20TH JUNE 2023, 09.00 (EAT)

The Police Reforms Working Group (PRWG) has supported and advocated for police reform since the promulgation of the 2010 Constitution. We are cognizant of the police reform journey especially concerning where we came from and where we want to go as a country.

Our attention has been drawn to the supremacy battle between the National Police Service Commission (NPSC) and the Inspector General of Police (IG) regarding the promotion of over 500 police officers.

How policing is carried out is at the centre of the freedom, democracy, and human rights struggle in Kenya since Kenya gained independence. Policing before 2010 was a cesspool of tribalism, nepotism, corruption, state capture and human rights violations against the people of Kenya. The police were an extension of and beholden to the regime and were used to harass and neutralise any persons who would challenge the government of the day. For acting at the behest of the political elite, they were allowed to abuse and extort Kenyans without consequence.

After the atrocities of the Post-Election Violence (PEV), where police were responsible for 400 out of 1133 deaths, police reforms were meant to realign policing to transform it into a service dedicated to protecting the life, rights, and property of all Kenyans in a professional, accountable and human rights compliant manner.

In line with the recommendations of the Philip Waki Report on Post Elections Violence, the Phillip Alston Report on Extra-Judicial Killings and the Philip Ransley Report on Police Reforms, the 2010 Constitution was explicit that a separate, independent civilian body should carry out human resource functions, i.e. the employer of all police officers in Kenya.

However, we are increasingly witnessing a clawback of these reforms. Firstly, Parliament removed National Police Service Commission’s role in the recruitment and appointment of the IG; second, Cabinet Secretaries often give operational instructions to the IG contrary to the law. The latest development, the tussle between the NPSC and the IG regarding the promotions of officers illustrates either a misinterpretation or contempt of the sovereign will of the people of Kenya.

We would like to point out clearly that the Commission is the police employer, in charge of the human resources function. We reiterate that the Commission draws its powers and functions from Article 246 of the Constitution, which gives it powers to recruit and appoint persons to hold or act in offices in the Service, confirm appointments, determine promotions and transfers, and exercise disciplinary control over and remove persons holding or acting in offices within the Service.

On the other hand, we affirm that the Inspector General is the overall commander of the NPS, and not the employer. The IG is mandated under the NPS Act to implement policy decisions, audit police operations and functioning, co-ordinate all police operations, prepare budgetary estimates and develop a policing plan. He is to determine the establishment and maintenance of police stations, posts, outposts, units or unit bases in the county and determine the boundaries of the police stations, outposts or unit bases. He is to determine the distribution and deployment of officers in the Service and recommend to the Commission.

We know that The NPSC have a working arrangement that officially delegated promotions of officers below the Assistant Superintendent of Police or Deputy OCS rank. It does not include transfers and dismissals.

The PRWG-Kenya reiterates that all human resources functions of the National Police Service belong to the NPSC. The IG (the Commander of the NPS) and 2 Deputy IGs, sit in the NPSC to ensure their concerns and input regarding operations and officers are tabled, discussed, and considered by the NPSC.

The PRWG-Kenya, therefore, demands the following: -

1. The NPSC stamp its authority regarding its mandate and jealously protects it. The sovereign people of Kenya gave them that mandate, and they are the only ones who can remove or reallocate such powers.
2. The IG forthwith ceases to disregard the law and the Constitution regarding promotions, transfers and other human resource functions. The IG’s opinion, wishes and reservations should be canvassed at the Commission level, where he sits as a member alongside his deputies.
3. The NPSC and the IG must work together to ensure Kenyans have an accountable and professional police service. The Constitution does not envisage a situation where the two offices work independently of each other.

We reiterate that the current situation is injurious to the morale of police officers, and by extension to the security and safety of all Kenyans, and should therefore be resolved without further delay.

This statement is signed by members of the Police Reforms Working Group-Kenya, an alliance of national and grassroots organisations committed to professional, accountable and human rights compliant policing.

PROTECT PUBLIC PROTESTS, PROTEST ELITIST TALKS

Press Statement: 1^st May 2023, Nairobi, Kenya

Kenya Human Rights Commission (KHRC) wishes to re-express its position on the standoff between the political elite: the regime in power and the opposition regarding the continuation of public protests slated for tomorrow and the failures of the so-called "bi-partisan talks". There is a positive relationship between the two issues and processes!

We wish to reiterate that Kenya is democratic and not a police or military state and therefore the President and County Commander (CC) of Nairobi have no mandate within the law to curtail fundamental rights and freedoms.

Public Order Act does not in ANY WAY give police (through the office responsible who in this case is the Officer Commanding Police Station-not even the President or CC) powers to allow or disallow public protests and gatherings.

It is also important to emphasize the fact that organizers in this context the Opposition under Article 37 of the Constitution have a moral and legal duty to ensure that their protests and other events are undertaken in a peaceful, non-violent manner and that the protestors are unarmed.

The role of the police is to support the organizers and ensure that those who break the law are apprehended and prosecuted civilly. We have had many situations where police work with organizers in civil society to develop a joint strategy for ensuring peaceful and successful protests. That only works when police don't work under the "orders from above". It's time we had a truly independent police service as opposed to a force.

Finally, it is unfortunate that this stalemate is being deepened by the failures of the political cabal to agree on the best process and forum for canvassing the key economic, social, and political governance issues affecting the country.

