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‘Building a Progressive Kenya’ Closing Remarks by H.E. Mr. Benjamin Mkapa

Nairobi, Kenya
The Constitution embodies the values and aspirations of a sovereign people – all the people…

Let me take this opportunity first to thank the Kofi Annan Foundation, the African Union and other international donors who have funded this very successful conference.  I thank them for their generosity but also for their manifest interest to see that the path to next year’s Kenya election is not littered with political, institutional and electoral landmines.

Secondly, I join mum Graça Machel in thanking the government and people of Kenya for giving us the singular opportunity to participate in their process of dialogue and reconciliation following the ruptures of post-election 2007. We have tried to help, not meddle, in their affairs and appreciate the chance to take this process forward with this conference.

Initially, I want to thank the Principals, members of the coalition government and the people of Kenya for, in the referendum, adopting and promulgating the new transformational Constitution of Kenya. During the workings of the KNDR Forum work and even after the realisation of the coalition political dispensation and the operationaliation of the parliamentary mandate, I and very many people, within and outside Kenya kept wondering if a New Constitution will really emerge.

Well, it has come into being, some will say desultorily, but it is at work. The Swahili have a saying: Hayawi, hayawi, yamekuwa. Congratulations. You have shown the way. It can be done. And I say this because we in Tanzania have just initiated the process to write a new Constitution, and after your experience, we will not have to invent the wheel of constitution-making.

It is not for me to summarise the proceedings or to project the expectations of the conference. Every Panel has had its moderators and commentators and they have discharged this task well. But as this is the only time I take the floor, I crave your indulgence to be heard very briefly.

1. The Constitution embodies the values and aspirations of a sovereign people – all the people. It must serve all without discrimination. It must be upheld, protected and defended by all – political and civil service officialdom leadership and every citizen of the nation. It must be an instrument, not only of transformational change but, especially for the young modern state, an agent of development. I endorse the often stated view in the conference that that it must be implemented wholeheartedly

2. Everyone must be subject to the Rule of Law. No citizen, however high or low, is above the law. In the light of the framework and social environment of colonial times, the post independence constitutions nurtured impunity. In the new dawn impunity must be vigorously eschewed!!

3. Nation building truly starts with independence. The colonial ruler united us in oppression. Our struggle to rid us from him left no time to highlight tribe, race, religious or territorial differences. The exercise of new power initiated rivalries in its use – on land ownership, natural resources exploitation, water use, etc. A new state vision and mission was called for – 2020, 2025, 2030. Definitions of development and modernisation have been agreed. Some call them ideology, others soul or foundation of the nation, or the composite element of a state DNA.

4. But nation building is not a one generation half century process. It is protracted and evolutionary. The British have their Welsh and Scottish nationalists; look at Belgium and Spain. And did not someone draw one attention to the immediate past history of the Balkans? Don’t let the problems overwhelm us; and don’t let us hasten to decree unity and nationhood. I know that for the Mombasa coastal sovereign seekers, there are Zanzibar sovereign seekers in the United Republic of Tanzania.

5. Devolution reduces central power and shares responsibility for inducing deployment. The cost is ostensibly huge. There are variations of local authority administrations. And potential areas of concurrent and conflict jurisdictions abound, e.g., security. This calls for clear delineations of powers and space, and an appellate route leading to decisive resolution of claims must be spelt our with authority of law. This clear delineation is imperative, because in its absence ethnicity/racism may be strengthened and nationhood may be threatened /asphycsiated!!  I agree that rules and powers of office bearers should be clearly spelled out.

6. Diversity must not violate fundamental principles, values and rights enshrined in the Constitution. Ethnic and racial roots are a fact of life; they must not be watered by assertions of superiority of one over another. Rather, where they are post tribal society, that variation must be honored in affirmation of the Bill of Rights. With modernisation and globalisation, customs and cultures will atrophy and new codes of social conduct will sprout, gradually but irreversibly. We can’t go back to the era of testing ethnic dominance by war and conquest. The world will not let us; our children and grandchildren will not countenance such a prospect. They are ready to say: move aside or we will walk over you!!

7. In apologising for devolution, speakers who have travelled the breadth and length of the land have recounted the universal refrain they heard. “We want to see government come down to the people.” I hear the same refrain in Tanzania. But it is an expression of the disenchantment of people with performance of MPs and the lordly demeanor of local government administrators who appear to be irretrievably self-serving and dictatorial. Devolution will multiply the contact points for these and new officials. Will they increase presence? How can we ensure that increased participation will conduce and step up the pace of development?

8. Because of the rich diversity of the people in our young nations, the place of special groups merit exceptional consideration. The rigour of their oppression and exclusion in decision making and governance demands it. These are the women and pastoralists. Described as affirmative or positive, such action is unavoidable. Special drives need to be started to assure women enjoy their fundamental rights of representation and governance, on the one hand. On the other, pastoralists need to be educated and their awareness to the realities of climate change and the limits of pasture lands. These special recognitions need not be specifically entrenched in the Constitution, but they do need the force of law.

9. When in my country we tell the youth that the future belongs to them, they quickly retort. They will not wait for tomorrow; they want to be today’s leaders. As we have been told, they are the preponderant majority in numbers and aspirations. I challenge them to be more proactive in elective politics. It is not enough to be an activist or advocate. Enter the political arena, and seek political office – peacefully but determinedly.

10. The post election violence revealed major weaknesses in the electoral process and institutions. In the journey now to next year’s elections, those weaknesses must be addressed to lend credibility and transparency and avoid disputes and conflicts. I would plead for the following factors. It should be insisted that the electoral process is a competition between political parties not simply political personalities. Parties are about policies and strategies of implementation. Ad hominem attacks foster violence and group hatred. Participating political parties should subscribe to a binding code of electoral, campaign conduct. Unilateral declarations of results should be proscribed and the miscreants be promptly rebuked.

11. The media have a powerful role to play in promoting an atmosphere of tranquility and friendliness on the campaign trail. I want to commend most earnestly the contribution of Mr. Kiprono Kittony, Chairman of the Media Owners Association. I invite members of the so-called Fourth Estate to abide by time and profession honored principles and standards. Reportage and comment should not be for sale to the highest candidate bidder!!

12. The challenge of the coming months leading up to the elections is that of consolidating the gains ushered in by the new Constitution, of consolidating the culture of constitutionalism, of building bridges across ethnic cleavages, of entrenching the relative peace, stability, justice and the rule of law. With the spirit of patriotism and the clarion call of One Kenya, One People, the hope for free and fair election and results will be realised and credible government emerge – Can this happen? Yes it can. Resolve that it will happen. “Hayawi hayawi huwa. Hayawi hayawi  YATAKUWA”.

THANK YOU