National Council of Churches of Kenya

Kenyans, Let Us Reconstruct Our Country

Preamble
The Programme Committee of the National Council of Churches of Kenya has met here at Jumuia Conference and Country Home, Limuru, from 4th – 6th August 2009 to consider the status of the nation.

In this meeting, we have reflected on the uncertainty that has engulfed our nation for the last two years and the growing sense of despair among the people. Of great concern to Kenyans at the moment is the slow pace of reforms necessary to ensure the nation does not go through another spate of violence and destruction. Kenyans are suffering from effects of climatic change manifested through recurrent and prolonged drought, famine and hunger, scarcity of water and power rationing. The economic slide from last year’s post election violence in light of the global economic meltdown is yet to reversed and Kenyans are afflicted by the biting poverty which has been on the rise. A most disturbing problem is our selfish and indecisive leadership that has failed to nurture the confidence needed for Kenyans to pursue development and wealth creation.

Despite these anxieties and concerns, we urge Kenyans to take comfort in the words written in 2 Corinthians 4: 8 – “We are hard pressed on every side, but not crushed; perplexed, but not in despair; persecuted, but not abandoned; struck down, but not destroyed.” God holds hope for Kenya that we shall yet rise from the socio-political ashes perpetrated by our current political class to be a nation of dignity and prosperity.

1. Reiteration
This Programme Committee meeting affirms and reiterates the statement issued on 31st July 2009 in response to the shameful cabinet decision to do nothing but instead shield the perpetrators of the post election violence of 2008 and those who bear the greatest responsibility for crimes against humanity.

In addition, we wish to share the following message with the people of Kenya.

2. Truth, Justice and Reconciliation Commission
Over the years, the Council has consistently called for the formation of a Truth and Reconciliation Commission to enable Kenyans deal with and resolve the historical grievances that have imprisoned our society and thus help Kenya open a new chapter. We therefore welcomed the creation of a Truth, Justice and Reconciliation Commission by the national dialogue process, the enactment of the TJRC Act and the appointment of the members of the TJRC.

In this light, we view the decision by the executive arm of government to interfere with the process of TJRC already began by; One, expanding its mandate to process and dispense justice in relation to the Post Election Violence, and, Two, revisiting its composition in order to tribalise it and subject it to ethnic considerations, as a statement that the TJRC will not be allowed to do its work independently.

We as NCCK therefore consider the TJRC a projected by the Executive compromised, impotent and a waste of public resources and time. We shall neither recognize its work nor engage with it when it commences its proceedings unless the cabinet reverses its decision and either refers the matter to the International Criminal Court at the Hague or establishes a credible and effective local tribunal.

3. Dispensation of Justice in Kenya
The decision by the cabinet on 30th July 2009 is the strongest official admission by the government that the institutions responsible for dispensation of justice are not functional.

It appears baffling for the cabinet to predicate the realization of justice over crimes already committed and whose evidence is being systematically destroyed to reform processes yet to be undertaken. This can only mean the cabinet has trivialized the Post Election Violence crimes and intends to do nothing about them.

4. Constitution Review Process
In our statement of 2nd July 2009, we encouraged all people to actively engage during the consultations called by the Committee of Experts on constitution review. We are glad to note that in the last one month, there was animated debate during the public presentation of memoranda.

On our part, we have met with and held consultations with the Committee of Experts and received from them explanations on the dynamics and processes as well as challenges they continue to face in their work. A major hurdle on the road to a new constitution remains the political leaders who are keen to manipulate the review process and the draft therefrom. We urge all Kenyans to continue engaging the Committee of Experts and to monitor the process with diligence to ensure that the draft that is finally given will truly reflect their aspirations and not just the political deals of the politicians.

In addition, we challenge the Committee of Experts to provide space for meaningful consultations by stakeholders and facilitate genuine consensus building over all the contentious issues as expressed by Kenyans through their public hearings.

Currently, indications across the country are that failure to get a new constitution this time will result in a political breakdown and outbreak of violence worse than what we experienced in 2008. It is thus the onus of the Committee of Experts to consult widely and build consensus on the provisions of the new draft and remove any legitimate ground for any constituency or interest to reject the draft that they finally produce.

In the same vein, we urge the political leaders to engage like other Kenyans and desist from hijacking or undermining the process of producing a new constitution at this stage or any other.

5. Registration of Voters
Whereas the constitution review process is predicated on a referendum being held by the end of the year, there are no indications that the Interim Independent Electoral Commission has put measures in place for registration of voters. This registration needs to be fast tracked to remove the cloud of uncertainty hanging over Kenyans that they can’t hold elections or a referendum for lack of a voters register.