We continue to oppose the proposed bipartisan process which as we have earlier indicated with sector partners is a repeat of the previous elitist, minimalist, captured and compromised reforms that lack public interests and forestall opportunities for truly people-led conversations.

The current contestation should be about how to create a more inclusive process adding into the political group the core non-state-civic and corporate actors; expanding the agenda to espouse both the emerging critical and unresolved historic issues which are adequately documented. In a nutshell, the process should be people-centric and not driven by the selfish political interests of a few individuals.

Thus, we demand as follows:

1. Public protests that are DEVOID OF:

1. Any limitations by the regime in power
2. Violence by the police force, protest organizers and protestors.

We will be monitoring and responding to this situation closely and we also call upon the         Kenya National Commission on Human Rights and the Independent Policing Oversight         Authority to remain vigilant over the same.

2. Properly inclusive and pro-people talks and reforms, addressing the real issues affecting the citizenry.

Finally, we call upon the people of Kenya to zealously safeguard the Constitution and defend their civil and democratic rights and spaces against the capture by the political and state elite.

Press Statement - Protect Public Protests, Protest Elitist Talks

DECRIMINALISING PROCUREMENT OFFENCES UNDERMINES ANTI-CORRUPTION EFFORTS IN KENYA!

We, the undersigned civil society organisations working on promoting good governance, rule of law, transparency and accountability in government, wish to unequivocally and in unison express our displeasure on the proposed amendments contained in the Anti-Corruption and Economics Crimes (Amendment) Bill, 2023 sponsored by Mbeere North MP, Geoffrey Kariuki Ruku because they pose a significant threat to the progress made thus far in the fight against corruption.

The bill proposes to repeal two instrumental sections of the Anti-corruption and Economic Crimes Act (ACECA), 2003 – a legal framework for preventing, investigating, and prosecuting corruption-related offences and economic crimes. Hon. Geoffrey Kariuki proposes amendments to sections 45(2) (b) and (c) of the ACECA that specifically address offences related to non-compliance with procurement guidelines and the implementation of unplanned projects.

We aver that the drafters of the ACECA did not intend section 45 to be merely superfluous, lofty or ornamental to the ACT, they intended to have these sections as a substantive bite – to promote responsible and ethical practices in public procurement, ensuring that guidelines are followed and that no officer engages in a project without prior planning, to maintain transparency and accountability. Since the establishment of ACECA in 2003, provisions of section 45 have been instrumental in the successful prosecutions of several individuals involved in corruption. In fact, procurement-related graft cases have been among the most litigated provisions in anti-corruption offences. As such, any attempt to tamper with or weaken these provisions will lead to the inevitable fatality of ACECA and the war on graft. We are therefore perplexed by Hon. Ruku’s suspicious sinister and misadvised motives to propose the repeal of these sections that dictate such drastic and gross offences, which according to his proposal, should be relegated to the realm of administrative processes which are of less deterrence to individuals intent on engaging in acts of corruption.

We also wish to remind Hon. Ruku that our country loses close to one-third of its budget on corruption with procurement being the biggest avenue for graft. Kenyans can still remember the procurement-related scandals that occurred at the Kenya Medical Supplies Authority (KEMSA) during the height of the Covid19 pandemic, in which we lost about Ksh 7 billion; the National Youth Service (NYS) scandal that amounted to Ksh. 1.9 billion in losses, and the recent Mosquito nets procurement scandal at KEMSA that has seen Kenyans lose about Ksh 3 billion. These are just but among the numerous procurement-related scandals that have riddled this country despite having ACECA and other legislative, policy and enforcement mechanisms, which have not fully addressed the corruption headache and thus if anything, they need to be strengthened and not weakened. In fact, Kenyans should be more worried about the magnitude of the corruption scandals we are likely to face if ACECA is weakened.

Moreover, the current government, including President Ruto himself has acknowledged the scourge of corruption and its negative impact on the economy and realisation of the government’s goals and commitment to fighting corruption. Besides, public opinions and perception reports have indicated the high levels of corruption in government and the lack of commitment by the government in fighting corruption. A proper reflection on these facts leads to the inevitable conclusion that the MP’s proposal is misguided.

That notwithstanding, we acknowledge that Parliament in its entirety has the final mandate to debate and pass legislation. We invite Parliament, through the relevant Committee (Justice and Legal Affairs Committee) and through the plenary, to do the honourable thing for this country, and resoundingly reject the Bill. In the highly unlikely event that the Bill goes through Parliament, we ask the President, William Ruto, to reject it as it will only serve to derail his agenda to rebuild Kenya's economy as the proposed amendments only serve to escalate fraud, waste and abuse of public resources amidst a severe economic crisis.

Lastly, we call upon all other stakeholders to come together in one voice and oppose this draconian bill. We are cognisant that Kenyans are currently going through a difficult economic period with the high cost of living, rising prices of basic commodities, and high taxes. The least we can put up with is the pilferage of public funds. If we don’t speak up now against this and any other attempts to weaken our laws, things will only get worse. Power belongs to us, the people of Kenya, and we must remind our MPs that they should only be subservient to the public interest, and Kenyans are watching keenly.

