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 executives 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 Kenyas 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,
childrens 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
Kenyans 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. KEPHAs ambition to have oversight on the states 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