Post by Onyango Oloo on Dec 30, 2005 13:38:08 GMT 3
ORIGINALLY posted on Africa-Oped
From: mtumishi orina
Date: Fri Dec 30, 2005 1:54 am
Subject: THE NCA-NCEC STATE OF THE NATION AND 2006 NEW YEAR MESSAGE TO THE NATION
Nairobi December 30, 2005
THE NCA-NCEC STATE OF THE NATION AND 2006 NEW YEAR MESSAGE TO THE NATION
NCEC salutes the people of Kenya for their gallant efforts during the year 2005 to build a better country. It is our assessment that while the people focused better on the national priorities and directions and played their role in causing change and development, the government remained distracted, largely uncoordinated and ad hoc in running the business of the state and managing public affairs.
The 2005 year in review had major successes for Kenya’s democratic and human development as there were monumental failures in our governance and development processes;
The key national successes include the continued funding of the free primary education, the peaceful and mature conduct of our referendum on the proposed constitution, the successes in our athletics and volleyball and the positive reports in the decrease of HIV prevalence rates in the country now standing at about 6% of the population -down from 12% in 2003. The fight against malaria and Tuberculosis also gained ground according to government reports.
There was also reported economic growth mainly due to better returns in the agricultural, construction, tourism and the general service sectors of the economy.
Unfortunately During the year, Kenya has witnessed one of the worst famine and drought crisis in decades. We are saddened that the NARC government failed to put in place measures to act properly and in good time to save lives and secure the livestock wealth of the peoples of the affected districts even as proper and ample information had been offered by the relevant authorities at the beginning of the year. The NARC government has shown that it is a failed government. It has chosen like the former KANU, to rehabilitate the relief mentality that has shamed our country and wrought untold suffering to millions of our people therefore showing that it does not act in the interest of the nation but at the behest of other narrow and parochial interests.
NCEC similarly notes that more Kenyans became poorer during the year in paradox to the reported economic growth of about 4.3% up from 2.6% the previous year (the UNDP country development report 2004-5). This means that economic growth was only concentrated within a small section of the population demographically and geographically.
It is also during the year 2005 that Kenya witnessed the alarming degeneration of the human security situation with the Marsabit massacres, the clashes in Mai Mahiu, Trans Nzoia and other parts of the country typifying that deteriorating security situation in the country. Urban areas were not spared either. Cases of rape, defilements, car jack violence, the reemergence of vigilante groups were glaring during 2005.
It is our statement that regardless of the many good actions of the police including the introduction of the community policing programme, the reforms in the administration of security have been slow, sporadic and in many cases flawed in their policy objectives. The fundamental structural, Human rights, governance, socio-cultural and attitude problems bedeviling the administration of security organization in the country remain barely addressed.
We note with concern that public institutions remained steeped in corruption. The Kenyan parliament not only reported rampant corruption but did little to deserve the massive remuneration Bill that the tax payer meets every year. Corruption in the police force increased during the year (The Transparency international Year Bribery Index report 2004-5). There were also too many cases of trigger happy extra judicial killings as ordered by the minister for internal security for our comfort.
The country seems to have lost the war against corruption as was publicly confessed by the former minister for constitutional affairs Hon. Kiraitu Murungi.
Similarly, NCEC notes that the government and the organs of constitutional review very badly handled the process in the homestretch period. The President, Ministers, Parliament, and the CKRC totally lost the vision of a people driven, democratic and legitimate constitutional review process. The more than 15 years of struggle for a democratic and just constitution were tragically mismanaged at the end. Fortunately, the people of Kenya spoke loudly and authoritatively through the historic referendum on November 21, 2005.
NCEC is proud to be the Citizens’ Movement that won the right of the people to determine their destiny and exercise their sovereignty through the constitutional facility of a popular referendum by filing and winning the historic case that resulted in the Ringera ruling on March 25, 2004. It is the Ringera Ruling that established the people’s right to a referendum to ratify a New constitution.
PRIORITIES AND FOCUS FOR 2006
2006 will be a Defining year for the transformation and development of the Kenyan state and society; if we do not get it right in 2006 as a country the situation may degenerate politically and we may lose the socio-economic development and Human rights gains and agenda.
