Press Statement: Defending the Vital Role of Civil Society Organizations in Kenya

FOR IMMEDIATE RELEASE
20th July 2024

For decades, Civil Society Organizations in Kenya have been the backbone of our nation, tirelessly safeguarding democratic values and principles, amplifying the voices of vulnerable communities, promoting transparency and accountability, and ensuring the rights of all Kenyans are upheld. Their contributions have been instrumental in our nation’s growth and stability, and their efforts have consistently upheld the principles of justice and democracy.

In the last three months, civil society and the media have engaged robustly in pushing for public finance management accountability, including public debt, protection of human rights, especially freedom of expression and the right to assemble, including protest, active citizenship, end of extrajudicial executions, enforced disappearances, abductions, and even theft of public resources.

Kenyans share these concerns and are now pushing for an accountable government at all levels, especially the executive and legislative arms. The continued neglect of the need for an accountable and transparent government that respects and values the voices of the people of Kenya is the reason for the continued protests across several parts of the country.

Against this background, we are deeply concerned by the recent letter from the Government of Kenya implying that CSOs fund and support unlawful behaviour and unruly protests, which starkly contradict our work. We categorically repudiate these unfounded accusations and reiterate our call for the government to remain true to the constitution and protect independent civil society organisations and media in Kenya. CSOs have been instrumental in Kenya’s development and play a pivotal role in protecting human rights, upholding the rule of law, promoting good governance and fostering social and economic progress.

We unequivocally condemn any unlawful acts during protests. The allegations that CSOs are complicit in promoting illegal activities are false and undermine the invaluable work they do to strengthen our society and are aimed at tarnishing the perception of CSOs to the citizenry we serve. In recent months, CSOs have risen to initiate rapid response interventions to meet the pressing and overwhelming needs and concerns of Kenyans affected by the crisis through providing legal aid for those arrested or abducted, medical assistance for those injured, and psychosocial support for individuals and families affected. Furthermore, they have continued to amplify advocacy on the human rights and governance concerns presented by Kenyans. These actions, which CSOs have championed over a long period, should not be misconstrued as support for the acts of lawlessness and violence meted against Kenyans and which CSOs have consistently called out all through the protests.

The suggestion that young people, particularly the GenZ, are being funded to speak up and use their voices devalues their genuine contributions to Kenya’s development. Young Kenyans have shown remarkable dedication and initiative in advocating for positive change. Their voices are not just essential but inspiring in shaping the future of our nation, and they deserve to be heard and respected.

We are alarmed by the unprecedented violent crackdowns, abductions and disappearances of Kenyans who have expressed concern over the state of governance and human rights in Kenya. We see the CSOs as an extension of the ongoing general repression against civic space and human rights defenders. In recent weeks, prominent human rights organisations in the country have been subjected to an increase in acts of intimidation, harassment, and threats by the authorities, as well as threats against partners that fund their human rights work. These attacks and threats have also been unleashed upon the media and individual journalists.

We call upon the government and all stakeholders to protect the Kenyan civic space. CSOs must be allowed to operate without undue interference or baseless accusations. The constitution of Kenya guarantees the right to peaceful protest and freedom of expression. These rights must be protected and honoured, not only for CSOs but for every Kenyan.

We reiterate the calls from young people and other advocates for the Constitution of Kenya to be followed to the letter. Unlawful actions by goons, police, and other state agents must cease immediately. We demand strict accountability in the budget-making process, a thorough constitutional audit of public debt that has impeded service delivery, and the interdiction and prosecution of all people accused of corruption and theft of public money. The rule of law is paramount, and all parties must be accountable for their actions.

In conclusion, we reaffirm our unwavering commitment to supporting democracy, human rights, and the rule of law. We stand in solidarity with the civil society organizations that continue to champion these values, and we urge the government to recognize and respect their indispensable role in our nation’s progress. In closing, we continue that Kenyans stay woke and continue their role as active Citizens as the people with direct power on the affairs of the Kenyan state and, in turn, call on the government to keep all channels for direct participation of the people open even when they are cause discomfort to those in authority.

