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 Presenting the winner of the 2000 KCA Award of Excellence
A Press Release of the Kenyan Community Abroad (KCA)

 Issued in Nairobi May 24, 2001

 The Kenyan Community Abroad (KCA) presents the winner of the 2000 KCA Award
of Excellence. Prof. Kivutha Kibwana has and continues to offer a major
service to Kenyans through a demonstrated consistency of vision and focus on
constitutional issues affecting our country. More than anyone else in the
forefront of reforms, Prof. Kibwana remains a cut above everyone else.

 For this and more, KCA is most proud of this year's winner.

 For more than ten years, Prof. Kibwana has been at the centre of the
constitutional reform debate. As far back as 1990, and ahead of most public
personalities, he articulated the need for constitutional reforms. The
debated continued across the country and abroad and by 1995, a reluctant
President Moi had accepted the reality of needed changes. In that year, the
president promised to spearhead the process for change.

 There have been a number of slow starts in the reforms process. In almost
all cases, Prof. Kibwana has been correct in predicting the outcomes of the
process.  For instance, in 1997, with the euphoria of the Inter-Parties
Parliamentary Group (IPPG) agreement, Prof. Kibwana warned of the
shortcomings of the process and outcomes. Many chose not to heed this word.
Yet, the post-IPPG period has shown the limitations of the agreement. The
1997 deal remains meaningless to most Kenyans; its achievements remain
meagre to date. IPPG lives just in letter while its spirit is long buried.

 The constitutional reforms journey remains long and arduous. It is slow,
and shows little progress in tangible achievements to date.

 That said, however, KCA recognizes recent positive developments in the
reforms process. The agreement and parliamentary vote to amend the
Constitutional Reform Act (CRA) to accommodate the Ufungamano Group, is a
step in the right direction. We believe that no constitution will be
acceptable to the Kenyan majority if it comes into being via a flawed
process, no matter whether the outcomes are acceptable or not. Actual
articulation of constitutional articles is just as important as the process
through which they come to be. In our view, consensus offers the best option
for crafting such an important document as the constitution. We believe that
consensus should be a central consideration in our internal relations and
dispute resolution.

 Reforming the constitution is one thing; adhering to the letter and the
spirit of the constitution is a different matter all the same. The reforms
efforts stand to be wasted without an environment and culture of respect for
existing and future laws. Called the act of constitutionalism, Kenyans MUST
endeavour to respect the letter and spirit of the written law of which the
constitution remains supreme.

 Kenyans must NOT tolerate the blatant misuse of power as has been seen in
the past where flagrant violation of law, to suit the powers that be, has
been the routine. Selective application of the law to serve the interests
and whims of those in power has been the norm rather than an exception.  It
remains our collective duty and calling to ensure that the laws serve wider
Kenyan interest and that those in power serve the interests of fellow
Kenyans.

 Constitutionalism requires that Kenyans, both powerful and otherwise,
remain equal in the face of the law. The challenge for all us is to ensure
the entrenchment of this culture of respect for the law of the land.

 We believe that constitutionalism is the sure foundation of true national
values that we are in such dire need of. Only when we shall have attained a
state of shared common values shall we act in unity of vision from which we
shall draw on our strength building on our diversity. Our cultures, lessons
from our past and experiences of others are key ingredients for the
foundation of shared common value. Those eroding the core principle of
constitutionalism only serve to weaken the entrenchment of existing and
desired shared common values; lack of these values imply we are ill-prepared
to face our common destiny, as a people and country.

 As Kenyans, we have in the past faced tests of our collective strength in
facing the future.

 For example, at independence, Kenyans overwhelmingly supported the coming
of Uhuru. Most Kenyans continue to nurture the dream of a prosperous and
peaceful country.

 In 1978, we faced yet another test on the passing of our country's Founding
Father, Jomo Kenyatta. Consensus and magnanimity won the day to give us a
smooth transition into the Moi presidency.

 In close to 23 years of Moi's rule, we have faced many challenges, which
have threatened our country's strength and survival. Our people have faced
these challenges with bravery despite the suffering and pain they have
endured in the process.

 We face yet another test come the year 2002. In the pipeline are
constitutional reforms, and a general and presidential election. It is an
election in which the President Moi is expected to retire and handover power
to a new regime.

 We trust that Kenyans will once again adhere to the voice of reason and
seek to achieve a smooth transfer of power.  Indeed, from our history, and
given the options of doing good and evil, Kenyans overwhelmingly chose to do
good. That way, we have sustained our country. Indeed, we continue working
to make it a better place.

 Kenyan leadership, on the other hand, has been less that stellar in serving
Kenyans' needs.

 We must make 2002 a year of smooth transition. To this, we count on our
people once more to meet the challenges of the day

 We must warn, however, that the patience of our people is not unlimited; it
could run out should it be stretched.

 It is in this light that we must draw caution against those talking about
extending the President's of office. If indeed, constitutionalism should be
the foundation of our values, the call must be to respect the existing laws
of the land. President Moi should not just be asked to retire but he MUST
comply with terms of the existing constitution. It is our view that
retirement MUST NOT be an option.

 Today's preoccupation with Moi's departure is a major diversionary tactic
from the core issues our country should be addressing. There are pressing
problems in literary all sectors: education, industry, transport
infrastructure, health care, name it! Our energies are better spent in
looking for real solutions to these problems that afflict fellow Kenyans.
And it is the call, nay duty, of the President to dispel and hence put to an
end further calls extension of the presidential term.

 The spirit of Kenyans abroad lies with the wishes of all Kenyans worldwide.
Part of this wish is to assure a stable prosperous nation, with shared
common values and governed by the culture of constitutionalism.

 In part, we can learn some lessons from Prof. Kibwana's work in the past
and present. In one way, it underlines the possibilities of achievement
through a clear sense of purpose and vision.

 KCA is most honoured to be associated with Prof. Kibwana; we are most proud
of him. We shall and continue to treasure the contribution that he has
bequeathed Kenyans and the legacy he has established so far.

 Long live Kenya.

 Signed

 Matunda Nyanchama

President of the Kenyan Community Abroad (KCA)

President@kenyansabroad.org

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The Kenyan Community Abroad, P. O. Box 5635, Washington, D.C. 20016-5635,
USA

E-mail: info@kenyansabroard.org. Phone: (301) 301 622-0423 Fax: (301)
622-0423;

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