In focusing the Nation to the Next year, NCEC therefore suggests that the nation focuses as a beginning point on the completion of the constitutional review process through a people driven, legitimate and legally secure process. This is to ensure that the 2007 elections are held under a new constitutional dispensation as it is the overwhelming demand and expectation of Kenyans.
NCEC fully endorses the review Road Map that was developed by the National civil society conference on December 8th, 2005. We reject the proposals of President Mwai Kibaki and those of Hon. Raila Odinga on the way forward to the completion of the review.
The President’s suggestion that he puts together a committee of experts is both escapist and unworkable. We expect the President to know that the constitutional jurisprudence so far established makes his Moi-KANU presidential committees and commission strategies of the 1990s unacceptable and overtaken by events. On the other hand the Hon. Raila Odinga’s call for a Constituent Assembly that includes Members of parliament is simply a proposal that will lead us back to the captivity of the political class. We must free the process of the vested interests of MPs and other actors. The successful completion of the review process now entirely relies on the scrupulous observance of the sound principles of constitutional drafting, negotiation, validation and ratification. We failed through the Bomas and Bunge route and must not repeat the same mistakes again.
While the constituent Assembly concept has since 1997 been the NCEC’s chosen Strategy for successful constitution making, it must of necessity exclude the members of Parliament and all those who wish to aspire for political office in the subsequent elections. Political parties, religious, civil society and private sector representatives should participate along side directly elected delegates.
We reiterate that in observance of the civil society Road Map on the review, the government should facilitate the convening of a national stakeholders Conference in February 2006 to finalize negotiations on the agreeable road map and legal framework to secure the review process. NCEC on its part shall commence high level consultations, advocacy and outreach activities across the country from January 2006 to ensure that the country in accordance with the Road map gets a new constitution by December 2006.
OTHER NATIONAL DEVELOPMENT PRIORITIES
It is our belief that the completion of the constitution review process must be dealt together with other pressing national priorities since these development priorities can not be dealt with separately from the goal of giving the country a new democratic and just constitution. NCEC similarly proposes that the country should meaningfully reengage on the following priorities:
1.The consolidation of the reform agenda to ensure that a framework for the National democratic change is put in place. We must commence 2006 by Revitalizing the transitional justice and accountability agenda beginning with the releasing and acting upon the Goldenberg report; taking tangible actions to implement the Ndung’u report on Illegally acquired public land; establishing the Truth Justice and Reconciliation Commission in accordance with the recommendations of the Prof. Makau Mutua Task force’s report of 2003; putting in place valid and legitimate mechanisms for auditing and vetting all Public institutions and appointments to public offices.
NCEC will focus on obtaining progress reports from such bodies as the Kenya anti-corruption commission (KACC), the Kenya National Commission on Human Rights, the Law reform commission, the Gender commission, parliament, the Judiciary and other government departments. The war against corruption must be revitalized and put back in track.
2.To address poverty that our people are stack in by moving past economic growth to just and equitable economic development and human development; addressing the tragedies of social inequality and glaring injustices in the labour relations, gender based exploitation and intergenerational disparities.
3.To deal with the challenge of offering new leadership at the political, corporate and social levels. Kenya should develop new and alternative leadership that goes beyond the ethno-territorial and personalized models of leadership as embodied by the disgraced thesis offered by the NAK banana alliance and the discredited antithesis offered by the Orange group.
4. To move the East Africa regional integration process forward with the aim of bringing the people, not just governments to the centre of the integration.
2006 is the defining year for reclaiming the state and society transformation agenda and consolidating the democratic and development gains we have made so far as a Nation.
Happy New Year Kenya;
Issued for and behalf the NCEC and NCA Movement on December 30, 2005 at Nairobi
Signed
1. Rev. Timothy Njoya NCA-NCEC Co-convener and spokesperson
2. Mwalimu Sophie Kidenda NCA –NCEC co-convener
3. Kipketer Arap Meli NCA –NCEC co-convener
4. Mithika Mwenda NCA –NCEC co-convener
5. Suleiman Mohammud NCA –NCEC co-convener
6. Sheikh Juma Ngao NCA –NCEC co-convener
7. Davinder Lamba Chair of other NCA – New Democracy Foundation
8. Nganga Thiong’o Member of NCEC (chairman RPP social Movement)
9. Geoffrey Birundu Member of NCEC (NASCON)
10. Cyprian Orina Nyamwamu NCEC Secretariat
11. Ndung’u Wainaina NCEC Secretariat
From: mtumishi orina
Date: Fri Dec 30, 2005 1:54 am
Subject: THE NCA-NCEC STATE OF THE NATION AND 2006 NEW YEAR MESSAGE TO THE NATION
Nairobi December 30, 2005
THE NCA-NCEC STATE OF THE NATION AND 2006 NEW YEAR MESSAGE TO THE NATION
NCEC salutes the people of Kenya for their gallant efforts during the year 2005 to build a better country. It is our assessment that while the people focused better on the national priorities and directions and played their role in causing change and development, the government remained distracted, largely uncoordinated and ad hoc in running the business of the state and managing public affairs.
