Desmond Tutu and Other International Justice Figures Call on Ambassador Bethuel Kiplagat Kenyan Tjrc Chair to Step Down

DESMOND TUTU AND OTHER INTERNATIONAL JUSTICE FIGURES CALL ON AMBASSADOR BETHUEL KIPLAGAT KENYAN TJRC CHAIR TO STEP DOWN

24.02.2010

We, former chairpersons and commissioners of truth commissions from around the world, respectfully call upon Ambassador Bethuel Kiplagat, Chairperson of the Truth Justice & Reconciliation Commission’s (TJRC) to step down from his positions as Chairperson and Commissioner.

We are deeply troubled by serious allegations of bias and misconduct that have been made against Chairperson Kiplagat. The allegations about his role in the former Moi government have generated a widely held perception that he labours under an unavoidable conflict of interest and that he is unable to bring an impartial mind to bear on his important duties as TJRC Chairperson. We are advised that in previous years, a statutory Commission of Inquiry as well as a Parliamentary Committee of Inquiry have made disturbing findings against Ambassador Kiplagat on matters that fall squarely within the TJRC’s mandate. The Report of the Commission of Inquiry into Illegal and Irregular Allocation of Public Land (released in 2004) makes references to instances of the illegal acquisition of public land on the part of Ambassador Kiplagat. The Report of the Parliamentary Committee of Inquiry into the Murder of Dr. Robert Ouko includes a report from an investigation team which concluded that Ambassador Kiplagat was untruthful in his submissions.

While Ambassador Kiplagat has disputed the references to him in these reports, they nonetheless have a direct and serious impact on public perceptions in relation to his fitness to hold high office in the Commission. All truth commissioners must be seen to be upholding the highest standards of ethics and integrity. They need to be seen to be scrupulously independent and objective. We are constrained to point out that Ambassador Kiplagat does not meet these essential standards.

We note that truth commissions must enjoy the confidence of the public to succeed. Since objective grounds of a reasonable apprehension of bias on the part of Ambassador Kiplagat exist in the minds of the public, he is duty bound to resign for the greater good of the commission and country. We believe that if the current state of affairs is not addressed the TJRC will not be able to deliver truth, justice and accountability for past injustices and gross human rights violations.

For these reasons we call upon Ambassador Kiplagat to immediately step down so that the TJRC may proceed with its critical tasks of promoting justice and combating impunity in Kenya.

Statement endorsed by:

Archbishop Desmond Mpilo Tutu • Former Chairperson of the South African Truth & Reconciliation Commission • Former Anglican Archbishop of Cape Town • Former General Secretary of the South African Council of Churches • Recipient of the Nobel Peace Prize

Bishop Joseph Christian Humper • Former Chairperson of the Truth & Reconciliation Commission for Sierra Leone • Bishop of the United Methodist Church, Sierra Leone • Member of the General Board of Global Ministries, The United Methodist Church • Recipient of the Distinguished Peacemaker Award – Africa

Salomon Lerner Febres • Former Chairperson of the Peruvian Truth and Reconciliation Commission • Former President of the Pontifical Catholic University of Peru • Current President of the Institute for Democracy and Human Rights at the Catholic University, Lima

Alexander Lionel Boraine • Chairperson of the Mauritian Truth & Reconciliation Commission • Former Deputy-Chairperson of the South African Truth and Reconciliation Commission • Chairperson of the Board of the International Centre for Transitional Justice • Former member of the South African Parliament • Former President of the Methodist Church of Southern Africa • Global Visiting Professor of Law at the New York University School of Law

Advocate Dumisa Ntsebeza SC • Former Commissioner of the South African Truth and Reconciliation Commission • Member of the South African Judicial Services Commission • Acting Judge of the Cape High Court • Member of the International Commission of Inquiry on Darfur • National Chairperson of Advocates for Transformation (South Africa)

Yasmin Sooka • Former Commissioner of the South African Truth and Reconciliation Commission • Former Commissioner of the Truth and Reconciliation Commission for Sierra Leone • Former Acting Judge of the High Court of South Africa • Director of the Foundation for Human Rights