– END –

Signed

1. Beather Juma Kokach ………… Regional Director, EACOR

2. Davis Malombe ……………….. Executive Director, Kenya Human Rights Commission

3.Sheila Masinde………………… Executive Director, Transparency International Kenya

4. Diana Gichengo ……………… National Coordinator, The Institute for Social Accountability

5. Caroline Gaita …………………Executive Director, Mzalendo Trust

6. Caleb Wanga…………………Usalama Reforms Forum

7. Michael Oduor ……………… Kawangware Youth Paralegal Trust

Past Learnings Must be ‘at the heart of implementing’ a Digital Identity System in Kenya

Civil society organisations in Kenya have noted with concern a number of recent government pronouncements aimed at creating a new digital identity system for all Kenyan citizens. On 13 May 2023, the Principal Secretary for the State Department for Immigration and Citizen Services, Ambassador Julius Bitok announced government plans to establish a new digital identity system for all Kenyan citizens referred to as the Unique Personal Identifier (UPI).

The Kenyan government plans to roll out the UPI initiative on 1 July 2023 with an aim to provide citizens with a lifelong identification number starting from birth that will eventually serve as an ID number. According to the government, it will be issued at birth for all newborn children in hospitals and to adults when applying for an ID.

The UPI as formulated is intended to be the main access point for citizens to access government services such as the Kenya Revenue Authority (KRA) and National Social Security Fund (NSSF), according to PS Bitok.

As civil society organisations, we recognise that a digitisation of public and government services is inevitable and has the potential to make citizen services more accessible and convenient; we laud government efforts to better serve citizens. It cannot, however, be ignored that a transition of this magnitude comes with pitfalls that must be addressed,- especially if the design and implementation process is not conducted in a transparent, inclusive and human-rights-centred manner.

Concerns in the proposed roll-out of UPI include lack of transparency on the legal basis of UPI, lack of effective, nation-wide public participation on the system, uncertainty about data protection, whether human rights impact assessments will be conducted and made available for public review, including the assessment of the risks of exclusion of millions of Kenyans, and the speed which the roll-out is being planned.

While the government is engaging a select few civil society and other stakeholders, there needs to be a broad-based engagement to ensure this initiative moves in the right direction. Lessons from Huduma Namba rollout show that if not done right, implementing digital ID systems produces further inequalities for minority and historically marginalised communities, including the Nubian, Borana, Swahili and Somali communities as well as
double registered persons (Kenyans whose biometrics are in the refugee database) who already struggle with systemic discrimination in obtaining registration and nationality documents.

The introduction of UPI could also increase inequities for vulnerable communities who do not have access to birth certificates and IDs due to discrimination, distance, cost, corruption, and other barriers and they may be further excluded from the opportunities provided by UPI.

“While it is important for the government to make changes that better the lives of its citizens, digitization of vital and essential processes - such as the identification process - bears an implication on wide swaths of the population.”

We call on the government to slow down and not rush to introduce the new digital identity system (UPI). We ask the government to instead, first engage the public, assess what needs to be done, and institute strong technological, policy and legal frameworks to guard against the long-term problems such a system is likely to bring.

“Having been through a similar but largely flawed and poorly rolled out process with the Huduma Namba, we reiterate that in order for the implementation of the digital identity system in Kenya to be inclusive and human rights centred, it is imperative that the government incorporates past learnings in a transparent manner and implements court orders arising from Huduma Namba litigation. The questions still remain; will these digital identity systems be inclusive or merely a replication of the mistakes made in the implementation of the Huduma Namba project.”

If not done conscientiously and consultatively, replicating past mistakes will almost certainly occur. While acknowledging the government’s recent commitments to issue ID cards within 21 days nationwide and issue birth certificates on the same day, we also seek redress for the lack of implementation of this directive and the administrative hurdles that have effectively denied people access to identification for so long. Those hurdles include the inaccessibility of registration centres, arbitrary and discriminatory practices used to deny people identity documents under the current ID registration process, and the shifting of this burden from communities.

As our courts pointed out before the implementation of Huduma Namba, a ‘new’ identity system must not replicate ‘old’ injustices. The government must ensure that the circumstances of historically disadvantaged communities are considered and that marginalised groups are included before introducing a new digital identity system.

LIST OF ORGANISATIONS

1. Nubian Rights Forum
2. Namati Kenya
3. Access Now
4. Kenya Human Rights Commission
5. Haki na Sheria Initiative
6. Article-19 East Africa
7. Centre for Minority Rights Development (CEMIRIDE)
8. Katiba Institute
9. Defenders Coalition

Furthermore, we call upon governments, regional bodies, and international organisations to denounce this legislation and exert diplomatic pressure on Uganda   to uphold the principles of human rights, equality, and non-discrimination. We encourage all to use their influence to support repealing the Anti-Homosexuality Act and promote laws and policies that safeguard the rights and well-being of all individuals, irrespective of their sexual orientation, gender identity or gender expression.

To the LGBTIQ+ community in Uganda, we want to assure you that you are not alone. We stand beside you in this challenging time and will continue to advocate for your rights, safety, and well-being. We urge the international community to  provide support and resources to organisations and activists on the ground who are working tirelessly to protect the rights of LGBTIQ+ individuals in Uganda.

Finally, we reiterate our commitment to the principles of human rights, equality, and justice. We will continue to collaborate with like-minded organizations, both locally and internationally, to create a society that embraces diversity  and  respects  the rights and dignity of all individuals, regardless of their sexual orientation or gender identity and/or expression.