Name the organisations

  1. Action Aid International Kenya
  2. Africa Centre for Open Governance (AFRICOG)
  3. African Forum for Debt and Development (AFRODAD)
  4. Amnesty International Kenya
  5. Article 19 Eastern Africa
  6. Badili Africa
  7. Bajeti Hub
  8. Centre for Enhancing Democracy and Good Governance
  9. Centre for Rights Education and Awareness (CREAW)
  10. CRAWN Trust
  11. Civic Freedoms Forum (CFF)
  12. Christian Aid International Kenya
  13. Coalition for Grassroots Human Rights Defenders
  14. Community Aid International
  15. Democracy without Borders – Kenya
  16. Emerging Leaders Foundation
  17. End Femicide-KE Movement
  18. Feminists in Kenya
  19. Federation for Women Lawyers Kenya (FIDA Kenya)
  20. Human Rights Watch
  21. Initiative for Equality and Non-Discrimination
  22. International Commission of Jurists Kenya
  23. International Medical Legal Unit
  24. Inuka Kenya Ni Sisi!
  25. Institute for Public Finance Kenya
  26. Kenya Human Rights Commission
  27. Law Society of Kenya
  28. Mzalendo Trust
  29. National Coalition for Human Rights Defenders
  30. NAWI Collective
  31. Open Institute
  32. Siasa Place
  33. SDG Forum Kenya
  34. Shield for Justice
  35. The Institute for Social Accountability
  36. Transparency International Kenya
  37. Tribeless Youth
  38. Trust Africa

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The Red Card Campaign: Demand for Integrity in GovernanceVERNANCE

FOR IMMEDIATE PRESS RELEASE

Thursday, 18th July 2024

In the wake of the recent nationwide protests, the National Integrity Alliance stands in solidarity with the families of those who lost their lives during the protests, those injured, unlawfully arrested and abducted. We are appalled by the gross disregard for human life, peoples’ rights, and the rampant corruption that has permeated every level of our public sector. We are staring at the blatant disregard for leadership and integrity provisions as espoused by the Constitution, especially in the appointment and conduct of public officers. This has competently eroded public trust in the governance of public affairs.

William Ruto’s dismissal of the Cabinet does not in any way address the deep-seated rot within our governance structures, for which he must take full responsibility. The dismissal of cabinet and the resignation of the former Inspector General of Police, Japhet Koome, must be accompanied by concrete measures and immediate actions to restore public confidence, guarantee justice, accountability, and integrity, so as to address the underlying issues of corruption, impunity, and systemic failures. These situations present an unprecedented crisis in governance.

In light of the above, the National Integrity Alliance unequivocally calls for the following actions:

  1. The dismissed Cabinet Secretaries should not hold public or state offices again. The cabinet secretaries appointment process was flawed from the onset geared towards rewarding political cronies. During the vetting process, the National Integrity Alliance made detailed submissions on some of the nominees and even parliament had reservations on some of them. While William Ruto cited Article 152(5)(b) which mandates him powers to dismiss Cabinet Secretaries, this provision does not provide grounds upon which the President makes his decision. Since William Ruto did not cite grounds for dismissing his Cabinet Secretaries, we fear that the President might apply the same provision of law under Article 152(5) (a) to re-assign his Cabinet Secretaries to different Ministerial portfolios. On dismissing the cabinet, William Ruto based his decision upon “… his reflection and listening keenly to what the people of Kenya have said and after a holistic appraisal of the performance of the cabinet…” Among the grievances Kenyans raised include the government’s failure to adhere to the requirements under Chapter 6 of the Constitution of Kenya, 2010 on Leadership and Integrity, specifically Article 73 which requires state officers to exercise authority in a manner that is consistent with the Constitution, demonstrate respect for the people of Kenya, promotes public confidence in the offices they serve and brings honour to the nation and their respective offices. However, Kenyans have been aggrieved by gross misconduct of the majority of the former cabinet secretaries. In addition, there has been no political accountability for various corruption cases exposed under the Kenya Kwanza regime such as the fake fertiliser, mosquito nets, and edible oils corruption scandals and the failed government-to-government (G-to-G) oil deal. We demand that investigations into these cases must be instituted, and swiftly concluded and those culprits should be barred from holding state/public offices.
  2. We demand that the Ethics and Anti-Corruption Commission (EACC) commences lifestyle audits and investigations targeting recently sacked Cabinet Secretaries and other public officers that citizens have profiled for displaying obscene opulence that do not align with their declared sources of income. These individuals must be held accountable for their time in office to ensure that public funds were not mismanaged or siphoned through corrupt practices. EACC must take timely and decisive action to restore public trust and demonstrate that no one is above the law.
  3. Parliament has failed Kenyans in its representation, legislative and oversight mandate; this is the time for Parliament to redeem itself in line with the mood of the country. The National Assembly must also move to act on the Lifestyle Auditlegislation that has been pending since 2019 and other anti-corruption measures, including the criminalization of illicit enrichment, establishing obligations for regular declarations of assets, incomes and interests, as well as Unexplained Wealth Orders. With the appointment of a new Cabinet in the offing, it is critical that measures to verify wealth declarations are put in place to guard against falsified, under-reported or exaggerated declarations. The Parliamentary Committee on Appointments and the National Assembly at large, while vetting nominees for Cabinet Secretary, must consider only persons who are in compliance with the leadership and integrity tenets as enshrined in Chapter 6 of the Constitution. They must not repeat the mistakes they made in 2022 while vetting nominees, they made a mockery of the constitutional provisions on leadership and integrity by disregarding key public concerns on the conduct of the Cabinet secretary nominees and did not take considerations raised on the suitability of some of the nominees, in line with the provisions on ethics and integrity. This has been witnessed even in the controversial Finance Bill 2024, where public views were disregarded by Parliament.We also note that the Conflict of Interest Bill that is pending in the National Assembly, with proposed amendments from the Senate, would result in weakening the deterrent effects against state officials conducting business with the government or awarding tenders to relatives and should therefore be rejected by the National Assembly.
  4. We also demand that in line with Section 35 (3)(c) of the Judicial Service Act, the Chief Justice, through National Council on the Administration of Justice (NCAJ) should initiate an independent enquiry and judicial review of all graft-related cases that were withdrawn by the Office of the Director of Public Prosecutions (ODPP) against public officers appointed by William Ruto’s regime, for instance, some of the cases that ODPP withdrew soon after William Ruto took office, and some of these individuals appointed into key executive positions; (Geoffrey Mwangi former CEO, NHIF and 17 others – Ksh 1.1 billion; Rigathi Gachagua – Deputy President & 9 others –Ksh 7.3 billion; Wambui Mary – Communications Authority of Kenya chairperson – Tax evasion case – Ksh 2.2 billion; Aisha Jumwa – Former CS – graft case – Ksh 19 million; R. V Ben Chumo & others –Ksh 400 million; R v Dr Ken Tarus & 8 others – Ksh 159 million). Also, cases in which suspects have been acquitted but which trial magistrates and Judges have called out the ODPP for ‘dereliction of duty’ leading to prosecution-aided acquittals. A case in point is the acquittal of former treasury Cabinet Secretary (CS) Henry Rotich and eight codefendants of corruption-related charges linked to the troubled construction of Arror and Kimwarer dams. As such, the judicial review of dropped graft cases is crucial to ensure that the withdrawal of cases was conducted transparently and that justice is served without favouritism or political interference. Further, in the recent judgment quashing the appointment of Antony Mwaura, Chair Kenya Revenue Authority, as he was appointed while facing corruption and economic crime charges, sets precedence on the moral and ethical bar set by Chapter 6 on leadership and integrity with the ruling stating that the appointment was an indictment of insensitivity towards the significance and the place of national values, leadership and integrity as stated in the Constitution. The ruling impedes that public appointments should be in line with the constitutional provisions on leadership, integrity, and national values. By thoroughly examining the circumstances and reasons behind the withdrawal of these cases, the NCAJ can help restore public confidence in the justice system and uphold the principles of accountability and the rule of law. An independent enquiry will also deter any potential abuse of power and reinforce the integrity of judicial processes in Kenya.
  5. We demand a complete overhaul and accountability of Kenya’s Security Infrastructure. Our security apparatus have remained a tool of repression and are serving the interests of the regime in power as opposed to ensuring public safety and enforcement of the rule of law. This is manifested in the systemic atrocities committed against the people of Kenya from the colonial and post-independent regimes to date. The current situation manifesting in the senseless execution of peaceful demonstrators, arbitrary arrests and torture of unarmed Kenyans, heinous abductions, incarcerations, and the use of lethal weapons despite a court order against the same. With the recent shooting of a journalist in Nakuru, the abduction of Macharia Gaitho – a veteran Kenyan journalist, and the dismembered and unidentified corpses found in Kware, Mukuru kwa Njenga, this criminal conduct is a manifestation of how low the security system has descended.We demand a reconstruction of the security apparatus to align with Article 238 (2) b of the Constitution which provides that national security shall be pursued in compliance with the law and with utmost respect for the rule of law, democracy and fundamental freedoms.