Reverend Bongani Blessing Finca • Former Commissioner of the South African Truth and Reconciliation Commission • Provincial Electoral Officer for the Eastern Cape Province, South Africa

Mary Burton • Former Commissioner of the South African Truth and Reconciliation Commission • Former President of the Black Sash • Deputy Chairperson of the Council of the University of Cape Town • Recipient of National Order of Luthuli Award

Dr Fazel Randera • Former Commissioner of the South African Truth and Reconciliation Commission • Former Inspector-General of Intelligence (South Africa) • Medical Director of the Aurum Institute • Former National Chairperson of the South African Human Rights Committee

Richard Lyster • Former Commissioner of the South African Truth and Reconciliation Commission • Former Director, Legal Resources Centre, Durban

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Why Ambassador Bethuel Kiplagat Should Quit for Kenya to Attain Truth Justice and Reconciliation

Unfortunately, just as it is beginning its important work it is obvious that the Kenyan Truth Justice and Reconciliation Commission is suffering a real crisis of public confidence because of some of its Commissioners’ antecedents, and because we are arguing Parliament dropped the ball in the vetting and confirmation process. This crisis will affect Kenyans’ belief in transitional justice and turn many into cynics. It is time to recognise that as Freeman and Hayner of the International Center for Transitional Justice wrote “perhaps more than any other single factor, the persons selected to manage a truth commission will determine its ultimate success or failure.”

Bethuel Kiplagat, the Chairman, and his fellow Commissioners of the Truth Justice and Reconciliation Commission are losing public trust in important quarters. Several prominent victims of past human rights violations and organised groups have raised issue with the composition of the Kenyan Truth Justice and Reconciliation Commission.  Some have gone to court.  The first sessions of the Truth Commission have been disrupted on two occasions this past week.  Other prominent victims have vowed never to appear before the Truth Commission as presently constituted. How will the Truth be known in such an environment? How will we get to Justice and Reconciliation?

Protest against its composition erupted even before the Truth Commission was sworn in. The Chairman Mr. Kiplagat was even constrained to go on television before being sworn in to mount a defence to the accusations against him. When the constitution of a Truth Commission is as controversial as that of the Kenyan Truth Justice and Reconciliation Commission, it is logical to look back at how the Commissioners were appointed. As is typical in Kenya what should be a simple exercise of looking at the nomination process is easier said than done because the Report of the Parliamentary Committee which approved the final shortlist from which President Kibaki chose the Truth Commissioners is not a public document. It is not available for example on Parliament’s website. The proceedings of the Selection Panel which gave Parliament names to look at were not conducted in, nor have they been made, public. So Kenyans have to take at face value what they are being told reportedly – that the process was open and consultative. Or maybe they don’t.

Whereas defenders of the Truth Commission membership (including the Minister for Justice Mutula Kilonzo and Ababu Namwamba) say that the appointment followed a consultative process, presumably at the level of the statutory selection panel, the Hansard of Parliament shows that Kenyan Members of Parliament didn’t spend more than a few minutes considering the report on the nominees to this important Agenda 4 institution. 

What transpired in Parliament that day comprised of superficial assessment of the report and generalised praise for every name proposed.This cursory vetting by Parliament explains why Bethuel Kiplagat’s Commission now finds itself attacked for some of its members’ past roles in the subject matter they will be taking evidence from Kenyans on.

It’s a bad start for a process that was never likely to succeed in achieving truth, justice and reconciliation.  Such forms of transitional justice are usually successful after regime changes and new democratic dispenstions.  It is never wise to place transitional justice institutions in the hands of members of the ancien regime.  It was always going to be difficult, but surely not impossible, to find Kenyans of sufficient credibility and stature who could serve as Commissioners of a credible unchallengeable Truth Commission.  It was always going to be easier to ignore the instinct for self-interest, self-preservation and the temptation to cover-up human rights violations.  But the easy way, as in this Kenyan case, often becomes the rigged or the foolhardy path.   The persons who selected Ambassador Kiplagat as Chairman of the Truth Commission presumably knew what they were doing but history will always demonstrate that ancien regime actors do not make the best transitional justice mid-wives. Whatever their reasons, personal or ideological, those who appointed the Kenyan Truth Commission have damaged the prospects of the Commission’s success terminally.

