NEWS

Posted on: March 5, 2009

SPEECH BY HON RTN KENNETH MARENDE ON ETHICS AND GOOD GOVERNANCE

Delivered during the charter celebrations of the Rotary Club of Kisumu Winam on Friday 27th Feb 2009

TALKING NOTES BY THE HON KENNETH MARENDE, CGH, MP; SPEAKER OF THE KENYA NATIONAL ASSEMBLY DURING THE KISUMU WINAM ROTARY CHARTER INSTALLATION, HELD AT SUNSET HOTEL KISUMU; FEBRUARY 27, 2009

The Club President of the Rotary Club of KISUMU WINAM, Distinguished Rotarians, Ladies and Gentlemen,

It is my exclusive privilege and honour to preside over this auspicious occasion to mark the installation of the charter for the Rotary Club of Kisumu Winam. In the invitation, you specifically asked that I share with you my thoughts and ideas on ethics and good governance. This is a subject close to my heart as a Rotarian, and indeed a citizen of this country' so given the prevailing political and socio-economic circumstances in Kenya.

My first observation is that Kenyans have severally, jointly and collectively lost the sense of shame as a nation, which is an essential ingredient of ethical conduct. Our key focus tends to be driven by the urge to make deals, go for quick fixes and unbridled urge for primitive accumulation without any affinity for balance or regard to the suffering of fellow citizens. We are quick at apportioning blame but not taking responsibility. We tend to accept or believe the solutions to our problems lie elsewhere, and not with us. We have let our national standards sink ever so low.

An ethical culture in government and good governance do not necessarily go hand in hand. Neither western civilization with its emphasis on individualism. Exploitation and cultural domination, nor the struggle for liberation with its emphasis on the end justifying the means, laid the ground for a culture of democracy based on accountability, equity and tolerance which are the cornerstones of good governance. As a result there is no consensus in Kenya as to what should be the acceptable norms upon which governance should be anchored.

Distinguished fellow Rotarians,

The term "Governance" (which is not new but as old as human civilization) has different meaning to different people and contexts eg. Corporate, international, national and local governance. Generally, it refers to the manner in which power is exercised in the management of a country's economic and social resources for development (World Bank).

Broadly speaking, governance is about the institutional environment, in which citizens interact among themselves and with government agencies/officials.

Irrespective of the precise set of economic policies that find favor with a government, good governance ought to ensure that those policies have their desired effect. In essence, good governance concerns itself with norms of behaviour that help ensure that governments actually deliver to their citizens what they pledge they will deliver.

Concern about good governance coincides with serious and increasing attention to governance issues in Kenya by various stakeholders. This increasing interest in governance is largely founded on the recognition that there is a strong need for having States that are able to ensure respect for human, economic, political and social rights. This undoubtedly entails strong and accountable institutions, political commitment to effective management of the State, and a vibrant and organized civil society.

Ladies and Gentlemen,

Today, governance is perceived as a reflection of the role of the state in giving direction to the development aspirations of a country. Governance can also be taken to denote how people are ruled, or how the affairs of a state are administered and regulated. It is the embodiment of a nation's system of politics
and how it functions in relation to public administration and law. Governance can be viewed both in positive and negative terms i.e good governance and poor/bad governance. For better understanding of good governance, it's important to know the converse;

Distinguished Rotarians,

Ladies and Gentlemen,

The Key Characteristics of Poor Governance include:-

Arbitrariness in the application of laws/rules or failure to establish a predictable framework of law and government behaviour conducive to development;
Failure to make a clear separation between what is public and what is private, hence a tendency to direct public resources for private gain;
Executive rules, regulations, licensing requirements and so forth which impede effective functioning of markets and encourage rent seeking;
Priorities inconsistent with development resulting in misallocation of resources;
Excessively narrow-based or opaque decision-making processes;
Excessive costs, poor services to the public and failure to achieve the aims of policy.
Ladies and Gentlemen,

The Concept of Good Governance refers to an ideal governing system that is inevitable for political, economic, social and cultural development of a country
(people).

It embraces unequivocally basic values of the society in which values on Economic, political and social cultural issues including human rights are pursued through an accountable and honest administration.

Aspects of Good Governance

a) Promotion of democracy and open pluralistic societies;
b) The strengthening of transparent, accountable (both political and financial), efficient and effective national and local governments;
c) The promotion of respect for human rights;
d) The reinforcement of the rule of law, including fair and accessible legal and judicial systems;
e) The promotion of independent media with easy access to and the dissemination of information;
f) Effective anti-corruption initiatives; and
g) Popular participation in decision making and implementation;
h) Responsiveness, and an overall caring and human ambience promoting an equalitarian and equitable social and economic order.

