US Ambassador, Michael Ranneberger, who is quickly gaining fame as the “rogue ambassador” due to the current cable releases by Wikileaks was the chief guest at the AAK chairman’s dinner held at Laico Regency on 9th December, 2010. His speech was broad and touched on both political and technical matters. The current saga involving Wikileaks was also briefly mention, although it was in the ‘off the cuff’ remarks. Below is a text version of the speech he made.
Thank you, Mr. Chairman, for that kind introduction. I’m very grateful for the invitation to address the End of the Year Gala Dinner of the Architectural Association of Kenya. This occasion brings together a gathering of one of the most important professional bodies of Kenya. It is an opportunity for me to reflect on some of the milestones and achievements of the past year, and on the challenges ahead. I would like to recognize the Association’s remarkable and positive contributions to the Constitution-making process, including its commitment to passage of the draft in August, 2010.
The Architectural Association of Kenya seeks to ensure that international standards for the structures that you design are set professionally and met with complete integrity. Your organization helps the government of Kenya ensure that infrastructure and other physical development meet international standards. In doing so you are a model for Kenyans who seek change away from impunity toward more accountable and responsible government. From the establishment of the Architectural Association of Kenya (AAK) in 1967, you have made important contributions in planning, designing, and building Kenya’s homes, towns and cities. I often speak in metaphors about the need for all Kenyans to participate in the process of building a new Kenya. With this group, I can speak literally. You really are responsible for physically building a new Kenya.
President Obama has often remarked on the importance of civil society. He said that the United States will “increase assistance for responsible institutions, with a focus on supporting good governance … on the rule of law … on civil participation … and on concrete solutions to corruption.” By upholding the highest standards of professionalism, you are a key component and driving force within civil society, exactly the kind of institution that President Obama had in mind.
The rapid expansion of the construction industry coupled with a weak regulatory regime has enabled corruption to flourish. It can take many forms – delays in architectural plan approvals, weak assessments from National Environmental Authority NEMA, and doubtful land titles. Kenya cannot afford to continue operating according to the “culture of impunity.” The era when only the political class could decide on every issue is over. All citizens, and certainly the professional class, must be vigilant and vigorous in supporting political and economic reform, if Kenya hopes to achieve the levels of growth necessary to bring democratic stability and prosperity for all Kenyans.
A good example of this is the recent statement by one of your members – The Institute of Surveyors of Kenya – which provided its services to the GOK to help resolve the constituency boundary stalemate. Specifically, it was reported that the Institution of Surveyors of Kenya (ISK) chairman, Collins Kowuor, said that the government, through the defunct Interim Independent Boundary Review Commission (IIBRC), should have consulted them, instead of the politicians, before finalizing their report on the boundaries review.
I know that this is an issue about which all Kenyans are concerned and it is exemplary for the ISK — one of your members — to take up such a noble cause. I urge you to continue playing your part to ensure that the promise of better governance enshrined in the new constitution is realized. You can help set the tone for all Kenyans in the push to achieve fundamental change away from the culture of impunity and negative ethnicity.
You must stop to reflect on whether you have said with a sufficiently loud voice “Enough!” “Enough!” to some of the irregular procedures and decoys employed by unscrupulous and greedy individuals who may have little regard for the citizens who occupy the towns and rural areas of Kenya. “Enough!” to the irregular buildings that are erected without approval, or to corrupt participation of individuals who take road reserves, school grounds, hospital land and other public or state-owned property without due regard to the laid down law. “Enough!” to the constant reports about collapsed and poorly supervised buildings that continue to pose danger to innocent people.
Development and drafting of the new constitution was carried out in a transparent and inclusive manner, under the leadership of the Committee of Experts. There was a broad process of consultation and consensus with the civil society organizations, and Parliament was fully involved. This transparent and inclusive approach resulted in overwhelming approval of the constitution by a two-thirds majority.
Implementation of the new constitution is the centerpiece of that reform agenda and will provide the framework to enable reforms to be carried out, particularly with respect to the judiciary, the police, the executive, and devolution. While difficult, fundamental change can be realized in Kenya – because Kenyans across the political, economic, social, and ethnic spectrum want such change to take place.
