THE CURRENT STATE OF THE NATION

A STATEMENT BY THE CIVIL SOCIETY REFERENCE GROUP (CS-RG)

ISSUED ON 20TH MAY, 2016
NAIROBI
We; the Civil Society Reference Group (CS-RG) a membership organization of
Social Movements, National, International and Community-based nongovernmental organizations, whose vision is a conducive and enabling civic
environment for civil society organizations (CSOs) with a role to inform,
unite and amplify the voice of Kenyan society, come here today with a
number of issues of grave concern as regards the State of our Nation.
THE IEBC:
We are part of the KURA YANGU, SAUTI YANGU platform that has called for
dialogue on a number of critical issues towards the 2017 elections. Among
those issues is the independence of this important institution, whether by
law, composition or public perception.
Independence Impartiality and Political Sensitivity:
The IEBC needs to be both independent and impartial to gain the trust of
Kenyans. They should also be and be seen to be a 'trustworthy broker" by all
stakeholders and should never be perceived to be siding with any particular
or coalition of political parties or unnecessarily meddling in any internal
affairs of political parties.
Though individual IEBC Commissioners may have their own political biases,
voice or personal opinion; to the stakeholders, they must behave, and be
seen and perceived to be impartial in the delivery and implementation of
their duties. This is what Article 81 in Chapter Seven of the Constitution
requires of the Commission, providing that elections, including the 2017
elections be administered in an impartial, neutral, efficient, accurate and
accountable manner.
Rather than engage in chest-thumping as we have seen in recent times, the
IEBC commissioners should take time off and engage in self-introspection,
particularly in light of allegations of impropriety with regards to procurement
of election materials and accusations of bias, and ask themselves whether
individually or collectively, their conduct for the whole time each of them
have been in office, is beyond reproach.
A good arbiter, referee or moderator requires having "an effective political
antenna in order to operate effectively, they need to be sensitive to the
political environment, recognizing and respecting the various competing and
stakeholder interests and identify potential areas of conflict and
opportunities for compromise.
Capture of the IEBC as opposed to Creating Ownership:
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Like all Constitutional commissions, IEBC is an institution expected to serve

the people of Kenya in an impartial and judicious way before, during and
after elections. All stakeholder groups and individual citizens must feel that
representation and impartiality. Only then can the IEBC or any Constitutional
Commission for that matter, be said to be discharging its constitutional
mandate of promoting and protecting the sovereign power of the people.
However, we are increasingly witnessing an IEBC that is rejected by a
significant number of the political parties but that refuses to listen to their
grievances. The recent arbitrary, orchestrated and brutal attacks on Kenyan
citizens who sought to exercise their rights as provided in Article 38 of the
Constitution, which rights include the right to campaign for a political
cause is a sign that the State is protecting an un-popular arbiter for the
2017 elections for reasons only best known to it.
Recalling that in 2007; the conduct of the ECK precipitated the 2008 post
election violence 1300 died, 26,000 properties destroyed, 650,000 citizens
displaced and the economy collapsed from a growth of 7% to 1.7% within a
span of two weeks. We also lost a whole school going generation as a result
of the disruption caused by the violence. Kriegler Commission specifically in
its forensic audit stated that an Electoral Management body must be beyond
reproach both in reality and perception.
Go home:
The Nancy Baraza Judicial Tribunal interpreted ethics and integrity principles
in the constitution to imply that they do not need to meet criminal attribute.
In this instance; there are too many allegations of impropriety around Izaak
Hassan and his team - from accusations of lack of impartiality, to their
political insensitivity and the growing perception of capture of IEBC as an
institution by the State. It is our considered view that IEBC commissioners
must now leave office before any more Kenyans are killed or injured by
overzealous State security agents who seem only keen to protect the
Commission even when it is obvious that majority of the Kenyan people
consider the commission incapable of doing the job at hand in accordance
with the dictates of the Constitution.
POLICE BRUTALITY:
All Kenyans irrespective of their gender, ethnicity or political affiliation are
entitled to human dignity, equity, social justice, inclusiveness, equality,
human rights, non-discrimination and protection by the State. The
government of Kenya was elected to govern in accordance to these national
values and principles of governance as explicitly articulated in Article 10 of
the Constitution. To this end there can be neither short-cuts nor detours!!