  THE RED CARD CAMPAIGN 

 NOMINATION BY PRESIDENT WILLIAM RUTO OF MR NOORDIN HAJI FOR APPOINTMENT AS SPY CHIEF IS AN AFFRONT TO THE CONSTITUTION OF KENYA 2010

FOR IMMEDIATE PRESS RELEASE

Sunday, 21st May 2023, Nairobi - Kenya

We, Civil Society Organisations, under the banner of the National Integrity Alliance (NIA), express our strong objection to the recent nomination by President William Ruto, of Mr Noordin Haji, the Director of Public Prosecutions (DPP) to head the National Intelligence Service (NIS) because of Mr Haji’s compromised track record and failure to fulfil his constitutional obligations while serving as the DPP.

Mr Haji has in the past demonstrated gross misconduct, incompetence and non-compliance with the Constitution of Kenya 2010, specifically Chapter 6 on Leadership and Integrity, the Public Officer Ethics Act 2003, the Leadership and Integrity Act 2012, the Office of the Director of Public Prosecutions Act 2013, and the Decision to Charge Guidelines 2019.

Chapter 6 of the Constitution of Kenya establishes a high standard for public officers, including those in positions of leadership and authority. It emphasizes the values of integrity, accountability, and ethical conduct, which are essential for upholding the rule of law and ensuring the effective functioning of our democratic institutions. Regrettably, Mr Haji’s past actions while serving as the DPP have demonstrated a clear disregard for these fundamental principles.

In the past eight months, Kenyans have been astonished by a pattern of the withdrawal of corruption cases involving certain politically connected individuals, a number of whom have been appointed to executive positions, which raises doubts about the DPP's impartiality and his commitment to fighting corruption — a pervasive problem that continues to hinder Kenya's progress. About 8 graft-related cases including (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 - CS Ministry of Public Service, Gender and Affirmative Action – graft case - Ksh 19 million;  R. V Ben Chumo & others –Ksh 400 million; R v Dr Ken Tarus & 8 others - Ksh 159 million) have so far been withdrawn by the ODPP under Mr Haji’s watch, a clear indication that he failed to exercise authority in a manner that promotes public confidence in the integrity of his office contrary to Article 73 of the Constitution of Kenya. If the 8 cases listed above had been adjudicated to a conclusion, and successfully, Kenyans would have recovered about Ksh 11.3 billion, let alone the time and resources spent in the adjudication process which could have aided in dispensing other cases at the judiciary. That is the cost that Kenyans have to bear in a period of extreme financial difficulties, due to Mr Haji’s actions in leading the botched prosecution of these cases.

Further, Mr Haji has by his own admission indicated that he was politically influenced and demonstrated a lack of objectivity in decision-making. He failed to ensure that decisions are not not influenced by favouritism, other improper motives, or corrupt practices because withdrawal of charges against specific individuals who have clear political connections without withdrawals against their co-accused as evidenced in several instances. This goes against the principles of the ODPP act in section 4  and in particular rules of natural justice, promotion  of confidence in the integrity of the office and the need to serve the cause of justice and prevent abuse of the legal process and public interest.

The National Integrity Alliance has repeatedly called out ODPP for flawed prosecution of corruption cases, hoping that the institution will be accountable to Kenyans, but to no avail. Article 158 sets out that the Director of Public Prosecutions may be removed from office on the grounds of — non-compliance with Chapter Six, incompetence, gross misconduct or misbehaviour. Mr Haji is still the DPP and he is subject to the provision of Article 158 of the Constitution. As such, on Monday, 22nd May 2023, we will be filing a petition to the Public Service Commission for the removal of Mr Noordin Haji as the Director of Public Prosecutions on the grounds of gross misconduct, incompetence and non-compliance with Chapter Six of the Constitution of Kenya 2010.

We will submit a memorandum to the vetting committee at the National Assembly expressing the aforementioned concerns. In case Mr Haji sails through the sieving process in parliament, we are prepared to challenge his appointment in the courts of law.

On nominating for appointment an individual to head Kenya’s intelligence unit, we remind the President that Section 8 of the National Intelligence Service  Act 2012  provides that the candidate for the Director-General should meet the requirements of Chapter 6 of the Constitution of Kenya 2010, which as explained above Mr Hajj outrightly fall short of. We implore the President to reconsider alternative candidates who have demonstrated a commitment to upholding the highest standards of leadership and integrity because Kenya deserves a spy chief who can inspire trust and effectively address the significant security challenges facing our nation.

The National Integrity Alliance will continue to advance the Red Card initiative to bar individuals that fall short of our constitutional ethical and moral requirements from ascending to public office. We call upon Kenyans who share our concerns about the nomination of the DPP to voice their opinions and join us in demanding accountability and the appointment of a suitable candidate for the critical position of the Director-General of the National Intelligence Services (NIS) and other public offices.

Link to petition: Petition to PSC to seek removal of DPP from Office

END

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.) De-campaign 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! The Institute for Social Accountability (TISA), 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 Public Office

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

CIVIL SOCIETY ORGANIZATIONS (CSOs) MEDIA STATEMENT ON THE FINANCE BILL, 2023

Pockets are empty: shield Mwananchi from the high cost of living, protect local businesses.