We go on record to say that we are concerned about the credibility deficit of the Chairman and a couple of other commissioners of the Truth Justice and Reconciliation Commission.  The situation is deteriorating to the extent that even television straw polls now show that no sensible Kenyan is likely to believe in Truth, Justice or Reconciliation delivered by processes such as the Truth Commission headed by a retired public officer, whose career apex coincides with the height of gross human rights violations, and who spent this part of his career publicly denying that such violations were occurring.  Ambassador Kiplagat is known for his diplomatic sense.  Surely he can see that ‘toughing this one out’ is not an option?  Gentlemen resign when their ability to deliver is questioned by the intended beneficiaries of their work.  This is not an admission.  It is recognizing that the point of the Truth Commission is to heal victims; to restore their dignity not to irritate them; definitely not to cause any Kenyan victim or otherwise unnecessary agitation.  The healing work of the Commission is not severable.  Just because not every single category of victim is complaining doesn’t mean your mandate is sound.  Don’t demand that a tribunal be constituted against you under section 17 of the Truth Justice Reconciliation Act.  Do the right thing Ambassador Kiplagat.  Quit for Kenya.

We think that Parliament should, and really could, have done more enquiring for Kenyans.  It could have, and should have delayed its adjournment in late June for at least a week to show Kenyans they were serious about who would sit on the Truth Commission. This was, after all, the very last business of the entire parliamentary session and the key work MPs were required to do was to ensure implementation of the letter and the spirit of the Truth, Justice and Reconciliation Act 2008 and make it possible to provide a free and reconciliatory forum to enable all interested victims and Kenyans generally to deal with past injustices.  Just how inadequate the prior scrutiny of the members of the Truth Justice and Reconciliation Commission was, is demonstrated by this complete record of the debate that preceded the appointment of the Kenyan Truth Justice and Reconciliation Commission last year.  It doesn’t inspire confidence in Parliament as a vetting institution.  Had there been a full debate in Parliament would Kenya have a more credible version of a Truth Commission?  We think it would.

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NATIONAL ASSEMBLY

OFFICIAL REPORT

Thursday, 25th June, 2009

The House met at 2.30 p.m.

[Mr. Speaker in the Chair]

Page 66

MOTION

ADOPTION OF REPORT ON NOMINATION OF COMMISSIONERS TO THE TRUTH, JUSTICE AND RECONCILIATION COMMISSION

Mr. Abdikadir: Mr. Deputy Speaker, Sir, I beg to move the following Motion:-

THAT, this House adopts the Report of the Departmental Committee on

Justice and Legal Affairs on the Nomination of Commissioners to the Truth,

Justice and Reconciliation Commission laid on the Table of the House on

Thursday, May, 28, 2009.

Mr. Deputy Speaker, Sir, the Truth, Justice and Reconciliation Act, 2008 is an Act of Parliament to provide for the establishment of the Truth, Justice and Reconciliation Commission and for connected purposes. Vide Part II of the Act, the establishment, powers and functions of the Commission are set out. The membership of the Commission is stipulated in the provisions of Section 10.

The mandate of the Committee was to nominate nine persons for appointment to the Commission pursuant to the provisions of the Act. The Act, indeed, provides for a selection panel made up of nine members, including those listed in the Report. The Committee received the Report from the Selection Panel which they did after advertising and interviewing numerous people who intended to serve in this Commission. The Committee observed that in accordance with the Truth, Justice and Reconciliation Commission Act, the Selection Panel had invited applications from persons to be nominated as Commissioners. It considered the applications, ranked them and provided comments regarding each of the finalists to the Kenya National Assembly.

In accordance with the law, the Selection Panel sent a list of 15 qualified Kenyans. In keeping with the provisions of the law, the Committee selected nine persons for nomination, taking into consideration the requirements as set out under the provisions.

