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

Uhuru, Kajwang’ and Wako Should Be Probed

By GITAU GIKONYO

Honesty is such a vital quality that it can hardly be surpassed by anything else. As a nation, we will not achieve much if we fail to embrace or inculcate it in ourselves.

British essayist Thomas Carlyle (1795-1881) once said of honesty: “Make yourself an honest man and then you may be sure there is one rascal less in the world.”

In this spirit of honesty, three musketeers must rise up and honestly explain away allegations that are being made or have been made against them.

The first one is attorney-general Amos Wako. This man, in his characteristic fashion of denial, claims not to have been involved or informed of any immunity from pursuit given to Kamlesh Pattni and his accomplices or in the subsequent sale of the Grand Regency Hotel.

Quit the office

His claims notwithstanding, there is a very disturbing contention which has been doing rounds in the press and which Wako must clarify as he prepares to quit office.

This is in relation to section 56B of the Anti-Corruption and Economic Crimes Act. The “handover” of the Grand Regency and its subsequent hurried sale trace their origins to the settlement agreement registered in court on April 9, 2008.

This settlement was pursuant to section 56B of the Act. However, it is emerging that this specific section may after all be illegal.

The Hansard of September 13, 2007, says that during a debate on amendments to the Act, the question on whether to approve Section 56B was put to the vote and Parliament voted to have the section deleted.

Also, the President declined to assent to the Act citing among other things its proposed blanket amnesty and agreed with Parliament that Section 56B remains deleted.

Secret insertion

According to the Hansard the President‘s recommendations were debated in Parliament on October 4, 2007, and section 56A reinstated while section 56B remained deleted.

It is also on record that Justice Aaron Ringera called a news conference that day and complained about the deletion of Section 56B and other proposed amendments.

How strange then that when AG Wako published the Act and commenced it on October 15, 2007, section 56B was part of our laws?

The net effect is that any perceived amnesty or transaction pursuant to section 56B of the Act is null and void ab initio. For the secret insertion of otherwise deleted amendments into a law for the President’s assent is fraudulent, unconstitutional and criminal in nature.

What Kenyans must demand to be told is, if section 56B was deleted by Parliament on September 13, 2007, who “sneaked” it back into the Act and why?

Any attempt to wish it away thus “I was not informed or consulted” will not work. The buck must stop with Mr Wako.The other two musketeers have everything to do with the new buzz word for ministers under siege — “discretion.”

Former Finance minister Amos Kimunya must be wishing it had come up before he stepped aside since it being a cushion, he most certainly would have taken cover behind it too.

But for the moment it is providing cover for Deputy Prime Minister Uhuru Kenyatta, who has been sucked into controversy, and Immigration and Registration of Persons minister Otieno Kajwang’ who is not yet out of the woods.

It is alleged that while serving as Local Government minister, Mr Kenyatta substituted a list of political parties’ civic nominees forwarded to him by the ECK with one of his own, which accusations he has denied.

Mr Kajwang’ on the other hand, has been accused of impropriety in that he issued work permits to foreigners whose professions are available locally, totally against the advice of his permanent secretary and director of Immigration Services.

Likewise he has denied any wrongdoing. Mr Kenyatta has, however, not  used the word “discretion” but Kajwang’ was quick to invoke it.

The fundamental objective of allowing ministers and senior public servants discretionary powers is purely to support wider public interest.For Parliament which confers that discretion, can never be taken to have intended to give a power to act in bad faith or to abuse power. If an act is to be done according to the discretion of a minister, it should follow the rules of reason and justice, not private opinion.

For Mr Kajwang’ to have met the applicants in person reeks with a decision informed by private opinion.In his own words, he is “like an appellate judge with discretion to supreme ministerial decisions”. The discretion of a judge has been discredited as the law of tyrants; especially appellate judges whose decisions settle a matter for good.

Public bodies

But some discretion is necessary, because law cannot anticipate every eventuality or how to decide which law may apply to a given situation. However, all public bodies are under an obligation to show fairness and reasonableness.

“Unreasonableness” may mean that even though the authority has acted according to the law in the sense that it has not acted on irrelevant grounds or exercised power for an improper purpose, yet it has given more weight to some factors than they deserved as compared with other factors.

Mr Kajwang’ can, therefore, not be heard to say that he has a soft spot for “people who pray” otherwise woes betide this nation when he develops a soft spot for terrorists.

Mr Kenyatta, Mr Kajwang’ and Mr Wako must be investigated.

Uproot the Mugumo” Tree

Watching the events unfold as the countdown to this year’s general election calls to mind scenes from the last 44 years of independence, struggle for liberation, bad governance and prosperity for the few

After Kenyans unanimously kicked the Kanu government out of office in 2002, it may be surprising to witness the elected officials who were mand ated to ensure KANU was kept out, inviting the same group to form part of our government.

But let’s delve deeper to try and understand why this happened, on whose mandate did the elected officials act? Was the ballot loud enough in the last polls as to who Kenyans wanted in their government the most pressing question is ..Of what does this new Kibaki-Moi-Uhuru axis represent? May be someone was right when he said Removing Kanu from power is like cutting the mugumo tree with a razor blade.

And yes Kenyans in the last liberation may just have cut the mugumo tree with not a razor blade but with a power saw, so now what is being witnessed is the mugumo tree shooting and trying to rise once again. So the time has come to not cut it once more but to UPROOT it from its foundation roots and all that it stands for.

In My opinion the mugumo tree now represents the three richest families in Kenya, it is also the families who have ruled us for the last 44 years and yes the families who own the most land in Kenya .

In his Book, The Elusive Quest for Growth William Easterly describes his World Bank visit to Cairo in Egypt in a conference to study the wealth and poverty of nations; he says that Cairo throws back the same question at his team. Why Egypt is so poor four millennia after the pharaohs built the pyramids? And He responds a quick back of the envelope answer is INCOME DISTRIBUTION. The Pharaohs had everything and the masses had nothing. The Pharaohs enriched themselves with the labor of the masses. Rich elites do a fine job of erecting monuments for themselves and selecting polices that ensure the status quo is maintained at the expense of the larger masses. So prosperity for the few in Egypt has lasted four millennia but the majority prosperity remains elusive.

So the time is NOW for Kenyans to choose prosperity, to choose to destroy the status quo and to choose polices that equitably distribute income. We need to choose leaders that will break this vicious cycle of rich few and put us on path to prosperity for all. (Is it a wonder the poorest areas of our nations, Nyanza, Coast, North Eastern have remained so each successive government?)

There is only need do one thing this December UPROOT THE MUGUMO TREE. Once for all.

Final word of caution to the voters, most ambitious people have realized being in parliament is a career in and of itself and a sure way to enrich themselves given the perks earned by MPs. Be wary of wolves in sheep’s clothing , who purport to represent you but are only preying on your vote for what it can do for them. You know who these are.

Wanjiru Kinuthia Hussein.
Masters Student- Harvard University- Kennedy School of Government.