2008 Speeches
“From Crisis to Opportunity: Sustaining Kenya on Its Democratic Path”
Speech at the Law Society of Kenya by United States Ambassador Michael Ranneberger
March 8, 2008
Good evening. I am honored and delighted to be invited to deliver the keynote address at the Law Society of Kenya’s Annual Dinner.
I cannot think of a more appropriate venue at which to deliver remarks regarding the current situation. You have grown from a society of less than 30 members in 1949 to become the largest and most respected bar association in East Africa. You have helped shape the national debate on a wide range of issues including multi-party democracy, corruption, land reform, and constitutional reform, among others. Your voices have been prominent and have thoughtfully influenced efforts to resolve the crisis of the past two months. Your voices will continue to resonate as the country tackles the challenging agenda before it.
I make my remarks in the spirit of the strong partnership and friendship between the United States and Kenya. We want to see Kenya sustained on its democratic path because that is in the best interests of all Kenyans, and because it is in our interest too. I truly believe that the profound crisis that Kenya experienced provides an opportunity for the country to emerge with stronger democratic institutions, a more cohesive society, and an even more vibrant economy that can more equitably benefit all citizens.
I am confident that Kenyans will seize this historic opportunity. My optimism is based on the substantial record of democratic achievement of the past five years, and on the successful way in which Kenyans resolved the electoral crisis. Although the crisis unmasked long-simmering underlying problems, it also revealed underlying strengths.
Kenya’s Democracy -- Underlying Problems, Underlying Strengths
Few other African countries and few other developing countries anywhere in the world could have survived the tremendous strains placed on their institutions by such a political crisis. The underlying strengths that helped Kenyans pull through include a dynamic civil society, strong religious institutions, the highest functional literacy rate in Africa, the enormous democratic space opened up since the 2002 elections, a forthright media, an increasingly modern and booming private sector, and a high rate of economic growth, to name just a few. Yet another important institutional strength of Kenya must be noted: the highly professional armed forces, whose integrity and professionalism shone throughout the crisis. Despite all the of problems many prefer to dwell on – including the undeniable inequity in the distribution of resources, corruption, and ethnic politics – Kenyans have remained remarkably engaged in the political process, as evidenced by the high turnout in the elections.
Four factors brought the parties to the negotiating table and produced a positive outcome. First and foremost, this democratic spirit was felt as Kenyans across the economic, social, ethnic, and political spectrum made their voices heard. The people sent a clear message to their leaders on both sides that they wanted a political solution to end the violence and return the country to a path of progress. Kenyans’ voices were heard through civil society, religious groups, the media, and the private sector. Kenyans placed remarkable pressure on the political leadership of both sides. Second, international pressure complemented this domestic outcry, and made clear to both sides that there was no viable alternative other than a political accord. Secretary of State Rice and Assistant Secretary Frazer traveled to Kenya to bolster the efforts of the African Union and Kofi Annan and urge an immediate end to violence. Third, President Kibaki and Honorable Odinga are essentially pragmatic politicians who have worked together before and who realized that they are accountable to the people. They saw that sharing power was the only way to prevent the country from slipping into chaos and isolation. Fourth, the negotiations greatly benefited from the skillful and forceful direction of Kofi Annan and his team. Kenya and friends of Kenya are grateful for their important contribution to peace in this country.
Kenyans should be justifiably proud that they have been able to find a way back from the edge of the abyss and sustain the country on a democratic path. The prevailing mood I sense in Nairobi and across the nation is one of immense relief, with a positive focus on the way forward. I found this to be true in the Rift Valley, during my visit on March 1st and 2nd. One highlight of that visit was speaking to several thousand primarily Kikuyu internally displaced persons at their camp and later – not more than one kilometer away – speaking at a peace rally attended by thousands of Kalenjins. My remarks to both groups about the need for reconciliation, support for implementation of the political accord, and justice were well-received.
The Way Forward
I am proud that the United States stood shoulder-to-shoulder with Kenya in its darkest hour, at times pushing both sides harder than they wanted to be pushed, because that is what a real friend does. In that same spirit of friendship, let me offer my thoughts on the steps that need to be taken quickly in order to maintain momentum.
First, President Kibaki and the Honorable Odinga must work together effectively to put in place the coalition government in a way that reflects the letter and spirit of the agreements signed. Government positions must be equitably shared but, even more importantly, immediate steps must be taken to carry through with the ambitious reform and national policy agendas, particularly with respect to constitutional, electoral, and land reform.
Second, a transparent process must be put in place to begin work on the reform agenda, to be completed within a designated timeframe. Work on the reform agenda needs to be inclusive, particularly through consultation with civil society.