My Committee thereafter, resolved to nominate the following for appointment as Commissioners:-

(1) Amb. Bethuel Kiplagat, MBS,

(2) Mr. Thomas Letangule,

(3) Miss Margaret Chava,

(4) Mr. Tom Ojienda,

(5) Rev. Dr. Timothy Njoya,

(6) Miss Betty Murungi,

(7) Mr. Abubakar Zein,

(8) Miss Tekla Namachanja,

(9) Maj-Gen. (Rtd.) Ahmed Sheikh.

Mr. Deputy Speaker., Sir, the Committee further noted the names in the minutes forwarded by the Eminent African Personalities as follows:-

(1) Miss Gertrude Chawatama from Zambia,

(2) Mr. Berhanu Dinka from Ethiopia,

(3) Mr. Ronald Sly from the United States of America (USA).

It is, therefore, the recommendation of the Committee that the people mentioned above be, indeed, nominated to be Commissioners to the Truth, Justice and Reconciliation Commission (TJRC). The law requires that the names, once approved, be sent to the President, and the President will pick six out of the nine nominees, if approved by this House.

Mr. Deputy Speaker, Sir, on behalf of the Members of the Departmental Committee on Administration of Justice and Legal Affairs, I wish to present to the House the Report of the Committee and the names of the nine qualified candidates, and the names of the three nominees nominated by the Panel of Eminent African Personalities for further consideration and subsequent adoption by the House.

With those remarks, I beg to move and ask Mr. Njoroge Baiya to second the Motion.

Mr. Baiya: Thank you, Mr. Speaker, Sir. I can confirm that this Report has received full deliberation of the Departmental Committee on Administration of Justice and Legal Affairs, and that the whole process was as explained by the Chairman. We are very clear that if this team receives the approval of the House, and also the approval of the President, it will deliver to the expectations of Kenyans.

Mr. Deputy Speaker, Sir, with those remarks, I beg to second.

(Question proposed)

The Minister for Justice, National Cohesion and Constitutional Affairs (Mr. M. Kilonzo): Mr. Deputy Speaker, Sir, I would like to take this opportunity to thank you for giving me this chance to, first of all, congratulate the Committee and all its Members.

I would also like to take this opportunity to congratulate the Selection Panel and the Serena Team as well as the National Accord Implementation Committee for the work that has been put into this process of national healing.

These proposed Commissioners are very important. I want to assure the House that my Ministry will go out of its way to ensure that we make it possible for them to do the work that they are expected to do as expeditiously as possible, for purposes of national healing.

Mr. Deputy Speaker, Sir, this is a very special year for this country, when we are grappling with very many issues, including Agenda Four, and above all, a new constitutional order. I beg to support this Motion and urge hon. Members to support it because it will go a long way towards the realization of this country of the nationhood that it so desperately needs.

I beg to support.

The Minister for Nairobi Metropolitan Development (Mr. Githae): Thank you, Mr. Deputy Speaker, Sir, for this opportunity. I stand here to support this Motion that we should approve these names. I wish to take this opportunity to thank the committee for a job well done. I wish to thank the selection panel which was composed of various stakeholders; that is, FIDA, Kenya National Commission on Human Rights (KNCHR), Law Society of Kenya(LSK), Kenya Private Sector Alliance (KEPSA), SUPKEM, Hindu Council of Kenya, COTU and Kenya Medical Association, for a job well done.

I have looked at the names of the proposed commissioners. I have no doubt that Amb. Bethwel Kiplagat, Mr. Thomas, Letangule, Margaret Shava, Tom Ojienda, Rev. Timothy Njoya, Ms. Betty Murungi, Abubakar Zein, Ms. Tekla Namachanja and Maj-Gen. Rtd Ahmed Sheikh, will do a good job. Even the people appointed by the panel of eminent persons, these are: Getrude Chawatamu from Zambia, Mr. BerhanuDinka from Ethiopia and Mr. Ronald Sly from the United States of America, will do a good job.

This Commission should have been appointed yesterday, so that it can go into all these causes like what happened after the elections, who brought about the chaos—

Where people confess to the crimes they did, then there should be a provision for giving them some kind of immunity.

With those words, I support.

Mr. Ruteere: Mr. Deputy Speaker, Sir, since there is consensus that we accept these names, am I in order to request that the Mover be called upon to reply?

