GIVE KENYANS PEOPLE DRIVEN REFORMS
April 30, 2024
GIVE KENYANS PEOPLE DRIVEN REFORMS
COMMUNIQUE OF THE 4TH NATIONAL DIALOGUE CONFERENCE
Woe to those who make unjust laws, to those who issue oppressive decrees, to deprive the poor of their rights and withhold justice from the oppressed of my people (Isaiah 10: 1 – 2)
Any man whom Allah has given the authority of ruling some people and he does not look after them in an honest manner, will never feel even the smell of Paradise (Hadith)
PREAMBLE
Religious Leaders drawn from the National Council of Churches of Kenya, the Kenya Conference of Catholic Bishops, and the Supreme Council of Kenya Muslims, have convened the 4th National Dialogue Conference here at Ufungamano House over the last two days.
The goal of the 4th National Dialogue Conference was to review the report presented to Parliament by the National Dialogue Committee (NADCO) as well as the attendant Parliamentary Bills. The delegates from across the country were inspired by the words of the National Anthem:
O God of all creation, Bless this our land and nation, Justice be our shield and defender; May we dwell in unity, Peace and Liberty, Plenty be found within our borders
This prayer is in tandem with the assertion in the Preamble of the Constitution of Kenya 2010 which states:
RECOGNIZING the aspiration of all Kenyans for a government based on the essential values of human rights, equality, freedom, democracy, social justice and the rule of law…
1. Mourning the Devastation of Floods
The delegates in this National Dialogue Conference are deeply saddened by the deaths of more than 200 Kenyans occasioned by the ongoing rains and floods. The lives of hundreds of thousands of Kenyans have been destroyed. We mourn with all the bereaved. We continue to pray for all the affected families for quick recovery. Our places of worship across the country are open at all times to house and support to all who have been displaced. We are also mobilizing worshippers in our congregations to collect relief materials to share with the affected families.
2. End the Doctors’ Strike
Also deeply saddening all Kenyans are the deaths and massive suffering arising from the ongoing strike by doctors and other medical workers. We call upon the national and county governments, as well as the medical workers, to engage in genuine and meaningful dialogue to bring the suffering of Kenyans to an end. It is painful for Kenyans to watch their loved ones die from easily treatable conditions.
We restate that the religious leaders are ready and willing to mediate in the dialogue process.
3. Urgently Constitute the IEBC
As provided for in the Constitution of Kenya, the Independent Electoral and Boundaries Commission (IEBC) is the only body mandated to manage elections. The Constitution does not anticipate a situation where the country is without a capacity to constitute its democratic organs. It is therefore a strong breach of the Constitution that Kenya has now gone for 16 months without a properly constituted Commission.
Already, there are two constituencies, Banissa and Lagdera, and four wards, Nyamaiwa, Kisa East, Lakezone, and Chewena, that are without Members of National Assembly and Members of County Assembly respectively. On its part, Kisii County is without a Deputy Governor since there is no Commission to gazette the new appointment. This is a breach of the constitutional rights of these Kenyan citizens. In addition, the country is in a state of a constitutional crisis following the breach of the deadline for delimitation of boundaries.
We call upon His Excellency President William Ruto and all concerned stakeholders to speedily conclude the recruitment of IEBC Commissioners. It would be prudent to separate this process from other political discourse due to the magnitude of the risk that the lack of an IEBC portends to the nation.
4. Make the Reform Process People Driven
In the wake of the political tussle for realignments and positioning in the post 2022 elections period, the country went through a period of destructive mass action and massive of lives due to police brutality. To end the strife, the leading political coalitions created a bipartisan team referred to as the National Dialogue Committee (NADCO). The NADCO thereafter had some sessions to receive memoranda from Kenyans, leading to the development of a report that recommends wide-ranging, far reaching, and heavily disruptive reforms.
By its nature, therefore, NADCO is an elitist process that did not address the issues of concern of the people of Kenya. While ostensibly set up to address the challenges surrounding the 2022 General Elections, the recommendations in the report by NADCO are bound to make the journey to the 2027 elections worse than the past cycles.
We thus strongly urge the Speakers of the National Assembly and the Senate to make the reform process put in motion by the NADCO people driven. This will be achieved by:
One, publish the NADCO report in a way accessible to all Kenyans so they understand what is being said about their future
Two, have the joint Justice and Legal Affairs Committee visit all the counties to receive feedback from the citizens, and then use that feedback to review the report and proposed legal and policy reforms
Three, ensure comprehensive nation-wide public engagement on the Bills of Parliament that are being tabled
5. Involve Kenyans in Constitution Review Discussions
The report by the National Dialogue Committee (NADCO) has recommended 33 amendments to the Constitution of Kenya 2010. Comparatively, the Constitution of Kenya was amended 39 times in the period between 1963 and 2010. The proposed amendment of the Constitution, which has been formulated as the Constitution of Kenya (Amendment) Bill 2023, is a major engagement that goes beyond the mandate of Parliamentarians alone.
Such a process requires a Constituent Assembly whose outcome is thereafter subjected to a referendum. We call upon Parliament to put in place the legal framework of this process to be people driven.
6. Call to Kenyans to Engage in the Reform Process
Different surveys have shown that less than 30 per cent of the citizens of Kenya have read or are familiar with the NADCO report or the Bills that are amending elections related laws.
We call upon all our fellow citizens to actively engage in the ongoing reforms process. Do not leave the shaping of your future in the hands of the politicians who are primarily driven by their selfish interests.
Take time to read the reports and Bills and attend public participation forums.
On our part, we have committed to use our platforms to educate Kenyans on the reform process.
7. Take the Two Thirds Gender Rule Seriously
Recognizably, the Constitution of Kenya 2010 enshrined the principle of inclusivity, and requires that no gender should occupy more than two thirds of positions in any elective or appointive organ. The persistent failure to implement this provision is not only a denial of the rights of women and men, but also a breach of the Constitution. It is worryingly notable that NADCO did not include the attainment of two thirds gender rule in the Bills they have published.
We call upon Parliament to fast track the implementation of the report of the Multi Sectoral Working Group. Let this matter be brought to its logical conclusion.
Further, we challenge Parliament to put in place a framework for attainment of the constitutional provisions safeguarding the inclusion of the youth and persons with disabilities in governance and decision making organs.
Conclusion
We conclude by calling upon Kenyans to arise and stand up for People Driven Reforms. We must resist elitist-driven reforms that only address the interests of the political elite. Let us always stand for justice, unity, democracy and liberty of all.
Let us continually commit to prayer we make through our National Anthem:
Amkeni ndugu zetu, Tufanye sote bidii, Nasi tujitoe kwa nguvu
Nchi yetu ya Kenya, Tunayoipenda, Tuwe Tayari Kuilinda
Signed on this 30th day of April 2024 at Ufungamano House, Nairobi
Rt Rev Simon Peter Kamomoe
Chairman, KCCB – CJPD
Rev Canon Chris Kinyanjui
General Secretary, NCCK
Abdullahi Salat
Secretary General, SUPKEM