Ladies and Gentlemen,

Allow me to briefly focus on Principles and governance as set out by the United Nations, they are:

Legitimacy and Voice: all men and women should have a voice in decision making either directly or through legitimate intermediate institutions that represent their intention;
Direction: Leaders and the public have a broad and long term perspective on good governance and human development, along with a sense of what is need for such development;
Performance: Institutions and processes try to serve all stakeholders and with the former targeted to produce results that meet needs while making the best use of resources;
Accountability: Decision makers in government, the private sector and civil society organizations are accountable to the public;
Fairness: All men and women have opportunities to improve or maintain their well being, and the legal framework should be fair and enforced impartially, particularly the laws on human rights.

Distinguished Rotarians,

Corruption is not only an ethical issue but also a criminal act under the laws of Kenya. Corruption poses a threat to the national economy and prosperity of any country. Parliamentarians and/or Parliament have an important role to play in fighting corruption in public life by conducting themselves in an honorable manner befitting their status. They are obligated to ensure relevant legislations and consequential mechanisms are put in place and stringently enforced to ensure that corrupt practices are unattractive to any one who has propensity for the vice.

In functional democracies, Parliaments (through their watchdog committees) and other anti-corruption institutions have the sacred duty to protect public finances and property by ensuring that;

The governed get just and fair returns from the government out of their investment therein by way of payment of taxes;
All monies collected as part of national revenue are used for the delivery of services and the general promotion of public good in accordance with established rules and procedures;
All those who are entrusted with public office perform their duties in accordance with their oath of office;
Those who engage in un-ethical activities are detected and punished in accordance with the law of the land.

In Kenya, the recommendations made over the years by Committees of Parliament have formed the basis upon which other "watchdog" institutions have been established such as:

The Efficiency Monitoring Unit (EMU).
The Department of Governance and Ethics
The Kenya Anti-Corruption Commission (KACC)
The National Anti-Corruption Campaign Steering Committee (NACCSC)
The Kenya National Human Rights Commission (KNHRC)
The Public Complaints Committee on the Environment
The establishment of some of the Commissions to enquire into corrupt practices such as Goldenberg and Anglo Leasing scandals in Kenya is as a result of Parliamentary pressure.

Obstacles Faced

In order for Parliamentarians to effectively fight corruption, a number of constraints have to be overcome. These include:

Lack of honesty, sincerity and trust among the leadership cadre almost without exception.
Lack of political will to implement recommendations by the Government.
Complacency among the Watchdog Committees.
Hostility between the Government and the opposition, given that by far majority members of the Committees are backbenchers.
Reliance on eternal expertise such as Controller and Auditor General Officers who are under the Executive arm of the Government.
Lack of co-ordination among the various law enforcing agencies such as the Attorney-General, Police and Investigative Institutions (KACC).

Overcoming the Obstacles

In order for Parliamentarians to effectively exercise their mandate and efficiently play their roles in the fight against corruption, the following measures need to be undertaken;

Members of Parliament have to be non-partisan in their approach to addressing or managing issues of corruption;
Parliamentarians should respect the complementary role of the three arms of Government and always start from its premises;
Members of Parliament should play part in sensitizing the public about effects of corruption;
Parliamentarians should practice politics of persuasion, negotiation and compromise wherever the common good is at stake;
The government in all its three arms must actively demonstrate the will to fight corruption;
Legislation should be put in place to effectively protect whistleblowers or other witnesses who report incidences of corruption to relevant authorities.

CONCLUSION

The subject of good governance with a culture of a bureaucratic ethic continues to be on the agenda of the debate about strengthening democracy in Kenya. More often than not, tendencies within office bearers of the state indicate a disturbing pattern of mal administration and general abuse of power. The result is total lack of accountability on the part of those in positions of political power. At the heart of the problem is a blatant disregard of ethics enshrined in various statutes and the Constitution of the Republic.

This situation is compounded by general ignorance of the rules of the game in a democratic order, a lack of collective understanding as to what constitutes good governance and ethics and the absence of definite objectives after independence hence our pre-occupation with pre-industrial revolution concerns as a nation.
Every nation elects the leadership it deserves, so blaming politicians alone for the ills of our society is misplaced though justified based on the electoral pledges they may have made. Kenyans must radically change their attitude and approach to governance for meaningful change to occur.

Kenyans ought to reflect on their situation through Kenyan lenses and radically transform their minds, actions and expectations to a different trajectory. Change starts with self. Kenya's education system needs radical change to educate and instill confidence among Kenyans to believe in themselves and seek to positively
change their circumstances without seeking shortcuts. We the leaders must provide leadership and inspiration to the youth for a better tomorrow. We must enforce rules fairly to ensure that impunity, abuse of power, corruption and other negative traits are made so costly at individual and collective levels to deter others.

The four way test will come in handy;