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"speaker_name": "Mr. Baiya",
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"legal_name": "Peter Njoroge Baiya",
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"content": "Mr. Temporary Deputy Speaker, Sir, I rise to support the National Ethnic and Race Relations Commission Bill. The purpose of the Bill is to control ethnic relations in this country. This is the first attempt that this country is making to control, through legislation, the problem of ethnic relations. My submission is that this problem was introduced by the colonial Government through its method of administration when it captured the country and subjected it to colonialism. We know the Lord Luggard policy of divide and rule. This problem was particularly spread by the British colonialists in 1954, when the country was faced with the Mau Mau rebellion. The colonial Government undertook to contain the rebellion by Kenyans by dividing Kenyans along tribal lines, so that they stopped supporting those who had risen against the British, and were agitating for the country's Independence. This policy became a political tool to the extent that in 1959, during the political agitation for Independence, the colonial settlers participated in the politics of diving Kenyans into small communities and big communities. The unfortunate thing is that those colonial policies of dividing people along tribal lines, so that you can control them was unfortunately inherited after Independence. The Independence Government did not take action to reverse that colonial policy. Mr. Temporary Deputy Speaker, Sir, we are in a situation where we just went through an election where politicians sought to divide the country, and to seek support along the same tribal basis. The result is that ordinary Kenyans rose up against one another and threatened to throw the whole country into chaos. It is interesting that when we listen to contributions to this Bill, there are certain hon. Members who do not want the State, or this Parliament, to attempt to control tribalism or ethnicity. That is because some of them are in the House because they fanned ethnic hatred and July 3, 2008 PARLIAMENTARY DEBATES 1647 animosity; they know that in the absence of that tool in future, they are not sure how they will be able to mobilise Kenyans. It is regrettable if we were to allow that situation to arise again. The Grand Coalition Government has committed itself to issue-based politics in this country by the year 2030. The issue-based politics is actually the very antithesis of ethnicity. We would wish that candidates, be they Parliamentary or Presidential, seek to woo the support of Kenyans on the basis of policy and issues rather than on parochial issues or tribalism. We have seen that this can actually work, because we have the case of our neighbours, Tanzania, where everybody acknowledges that the politics of tribalism and ethnic stereotyping of other communities has not been practised. They are able to conduct their politics without diving the population along the tribal lines. Mr. Temporary Deputy Speaker, Sir, looking at what the country went through in December, we have been reminded again and again, particularly by the events that occurred in Rwanda in 1994, that they can occur again anywhere and not only in Rwanda or Zimbabwe. Therefore, there is a strong argument that Parliament should take action to ensure that this country does not get into a worse situation than the one we were in, in December last year. The considerations that have been proffered as a basis for the rejection of this Bill are that there has been inequality, marginalisation and also the issue of distribution of resources in this country. These are pertinent issues of justice, but to use them as a basis for withholding legislation to control activities that can be undertaken to hurt tribal relations will be a recipe for chaos in this country. At lease it behooves everyone of us to seek to safeguard our peace, stability, tranquillity and the right of ordinary Kenyans to live together as brothers and sisters. I believe that, that is what the Bill is seeking to achieve. I appreciate that the Bill is not exhaustive. It can be improved upon. The approach proposed, that of establishing a commission, is in itself good. It is an initial step; among the functions of that commission will be conducting research, reviewing the law and recommending measures to be undertaken. In terms of enforcement, it will have the capacity to reach this House and address itself to the Government in terms of giving advice and opinion on policy. My submission is that it is a strong starting point that will enable the country view itself as a State, regulating ethnic and racial relations through the commission's reports and other work. I also note that the process by which the Commissioners will be appointed will give this country an opportunity, through Parliament, to ensure that the people appointed to do the work in this Commission will inspire confidence in the entire Republic. We want to see their work and output inspiring confidence between Kenyans of different backgrounds. It will also drive the healing process of ethnic and race relations. Mr. Temporary Deputy Speaker, Sir, I also want to note that even when the NEPAD Peer Mechanism System came to review the Kenyan performance, it is on record, that it was pointed out that the Kenyan state of ethnic and racial relationship was an issue of grave concern. It is actually true that, that almost amounted to a prediction of what would ultimately come to happen in December. So, at least, if others can also see, it actually means that it will be very irresponsible for ourselves, we, as a country, if we ignored the problem which others have seen and told us to address. When we come to think about the main victims of the bad ethnic relations in this country, the people who have been affected were the ordinary peaceful Kenyans whose only offence was that they had settled where they had settled. They had settled there as farmers or workers earning their decent living. They had nothing to do with what brought about the deteriorated racial relations. So, while members of the political class who incited this ethnic hatred among our people were rewarded with positions in Parliament and in Government, the ordinary Kenyans suffered deaths, destruction of property, loss of jobs and even loss of means of their own livelihoods. So, 1648 PARLIAMENTARY DEBATES July 3, 2008 this is, therefore, a very important piece of legislation which forms the basis on which the country will address the issue of ethnic and race relations. We should make the first effort through this Bill and then we can be looking at supplementary measures subsequent to this Bill. I beg to support the Bill."
}