The 2005 year in review had major successes for Kenya’s democratic and human development as there were monumental failures in our governance and development processes;
The key national successes include the continued funding of the free primary education, the peaceful and mature conduct of our referendum on the proposed constitution, the successes in our athletics and volleyball and the positive reports in the decrease of HIV prevalence rates in the country now standing at about 6% of the population -down from 12% in 2003. The fight against malaria and Tuberculosis also gained ground according to government reports.
There was also reported economic growth mainly due to better returns in the agricultural, construction, tourism and the general service sectors of the economy.
Unfortunately During the year, Kenya has witnessed one of the worst famine and drought crisis in decades. We are saddened that the NARC government failed to put in place measures to act properly and in good time to save lives and secure the livestock wealth of the peoples of the affected districts even as proper and ample information had been offered by the relevant authorities at the beginning of the year. The NARC government has shown that it is a failed government. It has chosen like the former KANU, to rehabilitate the relief mentality that has shamed our country and wrought untold suffering to millions of our people therefore showing that it does not act in the interest of the nation but at the behest of other narrow and parochial interests.
NCEC similarly notes that more Kenyans became poorer during the year in paradox to the reported economic growth of about 4.3% up from 2.6% the previous year (the UNDP country development report 2004-5). This means that economic growth was only concentrated within a small section of the population demographically and geographically.
It is also during the year 2005 that Kenya witnessed the alarming degeneration of the human security situation with the Marsabit massacres, the clashes in Mai Mahiu, Trans Nzoia and other parts of the country typifying that deteriorating security situation in the country. Urban areas were not spared either. Cases of rape, defilements, car jack violence, the reemergence of vigilante groups were glaring during 2005.
It is our statement that regardless of the many good actions of the police including the introduction of the community policing programme, the reforms in the administration of security have been slow, sporadic and in many cases flawed in their policy objectives. The fundamental structural, Human rights, governance, socio-cultural and attitude problems bedeviling the administration of security organization in the country remain barely addressed.
We note with concern that public institutions remained steeped in corruption. The Kenyan parliament not only reported rampant corruption but did little to deserve the massive remuneration Bill that the tax payer meets every year. Corruption in the police force increased during the year (The Transparency international Year Bribery Index report 2004-5). There were also too many cases of trigger happy extra judicial killings as ordered by the minister for internal security for our comfort.
The country seems to have lost the war against corruption as was publicly confessed by the former minister for constitutional affairs Hon. Kiraitu Murungi.
Similarly, NCEC notes that the government and the organs of constitutional review very badly handled the process in the homestretch period. The President, Ministers, Parliament, and the CKRC totally lost the vision of a people driven, democratic and legitimate constitutional review process. The more than 15 years of struggle for a democratic and just constitution were tragically mismanaged at the end. Fortunately, the people of Kenya spoke loudly and authoritatively through the historic referendum on November 21, 2005.
NCEC is proud to be the Citizens’ Movement that won the right of the people to determine their destiny and exercise their sovereignty through the constitutional facility of a popular referendum by filing and winning the historic case that resulted in the Ringera ruling on March 25, 2004. It is the Ringera Ruling that established the people’s right to a referendum to ratify a New constitution.
PRIORITIES AND FOCUS FOR 2006
2006 will be a Defining year for the transformation and development of the Kenyan state and society; if we do not get it right in 2006 as a country the situation may degenerate politically and we may lose the socio-economic development and Human rights gains and agenda.
In focusing the Nation to the Next year, NCEC therefore suggests that the nation focuses as a beginning point on the completion of the constitutional review process through a people driven, legitimate and legally secure process. This is to ensure that the 2007 elections are held under a new constitutional dispensation as it is the overwhelming demand and expectation of Kenyans.