Mr. Deputy Speaker: If that is the mood of the House, let the Mover reply.

Mr. Abdikadir: Mr. Deputy Speaker, Sir, I beg to move.

(Question put and agreed to)

MOTION FOR ADJOURNMENT

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Background to the Truth Justice and Reconciliation Commission: Kenya has a history of political violence and gross human rights violations dating back to its Independence from Britain in December 1963. Documented violations include political assassinations, extra judicial executions of civilians, collective punishment and torture of minority populations, massacres by security forces including the army, torture of persons in custody, enforced disappearances and ethnic cleansing. For 39 years the KANU party ruled Kenyans and controlled government. Following the defeat of the KANU party in December 2002, the new coalition government headed by Mwai Kibaki commissioned an inquiry into policy actions to deal with past gross violations of human rights.

In August 2003, the Report of the Task Force on the Establishment of a Truth, Justice and Reconciliation
Commission chaired by Prof. Makau Mutua was published. It stated that “Kenyans have asked their government to immediately establish a truth, justice, and reconciliation commission. They have overwhelmingly said that the truth about the past must be known, that perpetrators must be identified and punished, that victims must be accorded justice, and that reconciliation is only possible after the truth is known and justice is done. Kenyans want an effective and credible truth commission, an institution that will not engage in a witch-hunt or a whitewash. Such a commission must have the powers to recommend lustration, that is, to bar offenders from holding public office. It must be empowered to recommend redress for victims, such as compensation, restitution, and reparations. It should be authorized to inquire into stolen property and funds, and to recommend that they be returned to the public or the individuals from whom they were stolen. The truth commission should investigate gross human rights violations and economic crimes and recommend prosecutions.”

This important work by the Makau Mutua Task Force was immediately shelved and forgotten. The outrages of the post election violence of 2007-8 created a new impetus for transitional justice and in March 2008, the parties to the Kenya National Dialogue and Reconciliation agreed that a statutory Truth Justice and Reconciliation Commission should be established for a 2 year term and be mandated to inquire into human rights violations, grand corruption and international crimes committed between December 12th 1963 and February 28th 2008. The Truth Justice and Reconciliation Act which established the Kenyan Truth Commission came into effect on March 9th 2008. A Selection Panel conducted interviews and short listed the names of 15 potential Commissioners for Parliamentary approval. The Selection Panel was made up of persons nominated by the Kenya Episcopal Conference, National Council of Churches of Kenya, Evangelical Alliance of Kenya, Hindu Council of Kenya, Seventh Day Adventist Church, Supreme Council of Kenya Muslims, Law Society of Kenya, Federation of Kenya Women Lawyers, Central Organization of Trade Unions, Kenya National Union of Teachers, Association of Professional Societies of East Africa, Kenya National Commission on Human Rights, Kenya Private Sector Alliance, Federation of Kenya Employers, and the Kenya Medical Association. It’s proceedings were not conducted in, nor have they been made, public.

In June 2009 Parliament approved the names of Kenyans and foreign experts for submission to the President to appoint the Commission. President Kibaki appointed the 9 member Commission in July 2009. An annual budgetary allocation of only 100 million shillings meant that in 2009 the Commission hardly made a dent in public consciousness, and it wasn’t until January 2010 that the Commission announced a nationwide public meetings schedule intended to make a preliminary assessment of the historical grievances Kenyans have.

The Partnership for Change Message for Madaraka Day – 46 Years Later It’s Not Yet Uhuru but Change is Coming.

THE PARTNERSHIP FOR CHANGE MESSAGE FOR MADARAKA DAY – 46 YEARS LATER IT’S NOT YET UHURU BUT CHANGE IS COMING.

Nairobi 1st June 2009

Summary: Madaraka was meant to;
- give Kenyans sovereignty over their political affairs and their resources
- give Kenyans a Bill of Rights to be enforced by an independent judiciary
- create a democratic, prosperous & just Nation where the rule of law prevails

46 years ago today, a handover took place at a ceremony in Nairobi, Kenya, between the British colonial government and an elected government headed by the leader of the Kenya African National Union, Jomo Kenyatta, as Prime Minister of Kenya. That day June 1st 1963 has since then been commemorated annually by Kenyans as Madaraka (Internal Self Government) Day. It is the day that Kenyans knew their independence would shortly come.

