back to 1964 when it was conceived and launched by the Engineer of the Italian Air Force, Luigi Broglio.
POLITICAL NEWS
Within the framework of EU Cooperation Italy supports the efforts of the Kenyan government in the reform of the institutional system according to the Constitution promulgated on the 28th of August 2010. The reform of the political representation system, the new planning of the local bodies, the innovation in the judicial sector and a new organization of the police force are among the most important chapters in this renewal operation.
In accordance with the Donor Community, Italy pursues constant dialogue with the Kenyan government on themes such as the reinforcement of democratic institutions and the respect of human rights, security and the fight against crime.
Italy is also committed to supporting the economic and social growth experienced by Kenya in recent years through the intensification of trade relations, the transfer of technology and industrial expertise and the traditional assistance of development cooperation, concentrated especially in the rural areas of the country with projects in the irrigation and health sectors.
THE POLITICO-INSTITUTIONAL SYSTEM OF KENYA
Kenya is a Presidential Republic that has been independent since December 1963. On the 27th of August the new Constitution, which replaced the one adopted with the Declaration of Independence, was approved. While waiting for the next general elections a transitory system, regulated by the special regulations of the new constitution and which acknowledged the provisions of the National Reconciliation Accord signed on the 28th of February 2008, is in force. A pure presidential system, based on a state organization that will give ample space to local autonomy, will replace the current system that provides for the coexistence of a Prime Minister and President.
The elected President will have to obtain an absolute majority at the national level plus 25% in at least a half of the 47 new Counties into which the Constitution divides the national territory. A Senate will also be instituted in Parliament, representative of the local autonomous authorities. It will have 47 members representing the Counties, 16 members designated by the political parties based on their representative ratios, 2 representatives of the youth and two members representing the disabled.
Another major novelty introduced by the Constitution is the reform of land ownership. In this regard, a national land commission, independent from the government, will be instituted, tasked to investigate historical injustices in the distribution of state land. The Constitution further limits the maximum extent of privately-owned land and abolishes unlimited ownership for foreigners, transforming it into ownership limited to 99 years (in the lease formula derived from Anglo-Saxon law).
Other major novelties of the new Constitution regard the transfer of some powers and jurisdictions from the Central Government to the Counties, the introduction of a Bill of Rights, the introduction of a Supreme Court with the functions of a judiciary organ of last resort doubling up as a constitutional court and lastly the abolition of the position of Prime Minister.
The Parliament is called upon to approve the legislation to implement the constitutional provisions necessary for conducting the first general elections under the new system: the electoral law, the institution of the Electoral Commission, the creation of the Counties and the new constituencies and transfer of powers to the local level.
VISITS BY ITALIAN GOVERNMENT AUTHORITIES TO KENYA
During a visit in the region from the 9th to the 12th of July 2011, the Under-Secretary for Foreign Affairs, Senator Alfredo Mantica, met the Kenyan Vice-President, Kalonzo Musyoka and Prof. George Saitoti in his capacity as Acting Minister for Foreign Affairs in Nairobi. Senator Mantica had previously visited Nairobi on the 31st 2010 when he met the Minister for Internal Security, George Saitoti, to discuss the latest developments of the Somalia crisis.
From the 30th of January to the 1st of February 2010 the Deputy Minister for Economic Development, Adolfo Urso’s mission to Kenya was carried out, during which two agreements were signed with the Kenyan government: one with the Minister for Trade, Amos Kimunya; the other with the Minister for Tourism, Najib Balala. The visit allowed a stock-taking of the state of Italian investments in Kenya and an evaluation of the existence of new opportunities to strengthen Italian economic presence.
On the 14th of January 2010 the Minister for Foreign Affairs, Hon. Franco Frattini, paid the first visit to Kenya by a Minister for Foreign Affairs for over two decades. During the visit Minister Frattini held discussions with President Kibaki, Prime Minister Raila Odinga and the Minister for Foreign Affairs, Moses Wetangula.
In 2009, Hon. Boniver had two missions to Kenya in his capacity as Special Envoy of the Minister for Foreign Affairs for Humanitarian Emergencies and Vulnerable Situations. The first mission took place from the 7th to the 9th of January and the second from the 1st to the 3rd of May 2009.
VISITS BY KENYAN GOVERNMENT AUTHORITIES TO ITALY
On the 30th of November 2010 meetings were held at Farnesina (Office of the Ministry of Foreign Affairs) between Kenya’s Minister for Agriculture, Sally Kosgei, and Italian players in the Agro-industrial sector.
From the 9th to the 11th of November 2010 the Library Committee of the Kenyan Parliament carried out a mission to Italy at the Lower Chamber of the Italian Parliament, led by the Deputy Speaker, Farah Maalim.
On the 5th of October 2010 the Head of State, assisted by the Under-Secretary Craxi, received the presentation of credentials of the new Ambassador of Kenya in Rome, Josephine Wangari Gaita.
From the 12th to the 15th of September 2010 a visit by the Minister for Internal Security, George Saitoti, took place, in which he held institutional meetings with the Minister for Internal Affairs Maroni, and at the Ministry for Infrastructure and Transport. In October 2010 a draft agreement on the matter of security and police cooperation prepared by the Minister for Internal Affairs, was sent to Kenya.
On the 23rd of August 2009 the Minister for Foreign Affairs, Hon. Frattini, met Prime Minister Odinga on the occasion of the Rimini Meeting on Conflicts in Africa.
On the 13th of July 2009 the official visit of the Vice-President of Kenya, Kalonzo Musyoka, took place.
On the 4th of February 2009, on the sidelines of the conference on the reform of the Security Council hosted in Rome, a meeting between Minister Frattini and the Kenyan Minister for Foreign Affairs, Moses Wetangula.
On the 26th of June 2009, on the occasion of the conference “Italy and Africa Partners in Business”, held in Rome, the Kenyan Minister for Trade, Amos Kimunya, and the Deputy Minister for Economic Development, Adolfo Urso, held a bilateral meeting.
AGREEMENTS IN FORCE
Agreements before independence, signed with Great Britain and which Kenya took over:
- Italo-British Agreement for reciprocal extradition of criminals (1873);
- Italo-British Agreement for judicial assistance with regard to civil and commercial matters (1930);
Agreements after Independence:
- Exchange of Notes relating to the Confirmation of the Italo-British Agreement for Reciprocal Extradition (1967);
- Financial Cooperation Agreement (1983);
- Economic, Technical and Development Cooperation Agreement (1985);
- Agreement regarding the Satellite Launch and Control Base, San Marco, in Malindi, Kenya (1994);
- Agreement on the promotion and protection of investments with protocol (1996);
- Agreement on Debt Restructuring (Paris Club Meeting of the 15th of January 1996);
- Agreement in the Cultural Sector (October 2006);
- Agreement for the conversion of debt deriving from aid credit (October 2006);
- Political Agreement for the San Marco Base in Malindi (October 2006);
- Bilateral Agreement for the Concession of Aid Credit (July 2010).