Balance Justice and Stability in Kenya

The GS reads the Press Statement issued by the Programme Committee

The GS reads the Press Statement issued by the Programme Committee

 

Balance Justice and Stability in Kenya

 Press Statement

 1.      Preamble

The Programme Committee of the National Council of Churches of Kenya has met here at Jumuia Conference and Country Home, Limuru, for the last two days. During the meeting we not only transacted formal business but also reflected on various issues that are of national concern. The delegates in the meeting were challenged by the scripture recorded in Acts 20: 28 – “Keep watch over yourselves and all the flock of which the Holy Spirit has made you overseers. Be shepherds of the church of God, which He bought with His own blood.”

 

We now wish to share the following message.

 2.      Security Concerns  at the Coast

We are deeply saddened and disturbed by the sustained attacks on churches in parts of the Coast region, particularly Mombasa County. We take note that this year alone, these criminal activities have resulted in the killing of two pastors and a number of believers as well as destruction of church properties and facilities.

We demand that the persons behind these attacks be apprehended and be made to face the full force of the law. The government must take cognizance of the fact that Kenyans surrendered their right to bear arms on the premise that the government security agencies would secure them. We call upon His Excellency the President to deploy adequate security agents to the Coast and any other regions where there are risks to ensure that the churches and all residents are safe and that the criminals are investigated and prosecuted. No Kenyan should be made to feel that they don’t have a right to enjoy their God given and inalienable rights and freedoms anywhere in this country. This will resolve the current feeling among some pastors that they should be issued with firearms.

 3.      Salaries of State Officers and Elected Representatives

Three years ago, Kenyans passed and promulgated a constitution that gave the power to set salaries of all state officers to the Salaries and Remuneration Commission (SRC). The SRC is to have the final say on the matter of salaries and benefits, including those of elected representatives at national and county levels. We are therefore greatly concerned over the efforts by Members of County Assemblies (MCAs) and Parliament to engage in an unnecessary tussle with the Salaries and Remuneration Commission. We remind the elected leaders that Kenyans faithfully elected them to be their servants, and they should not be making these selfish demands. They must not hold the country hostage. We urge all Kenyans to demand that all MCAs go back to work.

 We also call upon Parliament to stop the drive to mutilate the constitution by removing themselves from the clauses that define “state officers”. And in the event that Parliament fails to heed this call, we urge the President to refuse to assent to the amendment.

 4.      The Cases at ICC

Over the last few months, the attention of the country has been on the two cases involving three Kenyans at the International Criminal Court, these being His Excellency the President, the Deputy President and a Journalist. Whereas these cases concern the three, the entire nation is affected in view of the positions held by the President and Deputy President.

Taking into consideration the sentiments that have been expressed by different people, it is our view that Kenyans should interrogate the various possible scenarios and their ramifications so as to make informed decisions. These scenarios are:

 

No

Possible Scenario

Possible Outcomes / Ramifications

1

Both the President and Deputy President attend the trial proceedings

  1. The continuous absence of the two leaders would impact on governance
  2. Development would be derailed as national attention is focused on the court proceedings
  3. The position of the President as Commander in Chief of the Defense Forces will be demeaned when the President is placed on the dock and his body guards disarmed at the ICC
  4. This could impact on national and regional security as the chain of command is interrupted by the absence of the President and Deputy President for extended periods

2

The cases are concluded and judgment made

  1. Both are convicted and sentenced to jail, in which case the Speaker of National Assembly would become Acting President and elections would be held within 60 days, with attendant and increased ethnic tensions and possible violence
  2. Both are acquitted, in which case they would return as heroes while some Kenyans would express dissatisfaction
  3. The President is convicted and jailed, while the Deputy President is acquitted, in which case the Deputy President would assume the position of President. However, political instability and violence could erupt.
  4. The President is acquitted while the Deputy President is convicted, in which case political instability and violence could erupt.

3

The United Nations Security Council resolves for a deferral

  1. The cases would be deferred for 12 months, with possibility of further deferrals after that. However, the fundamental issues and tensions that necessitated the ICC process are not addressed by a mere deferral
  2. The victims of the post election violence will face uncertainty over their hope for retributive justice at the ICC
  3. Governance and political stability will continue and increase over the periods of deferral

4

The President and Deputy President decline to attend the trial

  1. ICC issues arrest warrants against them
  2. Other countries impose sanctions on Kenya
  3. The sanctions, which will have no material effect on the suspects, negatively impact directly on ordinary Kenyans, with great ramifications on the nascent devolution and new dispensation which is poorly funded
  4. ICC will continue to dominate Kenya’s political narrative with heightened blame games between political protagonists
  5. National political stability may be maintained but the cooperation needed in the global family against terrorism is challenged leading to increased exposure in the region

 5.      NCCK’s Call for Deferral of the Kenyan Cases

Having considered these scenarios and their possible outcomes, and hoping that the victims of the post election violence and indeed all Kenyans continue having hope that justice can be found, we recommend that the Kenyan cases at the ICC are deferred for a period of one year.

Within the twelve months of deferral, the United Nations Security Council (UNSC) should demand the execution of a demonstrable strategic action to complete the reforms in the judiciary, security agencies and governance. There must also be put in place an authentic healing and reconciliation process based on a robust inter and intra ethnic dialogue amongst Kenyan communities.

In addition, the UNSC should provide an external audit and support structure and funding for the above processes.

Before the end of the deferral period, mechanisms should be found to determine whether Kenya is capable of bringing to a closure the issues at the ICC or whether the trials should be carried on to the end.

 6.      Withdrawal From the Rome Statute

The NCCK appreciates the importance of the ICC in the fight against impunity and abuse of political power against the citizens. We therefore advice that both the government of Kenya as well as other African governments pursue reforms of the ICC by State Parties to capture their aspirations rather than undermining it.

 The UNSC and ICC itself should engage the African Union in the journey towards a redemptive and sustainable outcome on ICC.

 7.      Message to Kenyans

As the government and the UNSC deliberate on the ICC and Rome statute matters, NCCK urges Kenyans to remain calm and hopeful. Let us all bear in mind that every one of the 41 million Kenyans has a duty to uphold the dignity of our country by keeping peace so as to secure its destiny.

 8.      Conclusion

In conclusion, we take this opportunity to wish all the candidates in the on-going Kenya Certificate of Secondary Examination (KCSE) as well as those waiting to sit for the Kenya Certificate of Primary Examination (KCPE) God’s blessings at this time so that they will perform excellently.

We urge all Kenyans to endeavour to make informed decisions so that we secure the future of our nation.

May God bless Kenya now and forever more.

Signed on this day of 30th October 2013 at Jumuia Conference and Country Home, Limuru.

 

Rev Dr Julius Karanja

Chairman, NCCK Programme Committee

 

Rev Canon Peter Karanja

General Secretary

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