Six months later on December 12th 1963 (Jamuhuri or Republic Day), Kenya attained independent dominion status within the British Commonwealth under a constitution that was negotiated and agreed at three multi-party Constitutional Conferences held in London and Nairobi between 1961 and 1963. At the stroke of midnight all eligible persons in the country became citizens of Kenya by birthright – in the case of those born after midnight – by naturalisation or by application.

Jomo Kenyatta remained Prime Minister until December 12th 1964 when further constitutional changes declared that Kenya would henceforth be a Republic with Jomo Kenyatta as the first President of Kenya. Kenyatta was president for 15 years. The Prime Ministership was abolished, and there have only been two more Kenyan Presidents since then – in 46 years – Daniel Arap Moi who was President between 1978 and 2002 (24 years); and Mwai Kibaki who is serving his 7th year as President.

Since that first Madaraka Day, Kenyans have been trying to secure the benefits of internal self-governance, democracy and prosperity for the people of Kenya. Sadly, 46 years later, Kenyans are still suffering from the ills of a colonial like state which instead of healing, feeding, and educating and securing the people; oppresses steals and even kills often and with impunity.

Kenyans know that freedom is not free, and that they have to unite as they did before Independence for freedom. Several times in our history we have been reunited in the push for true Uhuru. Immediately after the first Madaraka Day the struggle to preserve the vision of land and freedom was led by the Kenya People’s Union against KANU, and throughout the 1960s and 1970s by patriots like Pio Gama Pinto, Josiah Mwangi Kariuki and the students and dons of Kenya’s universities. This was defeated by brute force and assassinations. In the 1980s the resistance to section 2A of the Constitution involved agitation for the end of the one party KANU dictatorship of Daniel Arap Moi. Most recently, there was the rejection of KANU in 2002, and the election of the National Rainbow Coalition which was Kenya’s first pre-election pact coalition government, and which developed an Economic Recovery and Constitutional Reform strategy and plan which was frustrated by selfish political manoeuvre. Today Kenyans are striving to overcome the political, economic and governance crisis which emerged after the botched presidential election of December 27th 2007, and this struggle is assuming a dimension of generational leadership change in the form of a “citizen’s in charge” movement.

Throughout the darkest days, Kenyans have always known that they are Kenyans and that as such they have rights which are given to them by their Constitution. They have consistently since Independence resisted against a leadership that sought to oppress them as the colonial state did. They have however suffered greatly in this resistance. Many Kenyans have been detained without trial, subjected to rigged trials, exiled, tortured and even been killed and tortured in the past 46 years.

On 12th December 2008, citizens through the Partnership for Change declared that they were going to take charge of democratising and freeing their country for themselves. The Partnership for Change has since November 2008 been implementing a six-point agenda of advocacy and public education on the National Accord, Fundamental Human Rights, the National budget and Debt, Citizens’ Responsibility and Ending Impunity. These agenda items are covered in the National Accord of February 28th 2008, which established the Grand Coalition Government led by President Mwai Kibaki and Prime Minister Raila Odinga.

WHAT IS THE CONTENT OF OUR NATIONAL ACCORD?

Agenda One of the National Accord:
- restoration of civil and political liberties
- cessation of violence against and between citizens

Agenda Two of the National Accord:
- resolving the post election humanitarian crisis
- reconciliation and national healing

Agenda Three of the National Accord:
- overcoming the political crisis

Agenda Four of the National Accord:
- overcoming long term issues and providing solutions to mass poverty and unemployment, land reform, regional imbalances, and equity
- addressing national cohesion and reconciliation, transparency and accountability, constitutional reform, institutional reform of Parliament, the Judiciary and the Internal Security Apparatus including the police

The Grand Coalition Government has failed to keep the timelines and to deliver the National Accord. We believe that implementing the National Accord and the agenda of the Partnership for Change will ensure the delivery of the vision of Madaraka Day and Uhuru. We have committed ourselves to use all our constitutional freedoms to advocate and educate Kenyans on our agenda for the prosperity and freedom of all citizens. In this, as people and citizens of Kenya, we shall act without waiting for the political leadership who have failed us before time and time again.

