Talking Points for KEPHA Launch

Dr Willy Mutunga, The Chief Justice and the President of the Supreme Court of Kenya;Hon. Justine Muturi, The Speaker, Kenya National Assembly,The Senators,The Members of Parliament,Ladies and Gentlemen: 

1.    Let me begin by congratulating the Kenya Parliamentary Human Rights Association (KEPHA) at the launch of its Strategic Plan tonight. I am sure that a lot of thinking, debate, labour and consensus-building has gone into developing and finalising it.

 

2.    This launch is happening at a very critical moment in this nation's life. As we have witnessed in the media in the recent past, there have been numerous questions asked about the integrity and credibility of state officers and institutions. It talks of growing disquiet about how those in the public service are conducting themselves and executing their respective mandates. I'm of the view that a strategic plan, such as the one we are launching tonight, provides part of the essential toolkit in addressing these kinds of situations.

 

3.    Parliament has always had a role to play in scrutinising the adequacy of the executive’s response in any given situation, and in so doing, protect the citizens they represent from possible excesses by government.  Indeed, in a democracy, parliament is not just a law making body. It is the link between the government and the people, between the rulers and the people being ruled.

Citizens look up to their members of parliament for protection to ensure that their rights and freedoms, their civil liberties, are not compromised. In any legislation that is passed by the National Assembly, citizens expect that their members will ensure that their rights remain paramount.

 

4.    Since Independence in 1963, public benefit organisations have been a robust and creative part of Kenya’s larger civil society. Our very identity in the world as a vibrant democracy has been because of the existence and movements brought about by different actors in society. PBOs have worked with Kenyans and have achieved numerous milestones. Some are widely known such as multi-party politics and the campaign for our new constitution. Others are less widely known, such as food security in northern Kenya, drug policy, harm reduction, maternal health, children’s rights, HIV/AIDS, or palliative care for cancer patients and many others. Public benefit organisations have been walking hand in hand with Kenyans, working on almost every aspect of a Kenyan’s life. They exist because those needs exist. Whether it is on rule of law and good governance, development, public health or even arts and culture. Therefore any possible legislation that aims to restrict the functioning of PBOs in any way would be ill advised. One does not burn down a house because one is not pleased by the look of a carpet. Legislating against PBOs will cause great harm and hardly any good. It would unlikely achieve the outcome that is intended.

 

5.    Both parliament and the government need to work with PBOs and civil society, rather than against them. Constructive debate in the affirmative, and in dissent, is what strengthens a democracy.

Exposing gaps in policies and providing recommendations for reform are meant to make the country stronger, to make Kenya a better nation, so that our decisions in budgeting, development, politics, health, security and other areas are more prudent and effective.

 

Democracies thrive on this construction. When government begins to view alternative opinion, suggestions, or dissent as obstruction, and goes ahead to legislate against dissenting voices, we lose not only our democracy, but our image as stable, free society in the region.

 

6.    There is no doubt that Kenya has been hard hit by terrorism and that there is certainly a need to respond to this threat. It is also not lost on most of us that the challenge is huge; it is difficult and complex at almost every level. However, we have the benefit of working with the support of friends in the region and internationally who also face a similar threat, and who can advise us that a response that is grounded on law and security alone has not worked for them. It is also not working for us.

 

We appreciate that no country in the world has yet found the right balance between human rights and security, but no country will succeed in attaining security while deliberately infringing on human rights. To fight terrorism we need the support of fellow Kenyans. Communities that are being alienated by harsher laws are unlikely to see the government as an ally. Collective punishment only feeds into the radicalisation rhetoric. We have a sad situation where Kenyan communities are being stereotyped

on the basis of their ethnicity or religion, and are caught in between terrorists and counter-terror operations. They are now victims of violence from both sides.

 

Kenyan communities and PBOs want to work with the government in fighting terrorism. Yet, they are themselves being targeted for speaking out against violations. When we fight each other, we make ourselves weaker, and the real enemy, the terrorists, uses these divisions to find their way into the heart of our population.

 

7.    KEPHA’s ambition to have oversight on the state’s compliance on its human rights obligations is a welcome and timely development. We would encourage the caucus to reach out to other legislative bodies that have similar roles. Our challenges as a nation are not very different from those of other nations, but our response could mark us out differently. How parliament implements the decisions of our national courts and those of regional bodies such as the African Commission on Human and Peoples’ Rights will determine our place as a law abiding nation. Citizens observe and learn from their leaders.

 

It is important therefore for KEPHA to be clear about how it aims to achieve its core values and mandate. This includes what is to be expected when either its membership or environment is seen to have fallen short of them. KEPHA will clearly need to be seen to be walking the talk. Given the Kenyan context where bridges are promised even where there is no river, this is a very vital component in terms of garnering and keeping public trust. How

will KEPHA be held accountable? How will KEPHA be assessed and evaluated to ensure it properly and adequately delivers? Some food for thought.

 

8.    I wish to conclude by briefly stating our position at OSIEA. A lot has been said and written about OSIEA.  As our record will attest, we remain champions of the core values and principles of the nation as enshrined in Article 10 of the Constitution. Ours has been a robust attempt to keep strict fidelity to the letter and spirit of the constitution. Indeed, one will see further evidence of this in the work that goes unnoticed around issues such as disability rights, maternal mortality, training of police officers on better policing, supporting election officials acquire better knowledge and skills, food security and so on. We are proud of our record, of working and supporting individuals and organisation towards achieving our optimum potential as a society. Today, we are also proud to be partnering with the KEPHA on this launch. We look forward to even more collaboration in future.

 

What has made Kenya a strong nation is not military power, tough laws or other show of force, but a vibrant civil space that jealously guards its freedoms. Kenyans identify themselves as open, tolerant and libertarian, and are proud of their constitutional achievements. It is our hope that our representatives in parliament will continue to ensure that this remains true. We look up to you to uphold our Constitution and protect our freedoms from partisan interference.

Thank You