<p> THE JUDICIARY</p><p>SPEECH MADE AT THE FOURTH NATIONAL SECONDARY SCHOOLS STUDENT LEADERS CONFERENCE AT BOMAS OF KENYA, NAIROBI, 26TH APRIL 2012 </p><p>BY: The Hon. Dr. Willy Mutunga, D. Jur., SC, EGH Chief Justice/President, Supreme Court of Kenya</p><p>Thoughts on Democracy and Good Governance</p><p>The National Chairman of the Kenya Secondary Schools Heads Association, Head Teachers and Teacher Counselors, Student Leaders, Distinguished guests, Ladies and Gentlemen,</p><p>It gives me great pleasure to join you this morning to share my perspective on the roles and responsibilities we all share in the promotion of democracy and good governance. </p><p>I also take this first opportunity to commend the organizers of this annual forum for creating a platform from which issues affecting the secondary education sector are raised and resolved. I note from the programme that</p><p>1 the participation is as inclusive as it is influential and I encourage you to persist in this bid to broaden the discussion to even include young boys and girls (under 20 years of age) who comprise 25% of the prison population in this country. </p><p>Ladies and Gentlemen, </p><p>In your daily experiences as leaders of the schools you represent, you have encountered first hand the various challenges that plague and the opportunities that abound in the respective absence and presence of strong democratic systems and sound governance structures. Even with its imperfections, democracy remains the best form of government invented by man. The thrill of freedom, the value of accountability, are irreplaceable democratic tenets that help humanity realize its potential.</p><p>One way or another, you have all encountered the problems that the misappropriation of resources causes, the chaos that follows the cancellation of eagerly awaited examination results, the debilitating impact of teachers’ strikes on the completion of syllabi, the painful effect of tribal sentiments, and the jarring nightmare of student led arson attacks on the community and country at large. These are all undemocratic tendencies which we must all banish. </p><p>But am also sure that, you have all experienced the pride of excelling in regional and national examinations through exceptional collective and individual academic performance. You have relished the relief that follows the peaceful ending of yet another school year. You have delighted in the honour that is the acknowledgement of your contribution to the improvement of the education sector and the celebrated the joy of</p><p>2 creating, rehearsing, presenting and winning awards at annual national festivals. </p><p>To this latter highlight, I wish to extend my praise to the winners of the just concluded National Drama Festivals 2012</p><p> Riara Springs, Malindi Boys and Menegai High School for their exceptional plays.  Light Academy and Bungoma High School for their enchanting chorals.  Kijabe, Ole Kejuado, Alliance Girls, Kaptagat, Lubinu and Kakamega High Schools for their moving narratives and performances. </p><p>Congratulations to you all.</p><p>Ladies and Gentlemen, Young men and women, </p><p>What is democracy and good governance and its relevance to you as Head Teachers, Teacher Counselors and Student Leaders? Governance is about the processes by which decisions are made and implemented. It is the manner in which power and authority is exercised. In your respective positions, good governance entails democratically making the best possible decisions and democratically implementing them for the common good of the schools you represent. </p><p>Whereas good governance is consensus oriented and participatory, it also needs to promote and provide for vibrant debate in the decision making process. Upholding the Rule of Law, effective and efficient management, 3 accountable, transparent, responsive, equitable and inclusive leadership are all important attributes. We as a country and you as institutions of learning must nurture these elements on a daily basis. </p><p>Ladies and Gentlemen, exactly how do you measure against these ideals in your respective realities? </p><p> How harmonious is your leadership?  How efficient and effective is the management of your schools’ or associations’ affairs?  How accountable, responsive and transparent are the systems in place to distribute resources of all kinds?  Do you exhibit undue favoritism and advance ageist, sexist and tribal agendas? These are some of the questions you need to ask continuously in your stations.</p><p>Ladies and Gentlemen, </p><p> How far have the governance structures you have established promoted the democratic participation of all members of the schools you represent? </p><p> Is decision- making arrived at through respectful consultation or is yours an iron- fisted approach that discourages the airing of alternative ideas and opinions? </p><p>In the dynamic setting that is the 21st Century, you are stewards of the nation’s Generation Z (anyone born since 1996) commonly referred to as Digital Natives who have never known a life without computers and</p><p>4 mobile phones. This highly gifted, Internet savvy Generation believes in instant satisfaction and action. </p><p>Like the Generation that precedes them, Generation Y, they want to know the “why” first and have an avid awareness of their rights and entitlements. It is your duty as School heads and Teacher Counselors, to complement this knowledge, through exemplary living; with a full sense of the responsibilities they bear to the sacrifices made by those gone before them. </p><p>Inculcate in these young men and women an abiding sense of critical respect for authority, fidelity to the law, a tolerance for cultural, economic and religious diversity, an abhorrence of corruption, crime and divisive politics. </p><p>As leaders of your institutions you must always remember that your words and works are the crucible in which values are cast. You are therefore mandated to filter negative notions as you applaud and inspire positive principles in the young and impressionable hearts and minds of the Kenyans in your wardship. </p><p>Chapter Two of the Constitution outlines our national values and principles of governance and I implore you all to apply them at every opportunity for the rest of your lives- patriotism, national unity, power sharing, the rule of law, democracy and popular participation. Each one of you must obtain and read a copy of the Kenyan Constitution.</p><p>Ladies and Gentlemen, </p><p>Our nation has come a long way. One of the proud legacies that our generation leaves behind is a remarkably dynamic and progressive</p><p>5 Constitution. Through blood, sweat and tears and for many years we have persisted in our efforts and ideas to break out of evolving and revolving jails. Jails of colonialism, neo-colonialism, single-party statehood, multi- party mayhem, dictatorship, ethnic violence, corruption and terrorism and like Icarus in Greek Mythology we have often crashed and burned out of the sky. The new Constitution is an opportunity to reverse this trend. We must remain vigilant and ambitious as ever, and ensure that negative leaders and negative politics do not undermine this new social contract that promises so much. Your generation must find its mission and chose to either fulfill or betray it. I think one of those missions is to protect the Constitution and let it flower. Kenya’ democratic future, and the future of good governance lie in here!</p><p>As you deliberate on this year’s theme “Nurturing Democratic Leadership” I urge you all to consider the way forward for our country. How can we secure our freedom? How can we honour the courage, the genius, the hard work and the sacrifice of all those Kenyans you know and read about, who with their very lives have fashioned wings of opportunity for you to fly. </p><p>Thank you</p><p>Dr Willy Mutunga, D. Jur., SC, EGH Chief Justice and President of the Supreme Court Republic of Kenya</p><p>6</p>