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State of the Nation Report by the Kenya National Civil Society Leadership
November 20, 2024
A state of the nation Report by the Kenya national Civil Society leadership, issued on 20th November 2024.

November 20, 2024

As President William Ruto prepares to present his State of the Nation Address to the joint sitting of Parliament on Thursday, November 21, 2024, we wish to issue this People’s SoTN report to help Kenyans understand that the President’s report shall largely be a PR address to tick boxes as required by Article 132 of the Constitution.

Introduction

Article 132 (1) c) requires that the President Shall once every year

  1. report, in an address to the nation, on all the measures taken and the progress achieved in the realisation of the national values, referred to in Article 10;
  2. publish in the Gazette the details of the measures and progress under subparagraph (i); and
  3. submit a report for debate to the National Assembly on the progress made in fulfilling the international obligations of the Republic.

This report comes at a time when nearly 75% of Kenyans believe that the country is headed in the wrong direction and 70% believe that the President is the most responsible for the wrong direction the country is headed (Infotrak). Every sector of the political economy of our country is worse off now than it was when President William Ruto was sworn in in September 2022.

The main reason the country is headed in the wrong direction is because Kenya has a president who does not listen to the people of Kenya, acts in violation of the Constitution and is hellbent on emasculating Kenyan institutions and people so that he can rule over us rather than govern as a servant leader. As the leaders of the Civil Society Organizations and community in Kenya we therefore fully endorse the communique issued by the Kenya Conference of Catholic Bishops on November 14th, 2024 because the Bishops spoke for all Kenyans.

THE NATIONAL VALUES AND PRINCIPLES OF GOVERNANCE STATUS REVIEW

A. Patriotism, national unity, sharing and devolution of power, the rule of law, democracy and participation of the people;

  • Patriotism: patriotism has been undermined extensively with the President and government’s zealous policy of taking Kenyans to work for other economies and countries. A government that destroys the economy at home so that it can focus on pushing Kenyans out of the country whereas its ministers and high-level officials are displaying opulence and arrogance. This administration has undermined national interest so extensively and patriotism has waned.
  • National Unity: The government policies and actions especially the ethnic appointments had weakened unity among Kenyans. The Gen-Z united the country against the corrupt public and state officials, especially in Parliament and the Executive who brazenly live large as Kenyans suffer in poverty and want. Kenyans are very united at the moment, but in their quest to end the wastage, lavish living, corruption and incompetence of the ruling elite.
  • Sharing and Devolution of Power: Devolution in Kenya is on its deathbed. The Ruto led administrations has been recentralizing service delivery and sending less resources and further delaying the little that is going to devolved governments. As we issue this report, county government are on the verge of closing down.
  • The rule of law: the biggest crisis in Kenya since July 2023 is the unabashed impunity and near complete suspension of the constitution of Kenya by the President and Executive. The President has led a State capture campaign of weakening, intimidating and paralyzing many constitutional bodies including Parliament and the Judiciary, Constitutional Commissions and Independent offices.
  • Democracy Participation of the people: The country does not have a properly constituted IEBC. This is a deliberate scheme by the State to ensure that the people of Kenya do not recall elected representatives and the whole of this administration for its unacceptable incompetence and violations. The Supreme Court of Kenya has recently declared that public participation is merely procedural and not a requirement in governance processes in Kenya. We plan to take steps to ensure that both a credible and strengthened IEBC is constituted and to ensure that Public participation is provided for sufficiently including through the rolling out of a substantive publicly funded civic education program for all citizens of Kenya.
  • Human dignity and Article 43 of the Constitution on Socio-economic rights
      1. The Ruto regime has extensively undermined the rights of Kenyans to healthcare, education, and food therefore exposing Kenyans to wanton suffering. The new Social Healthealth care policy whereas publicized as the revolution of health care due to its rushed implementation has further exacerbated the suffering of Kenyans who now have to go into their pockets to fund their healthcare needs.
      2. The demolitions that took place during the flooding early this year left about 500 residents and 143 families in Mukuru Kwa Njenga in the cold.
      3. The lack of social protection for the majority of Kenyans who have been exposed to poverty due to high levels of unemployment and excessive taxation is worrying as Kenyans cannot afford the very basic needs in their homes.
  • Equity, Equality, Inclusiveness, Social justice and Non-discrimination
      1. The Ruto administration has reneged on its 9-point agenda towards promoting gender equality. The Not more than two-thirds gender principle has not been operationalized and the President has failed to observe that principle even in appointments to his cabinet.
      2. The discrimination and Protection of the marginalized against Kenyans on the grounds of sex, age ( young people continue to suffer the tragedy of unemployment and poverty) disability, religion and ethnicity is rampant in Kenya.
  • Human rights
    1. Since Ruto was sworn in, the wave of extra-judicial killings, abductions, torture, disappearances, arbitrary arrests, the criminalization of the rights and freedoms to assembly, expression, media, association, demonstration and petitioning of government authorities have all escalated uncontrollably. In one sentence, the Ruto administration has turned Kenya into a Police State.
    2. Ruto’s regime has breached various international obligations under international human rights treaties including the International Covenant on Civil and Political Rights (ICCPR) and the 1951 Geneva Convention among others. These include the arrest and deportation to Juba of South Sudanese activist Morris Mabior Awikjok Bak on 4th February 2023; the Arrest and deportation of four Turkey refugee nationals contrary to the non-refoulment principle under the Refugee law; and Recent arrest of Dr. Kizza Bessigye, Ugandan opposition leader who was arrested on 17th November 2024 on the night he scheduled to attend Hon. Martha Karua’s book launch.
    3. Ironically, it’s this President who promised that none of these egregious acts of human rights violations were going to take place under his administration. What we witnessed during the pro-good governance demonstrations against the Finance Bill 2024 in June and July was at a scale like we never witnessed even at the height of the Moi dark days.
    4. We believe that Ruto’s regime ought to be investigated for the country to establish what exactly happened during the 2023 Azimio-led demonstrations and the 2024 Gen-Z-led #rejectFinance Bill demonstrations.