FOR IMMEDIATE RELEASE

Monday, 22nd May 2023 - Nairobi,Kenya

INTRODUCTION:

The country is in an economic crisis; this year, for every 100 shillings the government collects as revenue, more than 65 shillings goes to service the national debt. More devastating, the first three quarters the Kenya Revenue Authority (KRA) in the revenue collection for the 2022/2023 Financial Year have been below target. Out of the targeted Ksh 2.07 trillion for the current fiscal year, Ksh 1.57 trillion has been collected. Almost 25% below the target amount. The above financial predicament notwithstanding, the government, through the National Treasury, has put together an expansionary national budget for the 2023/2024 financial year totalling Ksh 3.6 trillion with a projected deficit of Ksh 768 billion in the 2023/2024 financial year.

The high debt burden, the unmet revenue collection and a large budget deficit require fiscal consolidation and revenue mobilization. The government, as required in every financial year, tabled the Finance Bill 2023/2024 before the National Assembly on 4th May 2023 for the first reading.1 The Departmental Committee on Finance and National Planning published the notice for public participation and submission of memoranda on 7th May 20232 . The public participation window closed on 20th May 2023.

To respond to the call for public participation and submission of memoranda, the Okoa Uchumi members held a two-day workshop to review the proposed tax amendments. Members take note of the amendments proposed in the Finance Bill, 2023, under each category of tax follows:

1. Value Added Tax Proposed (VAT): A total of eleven (11) amendments have been proposed. Out of these, the Coalition endorses three (3) – please see the policy brief shared with you for details. The coalition members, however, oppose a number of the proposals that are problematic and inconsiderate of the current economic situation as follows:

•  An increase of VAT rate on petroleum products from the current 8% to the proposed standard rate of 16% is opposed. We note that an increased rate of VAT on petroleum products would increase the cost of production and worsen the current state of the high cost of living.
• Amendment of section 33 (iii), First Schedule [1] – We oppose this and ask the parliament to reject this proposal with the justification that these industries employ young people and women. Lifting of VAT exemptions could increase the cost of business, which could cause layoffs.
• The Amendment of section 33 (xvii), Section 66 on the Removal of VAT exemption on inputs or raw materials locally purchased or imported by manufacturers of clean cookstoves – Members oppose this because removing the VAT exemption on inputs or raw materials locally purchased or imported by manufacturers of clean cookstoves would increase the cost of producing climate-friendly stoves. In the context of the devastating effects of climate change, this proposal is unconscionable.
• The proposal to remove the VAT exemption on the supply of maize (corn) flour, cassava flour, wheat or meslin flour and maize flour containing cassava flour -This is opposed by the CSOs as this will raise the cost of living for many Kenyans.

2. Excise Duty Proposed Amendments: A total of eighteen (18) amendments were considered by members. Out of these, the coalition endorses thirteen (13) of them for their consideration of the current cost of living in the county. Members oppose a total of five and recommend that the national assembly reject these:

• The excise duty on Mobile money transfer services to be increased from 12% to 15% of the excisable value – Members oppose this proposed amendment because it may lead to reduced transactions, thus reducing excise duty collection.
• Deleting “imported” to include locally manufactured sugar confectionery. Both imported and locally produced are to be excisable at Ksh 36.74 per Kg. Members reject this and recommend retaining the current status noting that taking this proposal up would hurt local production.
• The proposal to introduce an excise duty of Ksh. 25 per kg for powdered juice is rejected by the Coalition as it affects our local fruit industry. The powdered juice is a refined juice product, thus reducing wastage as it has a longer shelf life. Members recommend that a no excise duty Powdered juice as it is currently.
• The introduction of an excise duty on all sugar imported and locally produced, excluding imported or locally produced sugar purchased by the pharmaceutical industry, at Ksh. 5 per kg is opposed as it would hurt locally manufactured sugar and local farmers. The coalition recommends that there be no excise duty on all sugar imported and locally produced, excluding imported or locally produced sugar.

3. Income Tax Proposed Amendments: A total of seventeen (17) amendments were considered by members of the Coalition. Thirteen (13) of these are endorsed for their consideration of the current cost of living in the county. Page 3 of 5 Those opposed and recommended for rejection by the National Assembly are:

• Introduction of 10% P.A.Y.E tax on the first Ksh. 24,000 without relief – The coalition recommends retaining but with 100% relief as it is currently with the justification that the relief will cushion low-income earners from the high cost of living.
• Introduction of 35% P.A.Y.E for those earning a monthly income of Ksh. 500,000 and above per month - The coalition members reject this proposed amendment and recommend that the new rate of 35% should apply to those earning more than Ksh. 1,000,000 per month. This will ensure the majority of Kenyan households' disposable income remains constant to enable them to survive the harsh economic conditions.
• The amendment on the turnover tax threshold proposed to be revised so that Ksh 500,000 to Ksh. 15,000,000 taxed at 3% is rejected. Members recommend that the status quo (turnover tax threshold of from Ksh 1,000,000 to Ksh. 50,000,000 taxed at 1%) be retained. Members note that increasing the turnover tax from 1% to 3% may discourage the informal sector from embracing the turnover tax as the increase in rates may be viewed as punitive, in a sector that is still new in the taxation net and a major contributor to the economy.