Recognizing that Madaraka Day 1963 made us citizens with inalienable rights, the Partnership for Change shall over the next 6 months up to December 12th 2009 mount a nation-wide campaign to restore the Madaraka Day vision of democratic accountability and urge Kenyans to resist dictatorial impunity. If we succeed, at a minimum the fundamental rights of every Kenyan will be respected and protected by the state and its agencies on pain of prosecution for any one regardless of status, who violates the rights of a Kenyan citizen. Our rights are not negotiable.

The Partnership for Change holds the position that the National Accord and not Vision 2030 is the country’s Blue Print for national development and ultimately salvation. On this 46th Madaraka Day, we restate that the full implementation of the National Accord is non-negotiable and the Grand Coalition Government so long as it remains incapable, or refuses, to implement the National Accord has no moral authority to remain in place, bearing in mind it is created by a political pact and not by a democratic election result. To stimulate peaceful and democratic change in Kenya, we shall support people’s struggle and initiatives for a better Kenya in the following ways:

1. We shall work to raise awareness of public resources management discipline in order to identify and secure financial and other resources for the achievement of Agenda 4 of the National Accord. In this regard we are campaigning to rationalise the budget and to achieve at least 60% of the budget is secured for development spending; and are also advocating for a comprehensive external debt relief agreement for Kenya.

2. We shall work and campaign as citizens, educating others and asserting our fundamental freedoms as detailed in Chapter V of the Constitution (Bill of Rights) and in particular calling for the unequivocal and full implementation of the full implementation of the Report of the Waki Commission of Inquiry into the Post Election Violence and the Alston Report to the 11th Session of the United Nations Human Rights Council on Summary and Extra Judicial Killings to end impunity in Kenya and to ensure that for the first time in Kenya’s history since Independence all public institutions and public officials are held accountable, and work to promote and defend human rights.

3. We shall work with grassroots Kenyans to educate Kenyans, organise forums that are driven by the citizens themselves- on how to full participate and consult with each other to participate in decision making, public finance, to protect and preserve democracy, ensure honest and effective representation in Parliament and the local governance structures and indeed all governance structures.

4. We shall advocate for the need for impartial application of the rule of law. Kenyans are born equal, regardless of the political opinion, ethnic origin or social status.

5. We shall develop plans and policies for institutional responses to deal with impunity including enhancing public monitoring and record keeping of the government operations related to public finance management and the as regards the fundamental human rights

6. We shall support the call by the people of Kenya for their immediate democratic re-enfranchisement and their right to an elected government.

WE SHALL ACT FOR THE FOLLOWING REASONS AND GROUNDS:
We shall do this because the Grand Coalition Government must be pushed to deliver on its duty to Kenyans as expected in the National Accord. We shall do this because it is our right to demand for the full implementation of the National Accord. Failure to implement the National Accord constitutes grounds for a fresh election, and the Grand Coalition Government has failed in the following respects:

Failure to keep Timelines:
- It has failed to keep the timelines to deliver the promise of the National Accord. Constitutional Review within 12 months has been overlooked hence the stalled institutional reforms in the judiciary, in parliament and the representation of the people, dealing with regional imbalances and the public finance systems;
- It has failed to establish the Special Tribunal for Kenya to punish the persons bearing the greatest responsibility for crimes against humanity committed in Kenya during the Post Election Violence period (December 2007 to February 2008) during which 1,133 Kenyan were murdered and hundreds of thousands were displaced.
- It has failed in 15 months to settle the internally displaced victims of the post election violence leaving hundreds of thousands of Kenyans exposed to untold suffering daily, indefinitely.