C. Good governance, integrity, transparency and accountability;

  • Good Governance: Integrity, Transparency and Accountability

The dropping of cases brought against corrupt public officials in the Ruto regime stinks to the high heavens. The cases of mega corruption under the Ruto regime are dizzying. For example, the Edible oil scandal, and Adani deals, among others for which to date there has been no action. Anti-corruption agencies, specifically the Office of the Director of Public Prosecutions (ODPP), seem to have run out of energy, direction or belief in the fight against corruption.

D. Sustainable development

  1. Public debt, the economy and budget deficit: We demand an immediate forensic audit of Kenya’s National public debt through a multi-sectoral Commission led by the auditor general. This multi-sectoral Debt audit Commission should be set up through an Act of Parliament to bring on board: professional bodies, Youth serving organizations, OKOA Uchumi coalition of CSOs, religious coordinating bodies, Trade Unions, the Private Sector Alliance, and representatives of MPs in the debt and public finance committees of the National Assembly and Senate. This Commission shall act as the oversight agency to help the Auditor General carry out this exercise effectively and within a very short period of time.
    1. Going forward, it will be necessary that public borrowing observe the principles of inter-generational equity. The recklessness and corrupt borrowing that has piled an unsustainable odious debt on the country must not be allowed to recur as it robs future generations of the opportunity to finance development.
    2. It is necessary that Kenya sets up a National Sovereign Wealth Fund after the forensic audit of the public debt to ensure that our natural resources are utilized in the national interest.