The recommendations from the members of the Civil Society Organizations are made with the consideration of the prevailing economic situation of the country in mind. A national survey in December 2022 by Twaweza East Africa confirms that the most pressing issue plaguing the country is the cost of living, with 49% of citizens highlighting it as the primary concern. Additionally, the data from the same survey also revealed that more business owners reported their business is further declining compared to the previous year. It is, therefore, important that the government considers the citizens’ and business owners' economic situations and recognize that overtaxing could lead to increased tax avoidance and evasion and, consequently, less tax collection.

Furthermore, business owners might close down their businesses due to the heavy taxation, leading to more lost revenue by the government. Imposing more taxes on an already suffering citizenry is punitive for a government that promised to uplift Mwananchi at the bottom of the economic pyramid. We ask that the National Assembly carefully considers the views expressed in this press statement and accompanying press brief, thus saving Kenyans from the possibility of being overtaxed. As we shift the government focus from overtaxing citizens and businesses, we wish to propose the following as alternative measures that the government could use to meet its revenue collection taxes:

• First, the government needs to relook the conditions imposed by bilateral donors and in particular those driven by the IMF under the fiscal consolidation program. It must also urgently develop a debt renegotiation program and institute genuine austerity measures that address the high debt stock that is taking up most of the expenditure on revenue raised. The austerity measures must include a look at the hiring being done at the high level of state officers and public officers for political consolidation. This must be accompanied by appointment into leadership of people who hold the highest of integrity to create the required culture in our public service that will anchor transparency, accountability and participation that fosters ownership of our public finance processes by the people.
• Second, reduce tax expenditures, which are taxes forgone to provide incentives to businesses. These amount to about Kshs. 333 billion per year on average between 2017 and2021. Page 4 of 5 Clarity must also be provided on the beneficiaries of these tax expenditures to ensure equality in tax policy.
• Third, push for the full devolution of functions from the national government to county governments, which would eliminate duplication of functions and save resources. Some county government functions are still being fulfilled by state corporations, for which are budgeted. These corporations can be dissolved or privatised, and their funding passed to counties. According to the Parliamentary Budget Office, the government could make as much as Kshs. 30 billion a year from the privatisation of some state corporations.
• The fourth measure is to empower and adequately finance institutions like the EACC and the judiciary to aid the fight against corruption. The Kenyan government loses over 2 billion shillings daily to corruption which translates to around 730 billion per year.[2] In the last five years, there have been successful conviction and non-conviction-based forfeitures. However, many asset recovery cases are lost due to the lacklustre approach to investigation, lack of proper coordination among the asset recovery agencies, and political interference. The EACC, Judiciary and ODPP must be empowered to effectively pursue these cases by enhancing their independence and capacity to fight economic crime.
• Fifth, empower the office of the Public Debt Management by making it an independent office. Making the office independent would help it mitigate public debt conflicts and advise the government on the debt ceiling. Increased debt without a return on service from that debt caused by corruption and the Executive’s ability to manipulate the debt increment. An independent office of Public Debt Management would be able to curb the harm caused by such corruption and manipulation.
• Sixth, increase Parliament’s oversight of budget implementation to reduce wasteful expenditure. The role of overseeing the implementation of the national budget lies with the National Assembly. Pressure must be placed upon this body to take the implementation reports and recommendations from the Office of the Controller of Budget and the audit reports from the Office of the Attorney General. This will aid in holding the different MDAs to account for their spending.

The Finance Bill 2023 risks bleeding Kenyans dry through taxation. The proposed taxation measures are injurious to the Kenyan population. We urge Parliament to reject the proposal to overtax the employed population and informal sectors. Instead, focus on tax compliance on the existing taxes and a strong push for accountability of all revenue collected through taxes or acquired in debt. It is evident that the effects of imprudent fiscal management have dire consequences on the incomes and quality of life. The past actions of our government that enabled graft and misappropriation of revenue are now affecting Kenyans who are struggling with access to essential services and reduced income due to inflation and the high cost of personal goods and public services.

Based on this awakening, Okoa Uchumi today announces the following actions:

1. We will collate all memoranda submitted to parliament by the people and disseminate widely the will of the people.
2. Mobilise all Kenyans to inform their member of Parliament on their stand on the finance bill 2023.
3. Have a people assembly of all 290 constituencies during the debate and voting on the finance bill and prepare and publish how each MP voted.
4. If the will of the people is subverted, we will commence the process of exercising our powers as the sovereign and commence public actions targeting the executive and Parliament across the entire country.

Sincerely,

The undersigned Okoa Uchumi Campaign Members:

1. National Taxpayers Association
2. Kenya Human Rights Commission
3. The Institute for Social Accountability
4. Amnesty International Kenya
5. International Budget Partnership Kenya
6. Centre for Economic Governance
7. Civil Forum for Asset Recovery
8. Centre for Fiscal Affairs
9. Transparency International Kenya
10. REMUSI Housing
11. Oxfam Kenya
12. African Forum and Network on Debt and Development
13. EACHRights
14. Kenya Tobacco Control Alliance
15. Econews Africa
16. East Africa Tax and Governance Network
17. Tax Justice Network Africa
18. Uraia Trust
19. Christian Aid Kenya
20. Muslims for Human Rights
21. Inter-Religious Council of Kenya
22. Katiba Institute
23. Inuka Ni Sisi
24. Okoa Mombasa
25. Pawa254
26. ActionAid International Kenya
27. Institute of Public Finance

The Okoa Uchumi campaign is a civil society platform committed towards working with stakeholders to resolve Kenya's public debt crisis. The campaign advocates for balanced and equitable budgets as a means of achieving debt sustainability and economic inclusion. The campaign seeks to bolster constitutional safeguards in public debt management and to push for the accountability of political leaders in public debt management.