    We demand the National Security Council, chaired by William Ruto take full political responsibility for commissioning atrocities against protesters and political accountability for the former CSs Kithure Kindiki and Aden Duale for the roles they played in the execution of these atrocities against protesters.

    We demand accountability and individual responsibility for former Interior Cabinet Secretary Kithure Kindiki, former Inspector General of Police Japhet Koome, Acting Inspector General of Police Douglas Kirocho Kanja, Nairobi Police Commander Adamson Bungei, National Intelligence Service (NIS) Director General Noordin Haji, Mohamed Amin, Director of Criminal Investigations, Isaiah Murangili ‘alias’ Ndumba who was captured on camera shooting Rex Maasai and a group of journalists. Others are all the regional, county and station commanders across the country where killings were witnessed during the protests.

    We demand that the Independent Policing Oversight Authority (IPOA) undertake full investigations into the atrocities mentioned above, failure to which, we will take legal action against them.

END

For further information, please contact communications@nia-ke.org

REDCARD CAMPAIGN
The #RedCard Campaign seeks to bar aspirants that fall short of the ethical standards of integrity from assuming elective or appointive office. The new spirit of active citizenship across all levels of society and government must be catalysed to enforce existing robust laws and institutions and roll back the future abuse of public office and theft of public resources. The Red Card Campaign has three objectives. They are 1.) Public education against corruption and abuse of office 2.) Decampaign aspirants who fall short of the ethical threshold of Chapter 6, and 3.) Institute legal proceedings for the removal of those who win the elections despite their demonstrated unethical behaviour.

THE NATIONAL INTEGRITY ALLIANCE (NIA) The National Integrity Alliance (NIA) is a citizen-centred integrity and anti-corruption coalition comprising Transparency International Kenya (TI-Kenya), Inuka Kenya Ni Sisi!, and The Kenya Human Rights Commission (KHRC). NIA seeks to breathe life into the constitutional promise on Integrity by catalysing frontline ethics and anti-corruption institutions, and active citizens to Detect, Deter, Disrupt and Defeat corruption at all levels of society.

Chapter 6 is an Ethical Standard for all Aspirants to serve in Public Office

www.nia-ke.org | Twitter: @RedCardKE | #RadaNiIntegrity |#RedCard2022

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Navigating Generational Differences in the Workplace: A Story of Understanding and Collaboration

Navigating Generational Differences in the Workplace: A Story of Understanding and Collaboration

In the vibrant, buzzing workplace of today, we find ourselves surrounded by a unique blend of four distinct generations: Baby Boomers, Generation X, Millennials, and Generation Z. Each generation brings its own perspective, work style, and values, creating a rich tapestry of diversity that can either lead to dynamic collaboration or simmering conflict. Let’s take a closer look at how these generational differences play out, and how we can bridge the gaps with curiosity and empathy.

The Senior Executive: Baby Boomer

Meet Linda, a seasoned executive who has dedicated decades of hard work to climb the corporate ladder. Linda, a Baby Boomer, believes in the power of dedication and perseverance. She recalls the days when long hours and unwavering commitment were the keys to success. For Linda, work is more than just a job; it’s a testament to her life’s achievements. She often shares her wealth of experience with younger colleagues, offering guidance and wisdom.

But sometimes, Linda feels overlooked and disrespected by her younger coworkers. She values the organizational hierarchy and finds it frustrating when her experience is dismissed as outdated. Linda thrives when her knowledge is recognized and her advice is taken seriously.