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What we have witnessed in the last months, weeks and in recent days is a
police FORCE and not SERVICE totally inhuman and base in its conduct. Their
conduct and brutality can only be described as beastly and unacceptable,
coming as it does more than 5 years after we embarked on police reforms
after giving ourselves a new constitution promoting human rights and the
dignity of all Kenyans.
We call upon all persons responsible for this beastly, cruel, inhuman and
degrading treatment at different levels to resign from public service - from
the Cabinet Secretary in charge of security to the Inspector General of the
Police who has continuously spoken of upholding the law. We demand that all
those who visited violence against Kenyans must be held to account.
The National Police Service Act is clear on when police can use force against
any suspect or perceived offender. None of the victims of brutality during last
Mondays protest deserved to be beaten with such savagery as witnessed on
national televisions. The individual police officers who ordered and who
brutalized Kenyans should be prosecuted individually.
Our members from the Mutual Protection team have gone to various
hospitals and identified some of those seriously injured among them;
Immanuel Okumu from Katina Ward, Jackline Nawiri from Mathare, Simon
Ayaya from Mathare (with a bullet lodged on his chest), Japheth Muroko (with
head and leg injuries), Shida Adam from Makina, Domnick Oulu from
Huruma, Josephine Martha from Kangemi, Polycarp Baraza from Katina in
Kawangware and Sylvia Inyambula from Kangemi who was beaten while
rescuing a child whose mother had collapsed due to the tear gas fumes.
2/3RDS GENDER RULE:
On the issue of the 2/3rd gender rule, Kenyans were dismayed to see the
lack of seriousness on the part of our National Assembly in implementing the
constitution.
Kudos to those who sat in the House twice and voted, because they
represented the views of their electorate. We take issue with all those
members who stayed outside enjoying a beer or coffee while they should
have been exercising their constitutional duty of debating on an important
constitutional issue as representation of the people and voting on it.
Some of the so-called honourable members were seen hovering around the
precincts of Parliament, watching television to see the vote count as if they
were ordinary wananchi, rather than take their seats in the House and make
the quorum necessary to implement this critical constitutional requirement.
Members of parliament are elected to represent the people of Kenya in one
way or the other. They are elected to represent various segments of the
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society of which women are an integral part, and enact relevant laws that
will give life and meaning to the Constitution.
The lack of seriousness of majority of our members of parliament has
triggered an interest in our organization for a name-and-shame report that
will be released every quarter by our Oversight Committee as regards their
performance.
ABUSE OF THE BILL OF RIGHTS:
The primary duty of the State is to uphold the Bill of Rights by protecting all
citizens from their abrogation. From Article 29: Every person has the right to
freedom and security of the person; to Article 32: Every person has the right
to freedom of conscience, religion, thought, belief and opinion; to Article 33:
Every person has the right to Freedom of expression; to Article 36: Every
person has the right to Freedom of Association, which includes the right to
form, join or participate in the activities of an association of any kind; to
Article 37: Every person has the right to peaceably and unarmed to
assemble, to demonstrate, to picket, and to present petitions to public
authorities; only seem to make good reading but no practice.
We have seen different state offices assume or behave in a manner to imply
that these rights are suspendable or are temporary or are for state officers to
choose which to take away and which to uphold. The Constitution of Kenya
does not exempt anyone from upholding or implementing the Bill of Rights.
At no time should the enjoyment of these rights be determined on the basis
of the amount of tear gas canisters or firearms in government armory as
some government officials have said in recent days.
Chapter Four (the Bill of Rights) of the constitution of Kenya cannot be
suspended, postponed or amended except by a referendum!!
If our national leaders are as prayerful as we have witnessed in recent times,
may we refer them to Exodus 18 verse 21 "But select capable men (and
women) from all the people, who fear God, are trustworthy, who hate
dishonest gain, and appoint them as officials over thousands, hundreds,
fifties and tens".
What we are witnessing are dishonest men and women who fail to uphold
the values and principles within the constitution but instead are out to fleece
our nation and brutalize its people.
We call upon the President of Kenya H.E. Uhuru Kenyatta to appoint State
and Public officers who will respect and uphold the dignity of the Kenyan
people. That means getting rid of all those who are disrespectful of the
Kenyan Constitution and by extension the people of Kenya.
The End.....

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