6. The Environment
Today, Kenyans are reeling from the effects of environmental degradation that has occurred over the last few decades. These effects are being manifested through drought and famine, hunger and malnutrition and scarcity. Economically, the cost of living has sky rocketed as power, water and transport bills rise exponentially. As if that was not enough, many businesses will be rendered useless as power rationing is effected.

We are incensed that the greatest responsibility for this outcome is borne by the politicians and political appointees who, because of greed built on a culture of impunity, deliberately continue to destroy our country’s environment by allocating themselves and their cronies land in our water towers. We are today reaping the fruits of the poisonous seeds of greed and imprudence they sowed in the past. It is greatly annoying to find that the same people are now politicizing the issues of environmental degradation and restoration.

The only action that Kenyans will appreciate is the definitive punishment of the people responsible for excision of forests and pollution of water masses.

In the meantime, we call upon all Kenyans to actively engage in environmental restoration efforts including tree planting. We encourage all to adopt the proposal to make tree planting part of religious and social activities.

In light of the warnings by weather experts that the El Nino phenomenon is expected, we challenge the government to develop initiatives to ensure that the extra rain will be taken advantage of by the people, rather than being a scourge that destroys lives and property.

7. Mau Forest Evictions
We take note that Kenya has five water towers. These are: Mau Forest, Aberdares, Mt Kenya, Cherangani Hills and Mt Elgon. All these water towers have been extensively affected by human settlement, whether legal or illegal. The government must protect these water towers. Further, we challenge the government to put in place a comprehensive policy for the protection of the water towers and other wetlands and implement it. Such will facilitate an equitable and comprehensive restorative action across the country, rather than dealing with the issue on an adhoc basis.

Instead of pursuing political deals over whether culprits should be compensated or not, we urge that an objective policy that is sensitive to the humanitarian crisis precipitated by evictions and which is cross cutting and sustainable be established and implemented urgently. The policy should clearly define how people are removed from water towers to ensure that the process is sensitive and humane.

Further, removal of people from forests, which is not negotiable, is not enough. It must be accompanied by a nationwide environmental restoration campaign that at the barest minimum should seek to increase our forest cover to 10% of total land space. On our part, we as NCCK have committed to a one-million trees per year initiative and call upon Kenyans to support us by planting trees on their land. Towards this, we also urge that people consult forest officers at the local level to identify the environmentally friendly trees to plant. In addition, the forest services department should lead the way by ensuring that there are relevant seedlings available at the local levels through establishment of tree nurseries.

8. Internally Displaced Persons

We in NCCK are concerned that the government has neglected and indeed been quite unfair to the Internally Displaced Persons. One and a half years after the Post Election Violence, the people continue to suffer and their lives remain in shambles. We especially note:

The government should deliberately reverse this betrayal of the people and compensate and resettle the IDPs immediately.

9. Harmony in the Reform Processes
We regret that the government seems hell-bent on creating confusion in the country that is hindering national cohesion. Some recent occurrences attest to this:

One, despite appointing a Committee of Experts to spearhead review of the constitution, the government went ahead to appoint committees on reform of the police force and the judiciary

Two, despite appointing a Committee to review the salaries and benefits of Members of Parliament and employees of the National Assembly, the Attorney General tabled a motion in Parliament to review his salary and that of the Chief Justice as well as that of the MPs

Three, despite appointing a Boundaries Review Commission, the President and Prime Minister have gone ahead to review administrative boundaries without any seeming consultations or scientific considerations

Such actions will only undermine the formal processes established and pollute the social environment and adoption of the recommendations from the official organs. We therefore urge His Excellency the President and Right Honourable the Prime Minister to desist from further interference with the reform processes.

10. Conclusion

We thank God that Kenyans are a resilient people who have faced many challenges yet remain strong, peaceful and steadfast in the face of incessant provocation by the political leadership. This is what gives us hope that we shall overcome the present challenges and be redeemed.

We shall continue to pray for this nation that God will fulfill the promise given in Isaiah 49: 8 to restore our land so that people will have enough to eat and pasture for their animals.

May we dwell in unity, peace and liberty, and plenty be found within our borders.

Signed on this 6th day of August 2009 at Jumuia Conference and Country Home, Limuru.

Moderator Geoffrey Songok
Chairman, Programme Committee

Rev Canon Peter Karanja
General Secretary