JOINT CIVIL SOCIETY PRESS STATEMENT
Wednesday, 19th April 2023, Hill Park Hotel - Lower Hill Road, Nairobi

KENYA BELONGS TO THE PEOPLE RECLAIMING OUR SOVEREIGN POWER!

Dear Kenyans, as a country, we are in a political standoff; facing yet another round of political contestation which threatens our democratic and constitutional order. The stalemate has been largely driven by the political class. The people of Kenya who have been granted the sovereign power under article 1 of the constitution are being excluded and are hardly involved in key decision making processes that impact on their lives.

Following consultations held in the last week amongst civil society, this concerns us.
Dear Kenyans, in 2010 we promulgated a peoples’ constitution that vested sovereign power in the people, and yet we are still beholden to our political leaders, as subject of the colonial rulers were bound to their imperial lords.

Our leaders have violated many aspects of the constitution while we watch on helplessly, forgetting that the power rests with us. Our political leaders have:

1. Betrayed Kenyans’ quest for sustainable solution to the ongoing food crisis, cost of living and access to public services such as quality education, water, housing and health contrary to Article 43 of the Constitutional of Kenya.
2. Destroyed the economy and failed to use their mandates to fix those parts that need fixing, and consequently making life unbearable for the majority of Kenyans.
3. Over borrowed, misspent, mismanaged, and stolen the proceeds of imprudent and expensive loans, leaving Kenyans with an unsustainable debt burden.
4. Instituted heavy taxes to pay for their largess and political arrangements by living opulent lifestyles and loading up the public wage bill with political cronies, while political allies evade taxes placing the taxation burden on the Kenyan taxpayer.
5. Partaken in the plunder of the public purse and have adopted misplaced policies to defund public services, while basic services such as health, education, and agriculture flounder due to corruption and mismanagement government officials at all levels.
6. Appointed to public office individuals with questionable integrity and further established unconstitutional offices to reward their political cronies
7. Orchestrated deliberate state capture of independent institutions namely the office of the Director of Public Prosecutions (ODPP), the National Police Service (NPS), the Office of the Controller of Budget among others to serve partisan political interests.
8. Sought to convert Kenya into a police state weaponizing security apparatus in the country against citizens.
9. Continued to weaken and interfere with governance of elections and political conduct against the spirit of the constitution manifested through infiltration of the Independent Electoral and Boundaries Commission (IEBC), Ethics and Anti--Corruption Commission (EACC) and other institutions with related mandate on elections.
10. Continue to undermine and erode devolution through deliberate delay and underfunding of counties, failure to release devolved functions and abating unaccountability of county governments.

In view of the foregoing, we hold that political leaders have unfortunately and repeatedly hijacked opportunities to address the above issues and converted them into bi partisan processes between political elite that end up with minimalist, compromised and non
transformative reforms that only serve their selfish political interest

We therefore demand the following:

1. Restructure and expand the proposed bi partisan parliamentary talks to make it an inclusive, independent and citizen led dialogue process to discuss the immediate electoral issues and cost of living crisis and address a wider discussion on mid term issues to get the country back on track.
2. Develop a framework with principles, values, timelines, and enforceability mechanisms for the dialogues to protect it from political capture and deal making to ensure it addresses Kenyans’ interests as previously envisioned.
3. The above can be modelled along the National Constitutional Conference commonly known as the Bomas Process which brought together legislators, district delegates, and all key sectors as equal players to discuss and adopt the draft constitution between April 2003 and March 2004.

With or without the constitution of the above framework, we therefore commit:

1. To reach out to all civic groups and other progressive forces to institute an authentic citizen agenda and process for the salvation of our country through the collective action of the people as provided in the constitution of Kenya. These include religious, trade unions, professional bodies, business groups, and the media at national and county level among others.
2. To engage political leaders, regional actors, and international community to work closely in pushing the Kenya recovery agenda including Agenda Four item of the Kenya National Dialogue and Reconciliation Process 2008.
3. To institute a values based, rights driven and citizen led process of economic and democratic justice to address those who have committed crimes against the people of Kenya. It is for this reason that we are advocating for the adoption and implementation of the Truth, Justice and Reconciliation Commission (TJRC) report among other reports on historical injustices in Kenya.

BLEAK AND DIRE: Human Rights and Governance Crisis in Kenya
NAIROBI: APRIL 3^RD, 2023

We, human rights and governance organisations take note of yesterday’s offer by the President to adopt a bipartisan parliamentary approach as well as the opposition counteroffer led by Azimio la Umoja coalition party to suspend the protests and give room for dialogue on SELECT human rights and governance issues.

The truce follows months of political confrontation and contestation on among other issues unresolved electoral justice concerns from previous elections, inequalities in accessing basic services and the high cost of living. The climax to the dissident was witnessed in the recent weekly demonstrations, in which many Kenyans heeded the opposition leader, Mr. Raila Odinga’s call to take to the streets to protest and compel the current regime to implement necessary measures to remedy the dire situation.