NCEC fully endorses the review Road Map that was developed by the National civil society conference on December 8th, 2005. We reject the proposals of President Mwai Kibaki and those of Hon. Raila Odinga on the way forward to the completion of the review.
The President’s suggestion that he puts together a committee of experts is both escapist and unworkable. We expect the President to know that the constitutional jurisprudence so far established makes his Moi-KANU presidential committees and commission strategies of the 1990s unacceptable and overtaken by events. On the other hand the Hon. Raila Odinga’s call for a Constituent Assembly that includes Members of parliament is simply a proposal that will lead us back to the captivity of the political class. We must free the process of the vested interests of MPs and other actors. The successful completion of the review process now entirely relies on the scrupulous observance of the sound principles of constitutional drafting, negotiation, validation and ratification. We failed through the Bomas and Bunge route and must not repeat the same mistakes again.
While the constituent Assembly concept has since 1997 been the NCEC’s chosen Strategy for successful constitution making, it must of necessity exclude the members of Parliament and all those who wish to aspire for political office in the subsequent elections. Political parties, religious, civil society and private sector representatives should participate along side directly elected delegates.
We reiterate that in observance of the civil society Road Map on the review, the government should facilitate the convening of a national stakeholders Conference in February 2006 to finalize negotiations on the agreeable road map and legal framework to secure the review process. NCEC on its part shall commence high level consultations, advocacy and outreach activities across the country from January 2006 to ensure that the country in accordance with the Road map gets a new constitution by December 2006.
OTHER NATIONAL DEVELOPMENT PRIORITIES
It is our belief that the completion of the constitution review process must be dealt together with other pressing national priorities since these development priorities can not be dealt with separately from the goal of giving the country a new democratic and just constitution. NCEC similarly proposes that the country should meaningfully reengage on the following priorities:
1.The consolidation of the reform agenda to ensure that a framework for the National democratic change is put in place. We must commence 2006 by Revitalizing the transitional justice and accountability agenda beginning with the releasing and acting upon the Goldenberg report; taking tangible actions to implement the Ndung’u report on Illegally acquired public land; establishing the Truth Justice and Reconciliation Commission in accordance with the recommendations of the Prof. Makau Mutua Task force’s report of 2003; putting in place valid and legitimate mechanisms for auditing and vetting all Public institutions and appointments to public offices.
NCEC will focus on obtaining progress reports from such bodies as the Kenya anti-corruption commission (KACC), the Kenya National Commission on Human Rights, the Law reform commission, the Gender commission, parliament, the Judiciary and other government departments. The war against corruption must be revitalized and put back in track.
2.To address poverty that our people are stack in by moving past economic growth to just and equitable economic development and human development; addressing the tragedies of social inequality and glaring injustices in the labour relations, gender based exploitation and intergenerational disparities.
3.To deal with the challenge of offering new leadership at the political, corporate and social levels. Kenya should develop new and alternative leadership that goes beyond the ethno-territorial and personalized models of leadership as embodied by the disgraced thesis offered by the NAK banana alliance and the discredited antithesis offered by the Orange group.
4. To move the East Africa regional integration process forward with the aim of bringing the people, not just governments to the centre of the integration.
2006 is the defining year for reclaiming the state and society transformation agenda and consolidating the democratic and development gains we have made so far as a Nation.
Happy New Year Kenya;
Issued for and behalf the NCEC and NCA Movement on December 30, 2005 at Nairobi
Signed
1. Rev. Timothy Njoya NCA-NCEC Co-convener and spokesperson
2. Mwalimu Sophie Kidenda NCA –NCEC co-convener
3. Kipketer Arap Meli NCA –NCEC co-convener
4. Mithika Mwenda NCA –NCEC co-convener
5. Suleiman Mohammud NCA –NCEC co-convener
6. Sheikh Juma Ngao NCA –NCEC co-convener
7. Davinder Lamba Chair of other NCA – New Democracy Foundation
8. Nganga Thiong’o Member of NCEC (chairman RPP social Movement)
9. Geoffrey Birundu Member of NCEC (NASCON)
10. Cyprian Orina Nyamwamu NCEC Secretariat
11. Ndung’u Wainaina NCEC Secretariat