How to Connect with Linda:

  • Show respect for her experience and knowledge.
  • Be open to her advice and guidance.
  • Avoid dismissing traditional methods outright.
  • Demonstrate reliability and commitment.

The Independent Achiever: Generation X’s Adaptability

Next, we have Alex, a Gen Xer who grew up during economic downturns and societal changes. Alex is fiercely independent and adaptable, traits honed from a young age. He appreciates clear instructions but prefers to work autonomously. Micro-managing or second-guessing Alex triggers his rebellious streak. He values professionalism and a low-drama work environment, where results speak louder than words.

Alex often finds himself clashing with both older, autocratic managers and younger, disorganized colleagues. His priority is a healthy work-life balance, and he expects the same from his workplace.

How to Connect with Alex:

  • Give him space and autonomy.
  • Provide clear expectations and goals.
  • Avoid micromanaging.
  • Be flexible with work schedules.

 The Enthusiastic Innovator: Millennial Energy

Then there’s Kanze, a Millennial bursting with energy and enthusiasm. Kanze thrives in team-oriented environments that encourage innovation. Comfortable with technology and remote work, Kanze values flexibility and expects recognition for achievements. Positive feedback fuels Kanze’s drive, and a lack of it feels like personal criticism.

Millennials like Kanze prioritize work-life balance, not because of a lack of commitment but due to a desire to achieve great results on their own terms. They seek opportunities for growth and advancement and are not afraid to pursue new opportunities if their ambitions are stifled.

How to Connect with Kanze:

  • Compliment achievements.
  • Acknowledge contributions.
  • Provide growth opportunities.
  • Be open to new ideas.

 The Creative Problem-Solver: Generation Z’s Fresh Perspective

Finally, meet Sam, a Gen Z who brings abundant energy, creativity, and fresh perspectives to the workplace. Growing up with social media and smartphones, Sam is a natural multitasker, adept at finding innovative solutions. Despite a strong affinity for technology, Sam craves personal interactions and values friendly relationships with coworkers and managers.

Sam often feels frustrated by dismissive attitudes from older colleagues who underestimate their capabilities. Gen Z values being taken seriously and contributing meaningfully, despite their young age.

How to Connect with Sam:

  • Show respect through bi-directional conversations.
  • Allow use of preferred technology.
  • Enlist their problem-solving skills.
  • Create an inclusive and collaborative environment.

Conflict in the Workplace: Is It a Generational Thing?

Imagine a team meeting where Linda, Alex, Kanze, and Sam are collaborating on a project. Linda’s extensive experience guides the team, but Alex resents being micromanaged. Kanze proposes a new tech-driven approach, which Linda finds unconventional. Sam, eager to contribute, feels dismissed by the others.

This scenario highlights how generational differences can lead to misunderstandings and conflict. However, it’s not just about generational divides; it’s about recognizing and valuing each individual’s unique strengths and perspectives. By approaching each other with curiosity instead of judgment, we can create a harmonious work environment where everyone feels respected and heard.

Bridging the Generational Gaps

Understanding generational differences is a valuable tool in our workplace toolkit, but it’s not a catch-all solution. Each person is unique, and not everyone fits neatly into generational stereotypes. Embracing these differences with empathy and openness allows us to build a collaborative, respectful workplace where everyone’s voice matters.

SabaSaba: A Day of Reflection, Resistance, and Remembrance

SabaSaba: A Day of Reflection, Resistance, and Remembrance

July 7, 1990, marks a pivotal moment in Kenya’s history. Known as SabaSaba, this day saw the country rise in a united call for multiparty democracy, shaking the foundations of an oppressive regime. The protests, spearheaded by brave leaders like Kenneth Matiba and Charles Rubia, echoed through the streets, demanding change and justice. Tragically, over 20 people lost their lives, and thousands were injured. The sacrifices made on that historic day compelled former President Daniel Moi’s government to allow multipartyism, forever changing the political landscape of Kenya.

Fast forward 34 years, and SabaSaba remains etched in the hearts of Kenyans. However, in 2024, this day has taken on a new, poignant significance. Recent protests against the Finance Bill 2024, spanning from June 18 to July 1, led to the deaths of at least 39 people, with 32 reported abductions and 627 arrests, according to the Kenya National Commission on Human Rights (KNCHR). The echoes of 1990 resonate deeply as Kenyans once again stand united against oppression and injustice.