Whereas the Constitution under Article 37 gives the right to peaceably assemble, demonstrate, picket, and present petitions to public authorities, the turn of events during the recent protests laid bare the bleak and dire state of the nation due to the patterns that characterised it including; Wanton looting and destruction of public and private properties; violence meted out on innocent protesters by the State through the use of live ammunition, excessive tear gas, and other forms of violence. In addition, the media was not spared as horrific violence was meted out on journalists covering the demonstrations as well as an attempt to muzzle media freedom. These actions are unacceptable and fly in the face of the principles of democracy and the rule of law.

The above state of affairs amounts to a crisis of human rights and governance that is avoidable and unnecessary. Noteworthy, this is not the first time the country is going through such a fragile moment requiring national dialogue as similar scenarios were witnessed during the 1997 crisis that culminated in the establishment of the Inter-Party Parliamentary Group, the 2005 referendum, the 2007/08 post-election violence that led to the formation of a coalition government, the 2017 general elections contestations that led to a repeat of the Presidential polls, and the recently concluded 2022 election processes that continue to face opposition. Unfortunately, the National dialogues have resulted in minimal reforms safe for the 2007/08 National Accord and Reconciliation process.

Considering the matters and the latest developments in the state of the nation, we make the following demands;

1. The government MUST urgently come up with a pro-poor and rights-based framework to deal with the high cost of living to realise the Economic and Social Rights aspirations outlined under Article 43 of the Constitution of Kenya.
2. We call on CRITICAL offices among them the Independent Policing Oversight Authority (IPOA), Kenya National Commission on Human Rights (KNCHR) and the National Cohesion and Integration Commission (NCIC) to investigate the conduct of the police, political class and civilians that is against the rule of law during the demonstrations and take requisite legal actions
3. We URGE the police and citizens to act within the law. As a democratic country, Kenya values the right to freedom of expression, assembly and association as guaranteed in the Constitution and ANY attempts to claw back the gains made will be resisted vehemently.
4. The liberalisation and indigenisation of the media industry have grown full circle and bolstered our democracy and as such media MUST be allowed to operate freely and without fear of intimidation, reprisal and violence.
5. The bipartisan parliamentary approach to redress outstanding electoral issues MUST take a multi-sectoral approach and ensure inclusivity and comprehensive resolution of historical and emerging governance issues bedeviling the country; be opened up to other critical players including civil society actors, professional associations, faith-based organisations, student leadership, private sector, trade unions, media and other civic formations.

The latest developments on the state of the nation present an opportunity for the nation to transform from the regressive and repressive governance culture that has been sustained since the colonial era mainly serving the interests of the elite and excluding the people.

Pursuant to our mandate as a sector, we will continue monitoring, documenting and responding to
emerging human rights and governance issues towards promoting inclusive governance and
adherence to the rule of law

May Justice be our shield and defender!

Adding salt to injury? Repressive Response by Police to Kenyans facing economic hardships

Six months since the formation of the Kenya Kwanza regime, Kenyans from all walks of life continue to grapple with high cost of living, heavy taxation, unemployment, and a litany of unconstitutional decisions that are a serious threat to livelihoods, health, food sovereignty and acceptable quality housing, clean and safe water, social security and education as provided for under Article 43 of the Constitution of Kenya.

Despite the promises by the Kenya Kwanza political alliance during the campaigns, inauguration and during the last six months in office, the foundations laid so far do not guarantee the realization of the sugarcoated promises. This is attributed to the failure of the new Government to respect the sovereignty of the people and the Constitutional provision in Article 19 that the Bill of Rights is an integral part of Kenya’s democratic state and is the framework for social, economic and cultural policies.

Given this context of non-compliance, Kenyans remain with a sole obligation to defend the Constitution and demand for these rights through among other public actions. It is on this basis, the Constitution guarantees under Article 37 the right to peaceably assemble, picket and demonstrate against any actor whose conduct is inimical to these obligations.

Today, the Constitution has been put to test when Kenyans across the Country led by the political opposition were denied the opportunity to stand against the aforementioned concerns. The President, the Cabinet Secretary- Ministry of Interior and National Administration and the County Commander in unison deemed the protest illegal and contrary to public order and security. This interpretation is misguided and faulty--for in the Constitution, there is no limitation on this basis and the Public Order Act does not grant the police power to approve or disapprove any public gatherings.

The conduct of the police that was characterized by unlawful arrests, excessive and violent use of force, injuries, killings and restriction of movements was uncalled for and a stark reminder of the dark dictatorial tactics of the KANU- Kenyatta and Moi regimes. This unfortune development contradicts the expected transition in the Constitution from: a police force to a service and regime to democratic police. The Constitution under Article 244 (c) provides that the National Police Service SHALL comply with fundamental standards of human rights and freedoms.

We strongly condemn this barbaric conduct by the state and the police which have refused to transform since the colonial times.  For over a century now, the police have and continues to be used as a tool of political repression and weaponization by the ruling elite to settle political scores.  We demand for the unconditional release of all those unlawfully arrested, action for the perpetrators and a guarantee for non-repetition. We also demand that the Government address the high cost of living as a matter of priority because Kenyans are suffering.