Failure to Protect Kenyans and End Extra Judicial Killings
- It has failed to demobilise militias, and dismantle organised crime syndicates and gangs, which continue to murder, extort and maim with impunity.
- Extrajudicial killings by the Kenya Police continue and no one is being punished for this illegality which has lead to the deaths of hundreds of Kenyan young men and women. Torture of persons in official custody remains a practice within the police and other disciplined forces, and torturers have impunity. Police reforms are still pending and on June 2, 2009 the UN special Rapporteur on Enforced disappearances shall present a damning report on Kenya. Shockingly during the Madaraka day celebrations, neither the President nor the Prime Minister had anything to say on this – in prominent attendance at the celebration was the Police Commissioner who has several times been indicted by independent and official reports. The Attorney general who has been described by the UN Special Rapporteur as the embodiment of impunity remains in office after 19 years, and presumably for life.

Failure to Secure Protection of Law and Access to Justice
- There have been no efforts to improve access to justice for the majority of the population. Whereas over the past 15 months the Grand Coalition Government increased the administrative districts to over 209; it has failed to provide the people with courts and today there are only 58 High Court Judges, and 287 Magistrates for a population of 38 million citizens. The backlog of cases according to the Ministry of Justice stands at over 800,000! 46 years after independence, Kenyans are denied justice as a majority face criminal charges without any legal aid or assistance by qualified lawyers.
- Prisons were built to hold 16,000 inmates at a time. Today they hold over 64,000 convicts and every day about 45,000 Kenyan citizens are held by the police in cells under inhumane and degrading conditions.

Failure to Address Long Term Issues
- The Grand Coalition Government has failed to tackle poverty and inequality. It has failed to deliver on its promise to generate 740,000 new jobs each year from 2008 to keep up with youth unemployment which is now a national security threat. Training colleges have been shut down for lack of funds while the Grand Coalition Government continues to increase recurrent expenditure on hospitality and conspicuous consumption.
- The Grand Coalition Government has failed to consolidate national cohesion. It has failed to criminalise hate speech by law and in fact it has allowed politicians and public officers to verbally abuse and scandalize those who point out its faults. The Kiambaa victims’ mass funeral which was avoided by the national and local leadership of the Orange Democratic Movement, and shoddily managed by State House shows how far the nation is from national healing.
- The Grand Coalition Government has failed to institute the much desired and needed land reform and is engaged in a sham discussion to shield its members’ vested interest in the status quo where formally public lands remain in private hands illegally; a fact extensively documented by among others the Ndung’u Land commission report of 2004.
- The Grand Coalition Government is incapable of fighting corruption and has indeed institutionalized impunity for gross economic crimes by shielding perpetrators from persecution and by incorporating perpetrators of corruption in its highest political and public offices. Today, more than half of the cabinet ministers of the GCG are implicated in Grand corruption charges and are yet to be cleared. A corrupt government can not deliver Agenda 4 of the National Accord.

Failure to control Public Debt:
- The Grand Coalition Government has committed 24% of national Budget to debt redemption and is increasing our domestic debt from Kshs. 670.8 billion to Kshs. 827.4 billion and since 1963 Kenya has borrowed over Kshs. 1 trillion with little to show for it. It is now imperative that we have full accountability and transparency in our debt. The Partnership for Change shall demand that Kenyans are told whom we owe and for what purpose we owe. We shall campaign that we as a country should undertake no further debts until the government of Kenya accounts to the people through Parliament. A quick look at our statement of external debt reveals huge borrowings and repayment to the tune of over a trillion shillings for development infrastructure that has never been built. Most of the loans did not have proper parliamentary authority and went to private hands leaving Kenyan tax payer to pay for value un-received. Disturbingly, the Grand Coalition Government has made it its policy to borrow to fund its recurrent expenditure.
- The Partnership for Change takes exception with the Bretton Woods institutions which choose to ignore the public evidence that the Kenyan Government is neither transparent nor accountable in public finance management and that there are odious debts on our books. Even though the Partnership for Change alerted the Executive Board of the International Monetary Fund as to the presence of odious debt our books, and the history of pathetic management of public resources by Treasury, the International Monetary Fund’s immediate response to this call was to lend the Government of Kenya twice the amount it wished to borrow.

The Partnership for Change shall play Its role in offering information, organising the people and providing the tools for holding public officials and state institutions accountable so that by December 12, 2009, Kenyan citizens shall have made a breakthrough.

Partnership for Change
Nairobi 1st June 2009