This year’s SabaSaba is dedicated to the memory of those who lost their lives during the recent anti-government protests. A march has been organized to honor these individuals, whose voices were silenced by violence. The pain and grief felt by their families and the nation are immeasurable, yet their bravery and sacrifice inspire a renewed commitment to the fight for justice and equality.

Adding a harmonious note to the day’s solemnity, a memorial concert took place at Uhuru Park grounds in Nairobi. Organized by activist Boniface Mwangi and other dedicated individuals, this concert featured top Kenyan artists, uniting the community through music and shared sorrow. From 12 pm to 7 pm, the park echoed with melodies of resilience and remembrance, paying tribute to the fallen heroes of the protests

Siaya Governor James Orengo, a key figure in the original 1990 SabaSaba protests, has praised the youth for their unwavering commitment to democracy. In a powerful message, Orengo stated, “I am happy because the young people of this country have decided to march for their lives. I support you! I support your clarion calls of saying NO to dictatorship, NO to tribalism in state appointments, NO to police brutality, NO to corruption. I urge you to remain vigilant and steadfast because freedom is coming.”

What began as opposition to the Finance Bill 2024 has evolved into a broader movement demanding accountability from the Kenya Kwanza government. The youth, empowered by the legacy of SabaSaba, are now the torchbearers of a renewed struggle for justice. Their voices, loud and unwavering, call for an end to corruption, police brutality, and the entrenched tribalism in state appointments.

As Kenyans gather on this significant day, the emotions are palpable. There is a deep sense of loss, but also a burning hope for a better future. The spirit of SabaSaba, born out of struggle and sacrifice, continues to inspire generations. It is a reminder that the fight for justice and democracy is ongoing and that the sacrifices of the past fuel the determination of today.

SabaSaba is more than a date on the calendar; it is a testament to the resilience and courage of the Kenyan people. As we honour those who have fallen, we also celebrate the indomitable spirit that continues to drive the quest for a fair and just society. The journey is far from over but united, we move forward, ever vigilant, ever hopeful.

The Digital Dawn: How Kenyan Youth Harnessed Social Media to Ignite a Revolution

The Digital Dawn: How Kenyan Youth Harnessed Social Media to Ignite a Revolution

In the heart of Nairobi, a revolution brewed not with weapons, but with clicks, likes, and shares. This is the story of how Kenyan youth, armed with smartphones and a fierce sense of justice, challenged authority and demanded change.

It all began with the introduction of the Finance Bill 2024 by the government, igniting swift outrage among the populace. However, it was the youth who swiftly transformed this anger into action. Platforms like TikTok and X became pivotal as they were used to disseminate videos in various Kenyan dialects, explaining the intricacies of the bill and rallying widespread support.

In addition to educational content, the youth flooded social media with AI-generated images, songs, and compelling videos. These efforts aimed not only to inform but also to mobilize people across the nation.

Simultaneously, personal information such as the phone numbers of political leaders was leaked, enabling protesters to bombard them with SMS and WhatsApp messages. This tactic, while effective in amplifying their voices, prompted the office of the data protection commissioner to issue a stern warning, urging activists to cease these activities.

Despite dismissals from President Ruto’s allies, who labeled protesters as “wealthy, entitled kids” using Uber to attend protests with iPhones and dining at KFC. Hashtags like #OccupyParliament and #RejectFinanceBill2024 trended for days. Simultaneously, digital crowdfunding campaigns raised funds to support more protesters in Nairobi’s central business district, transforming what began as a small outcry into a nationwide protest.

President Ruto’s anger at the protests only fueled the movement further, leading to a significant shift in public opinion. Many who had once cheered Ruto’s promises of economic relief now found themselves standing in opposition to his proposed reforms. This shift underscored the power of digital activism to hold leaders accountable. Ultimately, the pressure generated by the protests and online campaigns compelled President Ruto to withdraw the Finance Bill 2024.

The Nationwide protests show that online pressure can make political leaders listen and act.

As the dust settles, one thing is clear: Kenyan youth have ushered in a new era of activism. Their creative, tech-savvy approach proves that revolutions can be fought with keyboards and smartphones.