Third, the Parliament must quickly pass the necessary legislation to make the coalition structure legal and constitutional. Let us not forget that well over 60 percent of all sitting MPs are newcomers who are being asked, without the benefit of orientation or training, to implement some of the most important legislation in Kenya’s history, and then to deal
with sweeping and long overdue reforms. The dynamic leadership of Honorable Speaker Marende and the political will – and goodwill -- of parliamentary leaders will be required to move forward quickly.
Fourth, political leaders, elders, and the respected personalities of Kenyan society from the top down must cooperate to send unequivocal messages on the importance of rapid reconciliation between communities and individuals. I urge President Kibaki and Honorable Odinga to undertake joint visits to encourage reconciliation, and to lead by example.
Fifth, urgent practical steps must be taken to advance the process of reconciliation by helping the country deal with the havoc wreaked during the crisis. This includes returning people to their homes in conditions of peace and safety as quickly as possible, and restoring their livelihoods. While returns must be voluntary, the right of every Kenyan to live and to own property anywhere in the country must be assured. Returning displaced to their so-called “ancestral homelands” is not a viable option politically, socially, or economically. Diversity is one of this country’s greatest strengths and it must be cherished. If people cannot return to their homes, it will validate violence and weaken the fabric of the nation. At the same time, appropriate assistance should be provided for all areas of the country affected by violence.
Sixth, steps to promote reconciliation must include establishing a legally independent Peace, Truth, and Justice Commission and holding those responsible accountable under the law. Kenyans are giving real meaning to my favorite verse in your national anthem: haki iwe ngao na mlinzi (justice is my shield and defender). One of the most important results of the mediation process was agreement to examine Kenya’s history of violence and the long-stranding grievances which fuel it. The proposed Peace, Truth, and Justice Commission must provide a meaningful channel for Kenyans to address both recent and historical injustices. In conjunction with Kenya’s criminal courts, this process must determine what happened during the recent violence and hold those accountable who organized, financed, and perpetrated the violence. Land issues are the basis of many of the long-standing grievances and the causes of violence. Instituting a process of land reform will be critical to fostering reconciliation and building long-term peace in Kenya.
Seventh, the Independent Review Commission charged with investigating the conduct of the 2007 general elections must credibly complete its work within the proposed timeframe. Chain of custody issues make it highly likely that we will never know what the actual vote was, but determining where and how the electoral system broke down is vitally important to fixing it and restoring Kenyans’ confidence in the democratic system.
Eighth, the crisis put into sharp relief the plight of youth, and that problem must be addressed. The massive unemployment among youth provided fuel for violence. A national youth agenda needs to expand vocational training and employment.
Ninth, concerted efforts must be made to get the economy back on track.
Only an inclusive process can turn the crisis that the country experienced into an opportunity. It will be up to you and to all Kenyans to insist that this be the case. President Kibaki and Honorable Odinga have found the political will to share power within a “grand coalition” government. How long this political will endures depends entirely on whether Kenyans take immediate and decisive advantage of the momentum at hand. Kenya has a finite window of time to address an ambitious reform agenda.
Perhaps the most important item on the reform agenda is constitutional change. Kenyans relentlessly debated almost every salient issue during the 2005 referendum, and did so after a broad consultative process. This shared national experience should give Kenya’s new parliamentary leaders a running start on resolving even the most difficult issues at hand. LSK’s Constitutional Law Committee Report of 2006 makes it perfectly clear, however, that – this time – constitutional reform must be gotten right. In the report, you said: “[T]he ramifications of the failed 2005 referendum … was a national catastrophe in which everybody lost. Billions of shillings of public money set aside for the constitutional review process were lost…. And worst of all, we emerged from the referendum a nation severely torn by ethnic balkanization.” Obviously, the stakes are an order of magnitude higher today. There can be no second failure.
While the current political accord justifiably focuses primarily on constitutional, electoral, and land reform, it is important not to loose sight of other pressing issues which must be addressed. These include intensified and more effective efforts to combat corruption; continued liberalization of the economic sector; and promoting gender equity, among others. There is an urgent need for reform in the judicial sector as has been made clear by the Chief Justice himself. This will require providing more resources for the judiciary, tackling judicial corruption by ensuring transparency and accountability, and making judicial proceeding more efficient and open. With an efficient, transparent and non-partisan justice system, Kenyans will no longer feel forced to take the law into their own hands. I salute the LSK’s leadership in the fight for legal and judicial reform.