Civil society must continue to pressure the coalition government to implement the reform agenda. Fragmented, divisive efforts will not prove sufficient, and the historic opportunity for fundamental change will be lost. Now is the time to set aside differences and to work together to push for implementation of the broader reform agenda, including accountability for post-election violence, and decisive steps against corruption, among other things.
In order to realize the enormous promise of the constitution, it is essential that the implementation process be carried out in a transparent and inclusive way. Critical components of the constitution must be implemented well before the onset of the 2012 electoral campaign to set up the institutional structures and safeguards which will help preclude another crisis. Therefore, there must be a sense of urgency, but there must also be a process of careful and meaningful consultation.
This is particularly important with respect to the key transformative aspects of the constitution: the Bill of Rights, restructuring executive power, setting up an independent and credible judiciary, establishing the new Parliament with its Senate and new constituencies, putting in place the new structure of devolved authority, and implementing the provisions relating to land issues, among others.
In mobilizing communities and citizens throughout the country, civil society must play a central role in supporting the implementation process and the passage of well-considered legislation. Civil society can do this through civic education, the fostering of a consultative and inclusive process, and pressure on legislators to consider the good of country rather than parochial and self-interests.
Three areas of implementation merit special scrutiny. First, the judiciary must be structured in a way which eliminates corruption and cronyism. This requires appointment of a Chief Justice and an Attorney General of the highest caliber and rigorous vetting of judges based on sound criteria. Let there be public discussion of the names under consideration. Second, appointments to all key government offices should be made in a transparent manner in a way which ensures the most qualified individuals will be chosen. Third, devolution must be implemented in a way which transfers real authority to the local level in a way that ensures accountability, and that brings communities together rather than exacerbating divisions.
Some observers have sounded concerns that the implementation process is being driven by a small group within the government and political structure without any real consultation with civil society. I think, however, it important that no one presume bad faith. At the same time, it is both appropriate and necessary that Kenyans follow the implementation process closely, insist that they be consulted and informed at every step, and that they ask their leaders tough questions about how implementation is being carried out in order to ensure that fundamental change will take place. Vested interests and the political establishment are realities that will change only over time as new institutions take hold and in response to domestic pressure and the realities of the new constitution. Implementation must not be allowed to take place through old-fashioned political deals dividing spoils behind closed doors. Dividing offices or responsibilities for implementation based on political affiliation or ethnic identification would be wrong – and send an entirely negative signal to the Kenyan people – that is not consistent with the spirit of the new constitution. There is a new dawn in Kenya, and the old ways of doing business are no longer appropriate – in the eyes of the Kenyan people and of the international community as well.
The United States partnered with Kenyans to helping resolve the post-election crisis, and in support of the constitutional review process. We will remain intensively involved to help ensure that the implementation process is carried out through a transparent, inclusive, credible process, and that the full reform agenda is implemented. That said, the onus for real change rests with the coalition government and the Kenyan people. The international community was only able to help resolve the post-election crisis because the Kenyan people themselves exerted decisive and peaceful pressure on their leaders. It is the responsibility of civil society to exert peaceful influence through the democratic process to ensure that the constitution is implemented in a way which results in fundamental change.
There are some striking similarities between the U.S. Constitution and the new one the Kenyan people have adopted. One striking similarity is the devolution of power from a highly centralized structure to one in which power is dispersed and diffused. Kenya’s old constitution entrusted nearly all power into the hands of the executive – the President. The President not only appointed his Cabinet, but also had control of the Provincial Administration. The relationship between legislative and executive bodies was fluid. Legislative representatives also served at the heads of executive bodies, the ministries, and movement between them was common and fluid. It was a winner-take-all system that led to a win-at-all-costs mentality. It was the old system itself which laid the groundwork for the post-election violence of2008.
