Press Statement by the Dialogue Reference Group during the Launch of the Framework for National Dialogue at Ufungamano House, Nairobi
July 6, 2018
The Chairman of the Dialogue Reference Group Archbishop Martin Kivuva is flanked by members during a press briefing at Ufungamano House shortly before the luanch of the Framework
LET’S BUILD OUR NATION TOGETHER
PRESS STATEMENT
PREAMBLE
The Dialogue Reference Group (DRG) convened by the religious leaders in Kenya has met today at Ufungamano House, Nairobi, to take stock of the state of the nation. In our consultations, we took to heart the exhortation of Isaiah 1: 18
Come, let us reason together
Appreciating this universal call for dialogue and consultations, we wish to share the following:
1. THE STATE OF THE NATION
This Dialogue Reference Group meeting wishes to thank all Kenyans for maintaining peace after the contentious 2017 general elections. We especially appreciate the commitment by His Excellency President Uhuru Kenyatta and Rt. Honourable Raila Odinga to work for peace and unity of the nation. This has to a large extent created an enabling environment for Kenyans to move on with their normal lives and enhanced our economy.
We are however concerned that the 2018/2019 National Budget, which was presented in Parliament recently, is bound to make the lives of Kenyans extremely difficult. In this regard, we wish to recommend that the National Assembly reconsiders and reduces the enhanced taxation proposed in the 2018/2019 National Budget to avoid further impoverishing Kenyans.
Further to this, we have noted with concern that Kenyans continue to be exposed to the danger of ingesting contaminated and poisoned consumer products due to failure by state agencies to do their work. We have considered this and recommend that staff of state agencies responsible for quality standards checks on consumer goods who have allowed substandard and contaminated sugar, fruits, maize and other products be charged. The importers such products should also be charged.
2. ERADICATE CORRUPTION
This Dialogue Reference Group meeting has followed with concern the constant bombardment of Kenyans with leakages of scandals of unimaginable proportions. These scandals have revealed the fact that corruption is a cancer that has pervaded every sector of our society, and which the current laws have proved inadequate to address. There is therefore an urgent need to take radical action to eradicate it and give the nation a new beginning.
It is in this regard that we urge His Excellency the President to declare corruption a national disaster to facilitate adoption of extra-ordinary measures to deal with it. Further, we recommend that:
(i) A new law is introduced which provides an amnesty for past offenders who confess and reinstate to the state what they stole and name who they stole with. In return, they will be granted immunity from prosecution for those crimes and also be limited from holding public office for a period of time
(ii) The law is amended to provide very stiff penalties for corruption offenders
(iii) Any person who does not take advantage of the amnesty, and anyone who engages in new cases of corruption, is then prosecuted on the basis of the new law
3. RESOLVE THE IEBC CRISIS
This Dialogue Reference Group meeting is deeply concerned by the festering crisis at the Independent Electoral and Boundaries Commission (IEBC). Should an emergency occur and elections are necessitated, the nation will be in a crisis worse than that witnessed in 2016 when the electoral body had to be reconstituted urgently to prepare for the 2017 General Elections.
We call upon the National Assembly and the Senate to jointly amend the electoral laws to provide clear guidelines on what happens when a Commissioner of IEBC resign. Further, we call upon the Attorney General to seek an interpretation by the High Court as to whether the IEBC as currently constituted can legally execute its constitutional mandate.
4. POSSIBLE SCENARIOS MOVING FORWARD
This Dialogue Reference Group meeting has recognized that the political situation Kenya today has been witnessed in the past. The calm that emerges after a national crisis has always given Kenyans hope that a dispensation was emerging in which their deep-seated divisions and disputes would be resolved. This has often failed, and the subsequent elections become a trigger that re-opens the old wounds and the same old hostilities emerge.