E. Meeting International Obligations and safeguarding the Sovereignty of the people of Kenya

Kenya is a signatory to a number of treaties which touch on the aforementioned issues raised in this statement, moreover;

  1. Against our constitution in Article 2 and Article 10 on Public Participation and good governance principles, the President flew to the US and entered into several agreements including military pacts, allowing the setting up of a massive military base in Lamu.
  2. The President also allowed Kenya to be made a non-Nato ally of the US. All these agreements that extensively violate the sovereignty of the Republic of Kenya were not presented to Parliament for discussion and approval and for others to be ratified through a referendum as it is necessary. Kenya cannot be a non-Nato ally of the US without Kenyans ratifying this through a referendum.
  3. Misuse of Powers and Privileges Act: On 4th October 2024 Cabinet Secretary for Foreign Affairs and Diaspora Affairs, Musalia Mudavadi published legal notice no.157 to the effect that the Bill and Melinda Gates Foundation has been granted privileges and immunities equivalent to those of bilateral partners, like the United Nations and other International Organizations; whose governance, unlike the UN is neither transparent, not open. This move could shield the foundation from accountability and set a troubling precedent for other foreign organizations seeking similar privileges.

Our irreducible demands as civil society organizations in Kenya

  1. We demand from the National Cohesion and Integration Commission (NCIC), National Gender Equality Commission (NGEC), Public Service Commission (PSC) and Kenya National Commission on Human Rights (KNCHR) to develop a joint publication of all the state appointments that have been made since Mr. Ruto was sworn into office. The ethnicization of the public service and State agencies is now a pandemic.
  2. We demand that Mr Ruto and the political class stop meddling and frustrating independent institutions responsible for investigation, prosecution and the hearing and determination of corruption and human rights cases.
  3. We demand a report of the implementation of austerity measures as promised by Mr. Ruto, including capping foreign travels, reducing the number of advisors, and abolishing the offices of the First and the Second Ladies amongst others.
  4. We also demand that the Government revokes the unpopular funding model that segregates our University students into economic bands and revert to the former University funding model that was not discriminatory.
  5. We demand that the government immediately implement the Collective Bargaining Agreement (CBAs) that they have signed on to, including with Doctors, Universities and others to allow normalcy at our critical institutions.-
  6. We demand an official statement from the Speaker of the National Assembly on the state of the process of appointment of new IEBC commissioners.
  7. We demand that Mr. Ruto and his government initiate and/or conclude investigations of human rights violations stipulated herein above and publish a report finding to the public. Failure to adhere to this demand the civil society organizations will trigger the people’s constituent power, and invite the United Nations’ special mechanism to investigate the various human rights abuses in Kenya for the past two years.

Conclusion

Kenya needs a government that upholds the constitution, the rule of law, respects the people of Kenya and serves the interests of the Kenyan people. We believe that the Ruto administration has lost direction. This administration can not be trusted with upholding the national interest. Kenyans need an alternative voice that can keep the government on check now that ODM has joined the Ruto administration in full. Kenyans need to be treated with dignity and their voices must be respected. Kenyans need to get and see the value of their taxes through prudent, transparent and accountable expenditure. Kenyans need to be respected not to be subjected to fear of reprisals for their divergent views. We are ready to work with our religious leaders and other sector leaders to TAKE OUR COUNTRY BACK from these group of officials who have decided to serve themselves and auction our country to foreigners and private individuals.

This statement has been signed by the following Civil Society Organizations and Coalitions.

  1. Independent Medico-Legal Unit (IMLU)
  2. Constitution and Reform Education Consortium (CRECO)
  3. Defenders Coalition ( National Coalition of Human Rights Defenders)
  4. Inuka Kenya Ni Sisi! Ltd
  5. The Institute of Social Accountability (TISA)
  6. Okoa Uchumi Coalition
  7. Transparency International Kenya (TI-Kenya)
  8. Kenya Human Rights Commission (KHRC)
  9. United Disabled Persons of Kenya (UDPK)
  10. Civic Freedom Forum (CFF)
  11. Partnerships for Empowerment and Networking in Kenya (PEN Kenya)
  12. Kariobangi Paralegal Network
  13. Wangu Kanja Foundation
  14. Kenya Section of the International Commission of Jurists (ICJ-Kenya)
  15. Police Reforms Working Group
  16. Okoa Uchumi Coalition
  17. Civic Freedom Forum
  18. Missing Voices Coalition
  19. National Integrity Alliance