Under the new Constitution, that fluid relationship will be replaced by a healthy tension as power is divided between legislative and executive branches. In other words, there will be multiple winners. Even if your party’s candidate doesn’t win the Presidential election, your party may win governorships. Or represent the county as a Senator. Both the Senate and the Parliament will have expanded powers to check that actions of the executive. In addition, each county will be empowered to make resource allocation decisions based on local needs and priorities. In fact, those municipal elections will probably have far more impact on the lives of the constituents than the election for State House.
Look at what happened in the United States in November. Prior to the recent election, at the federal level the Democrats controlled the White House, Senate, and House of Representatives. At the State level, more than half of all governors were Democrats. The disenfranchised Republicans mounted a vigorous campaign that succeeded in toppling the Democrat majority in the House, decreasing the Democrats’ majority in the Senate, and flipping a number of governorships to their side.
The frustration felt by certain segments of society over the past two years was vented in the election. US political leaders must now contend with what we call divided government. The Republicans who were elected now have a stake in making government work better for the people or risk being toppled themselves. No one side makes all the decisions, or always gets its way. The parties must choose to compromise or accomplish nothing. Just as President Obama must deal with a split legislature, many of the newly-elected State governors must also learn to work with their state legislatures. No one person or party has a monopoly on power. No one gets all the credit, and no one takes all the blame.
I’m not saying that a divided government is efficient. Winston Churchill said that “democracy is the worst form of government, except all the others that have been tried.” It is often this very inefficiency that prevents a majority from disenfranchising the minority. The loyal opposition knows that it can return to leadership using the power of the pen in a polling station instead of the whack of a panga in the street.
Let me tum briefly to some of the technical issues involving the AAK, the United States has made several advances in low cost housing technologies allowing for rapid construction of safe, solid, and reliable housing. Some of that technology has already made its way into Kenya through the private sector. US companies such as Wall Ties and Forms have had their technology used on projects out in Athi River, as well as in a recent development for the local authorities in Shauri Moyo. Just last week, Lifetime Corporation launched low-cost housing in Buru Buru that will provide safe, affordable shelter for many Kenyans, and an American company is building low-cost housing outside of Mombasa. The presence of micro-finance institutions and banks at the launch should help create avenues for people to afford such homes.
It is up to Kenya to provide incentives for construction of low cost housing, in order for the technology to be widely accepted and adopted. Tax incentives would be a major boost to increase affordability of such homes and technologies. The United States already has introduced an array of incentives for low cost and green technologies, which are spurring growth in the housing market and gaining acceptance among American consumers.
Similar incentives by the Government of Kenya would do the same here. Your demand for housing continues to grow, mostly for middle to low-income housing. To see more of the innovative, highly-efficient, low-cost options that the United States has to help Kenya overcome an annual housing shortage of an estimated 300,000 homes, I would strongly encourage you all to attend the International Builders show held every January in Orlando, Florida. We have a group of 13 that have already signed up with the U.S. Commercial Service to travel this coming January.
With the landing of several fiber optic cables, and more expected, Kenya has emerged as a key Information Communications Technology (lCT) nerve centre for the region. The increased capacity opens up more opportunities for growing business ties with the United States. Kenya is already in the forefront of mobile commerce with several money transfer services available on mobile networks, and with projects such as the i-hub, an e-business incubation hub supported by several US ICT firms such as Google. Vision 2030 sees ICT playing a significant part in Kenya’s growth and these opportunities need to be marketed. We would encourage Kenya to use its various channels such as Brand Kenya to market ICT opportunities here. You have growing internet capacity coupled with a well-educated work force, and these must be marketed in order for them to achieve full potential for the Kenyan economy and people.
There is clearly an important role to be played by the AAK in a number of areas. I have outlined but a few. I wish you much continued success in your endeavors and look forward to hearing of the strides which the association will undoubtedly continue to make. I am confident that the already strong partnership between the United States and Kenya will continue to grow. To use an architectural metaphor, the old order in Kenya is starting to crumble. The foundation of the edifice of the culture of impunity has developed hairline fractures, which are turning into fissures. It is up to you to help build the new Kenya, to help achieve the promise of the “new dawn” opened up by passage of the constitution.
Thank you.