Democracies in Crisis – the American Experience
The fact that Kenya has experienced such a fundamental crisis does not mean that the democratic progress made during the past five years was an illusion or that in some way Kenya is a fundamentally flawed country. Almost all democracies have experienced crises of similar or greater magnitude. Our own experience as Americans helps us understand what transpired here.
The experience of the Great Depression in my country exemplifies how a galvanized political leadership, sharing a unity of purpose, can move an entire country from fear and misery to prosperity and national renewal. Assuming the presidency almost 75 years ago to this very day and at the depth of the Great Depression, Franklin Delano Roosevelt vividly described the America he saw at the time of his inauguration: “[T]he withered leaves of industrial enterprise lie on every side, farmers find no markets for their produce, the savings of many years in thousands of families are gone. More important, a host of unemployed citizens face the grim problem of existence, and an equally great number toil with little return.” When President Roosevelt memorably went on to state that, “the only thing we have to fear … is fear itself,” he was really asking Americans to have faith in their government and – most especially – in each other. Capitalizing on broad support from Republicans and Democrats alike, FDR passed an extraordinary amount of legislation during his first 100 days in office. The New Deal, as it became known, reformed the very fabric of American business and society. The New Deal created jobs, including through a National Youth Administration. It included passage of sweeping farm and ranch policies. The New Deal transformed our nation, and America emerged from a profound crisis with stronger institutions.
Another American experience also exemplifies how crisis can be turned into opportunity for national renewal. After the Reverend Dr. Martin Luther King was assassinated in 1968, many of the largest U.S. cities erupted into violence. This became so serious that military forces had to be deployed to restore order. The assassination was the spark that set off the riots, but the violence reflected the anger of the black population of the United States regarding underlying grievances not resolved since the Civil War 100 years before. Once again, Americans rose to the challenge and seized the opportunity for fundamental change. Poverty programs were expanded, urban problems were addressed, the inner cities were rebuilt, and civil rights legislation was passed. As a result, our country again emerged with stronger institutions, a stronger economy, and a more inclusive society.
Kenya, the U.S., and the Global Community
The extraordinary amount of attention Kenya received during the crisis reflects its importance in the regional and global context. The crisis demonstrated that Kenyan stability is critical to the economies and the stability of the entire region. Kenya is home to the most effective peacekeeping training facility in the region. Kenya’s leadership on Sudan directly led to the Comprehensive Peace Agreement. The Nairobi Accord helped the governments of DRC and Rwanda adopt a common approach toward eliminating the threat posed by rebel forces. Bringing stability to Somalia requires Kenyan influence and assistance. Kenya is now uniquely positioned to show the region and the world that through dialogue and a commitment to reform it is possible to rise above political crisis and come out even stronger than before.
Earlier this week I met separately with President Kibaki and Honorable Raila Odinga to discuss the way forward. As a result of those conversations, I am convinced that both men understand the opportunity at hand. They recognize that the seeds of Kenya’s future must be planted now, and share a sense of urgency. I told them that we want to help. We are moving quickly to amplify the U.S.-Kenyan partnership, which already results in about $2 billion of resource flows from the United States to Kenya each year. We will make a concerted effort to encourage expanded trade, investment, tourism, and cultural and educational exchanges.
I am pleased to announce that the United States will provide an additional $25 million in funding for reconciliation and reconstruction. This $25 million is in addition to the $14 million in immediate humanitarian assistance the United States has provided since January. This $25 million will be used to: promote dialogue and reconciliation; facilitate the return of the displaced to their homes and resumption of their livelihoods, as well as assistance with related infrastructure and youth agenda programs; support for implementation of the coalition accord, particularly carrying through with the reform agenda; and assistance for key governance programs, including strengthening the Parliament and supporting as appropriate establishment of the new office of the Prime Minister. We will, of course, consult closely with the coalition government and civil society as we move ahead.
Secretary of State Rice has also pledged to encourage other donors and international financial institutions to provide the support that Kenyans require in order to turn the crisis they experienced into an historic opportunity. Greater involvement by the international community will help to ensure that institutional reform is carried out in a timely manner. In doing so, we will be supporting a Kenyan agenda implemented by Kenyans – and not one imposed from outside. International support will, of course, be linked to good faith efforts to implement the political accord and reform agenda. This will complement the desire of Kenyans to hold their leaders accountable.
Kenya stands at a defining moment in its history. The political accord is the first step on what will be a long and challenging journey – but the United States will travel it with you. We are confident about Kenya’s future, even “bullish.” I wish the Law Society of Kenya and the Kenyan people well as you continue to pursue your democratic experiment – one that Americans continue to pursue after 232 years of independence.
Thank you.