Seeking to establish whether the current state of the nation is a repetition of history, we took time to identify current and future scenarios and their implications on our nation. The following scenarios were identified:
Scenario Characteristics / Facilitating Factors
1. Normalized Crisis – Default Setting • This is the default setting for Kenya, where the country is stabilized but the underlying conflicts are not resolved
• There is continued violation of human rights, impunity and blatant disregard of the rule of law
• Corruption continues to reign
• No reforms, No structured Dialogue, and life is business as usual
2. Dialogue and Transformation • There is wide-scale, all inclusive dialogue leading to genuine reforms
• There is comprehensive identification and resolution of the underlying causes of conflict among communities
• Reforms are undertaken in the electoral regime to ensure future elections are free, fair, peaceful and credible
We note that whereas Scenario 2 is the most preferred, the country is currently at Scenario 1 and if radical measures are not taken, we will remain in this state for the next four years.
5. A CASE FOR NATIONAL DIALOGUE
This Dialogue Reference Group meeting recalls that the driving desire of Kenyans in 2010 was to get a Constitution that “strengthens national integration and unity and commits Kenyans to peaceful resolution of national issues through dialogue and consensus” (Constitution of Kenya 2010 Promulgation Statement in Sub Article (g)).
We in this regard recommend that the national dialogue process be opened up to include all other stakeholders. Of great importance is that the Task Force appointed by President Uhuru and Rt Hon Raila to spearhead the Building Bridges Initiative engages other stakeholders so that the implementation of the agenda is all inclusive.
Secondly, the measures and processes agreed upon will need to be given legislative effect by Parliament as a safeguard for the nation. Kenyans must be given an opportunity to contribute to the laws that are enacted.
6. NATIONAL DIALOGUE FRAMEWORK
It is in this regard that this Dialogue Reference Group meeting is honoured to launch the National Dialogue Framework.
The National Dialogue Framework has been developed by the DRG to serve as a guide to a national dialogue process aimed at providing space for Kenyans to identify, discuss and resolve the underlying causes of division and bitterness in the country. The dialogue process will especially enable the country overcome the paralysing helplessness of the citizenry with regard to addressing matters of national concern.
The National Dialogue Framework identifies seven key issues that need to be addressed:
(i) Bringing a Closure to the 2017 Elections by undertaking a technical audit of the preparations and conduct of the elections so as to inform future polls
(ii) Decisive Action to Deal with Corruption by identifying specific measures to deplore corruption and empower voters to reject and punish corruption perpetrators
(iii) Constitutional and Legal Reforms especially with regard to the system of government and representation
(iv) Security Sector Reforms aimed at charting a fresh path to complete the process
(v) Promoting National Cohesion by genuinely addressing the issues of ethnic discrimination, exclusion and marginalisation in the context of transitional justice and a cohesion framework
(vi) Accelerated Service Delivery resulting from empowered citizens who hold county and national government officials to account and punish those who fail
(vii) How to promote Devolution, Institutional Performance and Governance by institutionalizing good governance and having all sectors work together
To facilitate widescale and inclusive dialogue on these issues, the National Dialogue Framework identifies the following forums and structures:
(i) Two National Dialogue Conferences
(ii) County Dialogue Conferences
(iii) Establishment of the Joint Monitoring and Evaluation Committee (JOMEC), which will be responsible for ensuring implementation of the output of the Dialogue Process
We wish to announce our commitment to advocate for the adoption and implementation of this National Dialogue Framework by all sectors in the nation.
Towards this, we are honoured to announce that the first National Dialogue Conference will be held on 7th to 9th August 2018 at Bomas of Kenya. We urge all stakeholders to participate so that together we can spearhead the National Dialogue Process.
7. CONCLUSION
We conclude by commending Kenyans for the continued commitment to peace and good neighbourliness. Let us embrace dialogue so as to safeguard our common future, and in this way we will work to achieve what we always pray in our National Anthem:
Let all with one accord, in common bond united
Build this our nation together
And the glory of Kenya, the fruit of our labour
Fill every heart with thanksgiving
May God bless Kenya now and forever more.
