Party intrigues deepen ahead of implementation

By Stephen Makabila

Controversy over the formation and composition of the Parliamentary Constitutional Implementation and Oversight Committee (CIOC) has continued to rock the political arena.

The differences have dominated local politics over the past week, and there is still no sign of resolution.

While there is little acrimony in PNU, in ODM the fight has turned nasty and is fast degenerating into a game of settling political scores.

"We are experiencing a standoff because some parties want to ensure those to sit on the CIOC are those who toe the party line and not internal rebels," University of Nairobi Political Scientist Philip Nying’iro told the Standard On Saturday yesterday.

In the ODM intrigues, an earlier rigid position taken by Joint Government Chief Whip Jakoyo Midiwo, that those who campaigned against the new Constitution should be sidelined, was on Thursday reinforced by a meeting of 70 party MPs who took a similar stand.

Midiwo’s original stand had been viewed as a contrast to the reconciliatory approach taken by President Mwai Kibaki and Prime Minister Raila Odinga, who had all indicated the implementation process should be all inclusive.

Supremacy Wars

Raila on Wednesday called for an end to supremacy wars between politicians in the coalition Government to facilitate the implementation of the new Constitution.

However, ODM MPs in their Thursday meeting resolved Higher Education Minister William Ruto be stripped of his Cabinet position as well as that of the deputy party leader.

The resolve by the 70 MPs follows the rebellion within the party that saw Ruto and MPs allied to him campaign against the new Constitution.

The Ruto group has not taken things lying down, with Keiyo North MP Lucas Chepkitony and his Cherangany counterpart Joshua Kutuny, defending their man.

They feel ODM is becoming intolerant by trying to punish those who exercise their democratic rights.

"They are targeting Ruto because they are worried about 2012. That is why they want to clip his wings," said Kutuny.

When Parliament, re-opened on Tuesday, debate on the CIOC stole the show, with MPs who opposed the new Constitution led by the ‘No’ camp chief agent Mosop MP David Koech and Lugari’s Cyrus Jirongo pushing for inclusion of their team in the committee.

"Even when Parliament is divided and the ayes have it, the nays automatically join them in the implementation of the Bill," Koech told a news conference at Parliament building earlier in the week.

The referendum, he added, was not based on a collective party position, but individual decisions.

"Whatever the legislation, when Parliament passes it, those who did not support are going to support it and participate in implementation," added Koech.

Justice and Constitutional Affairs Minister Mutula Kilonzo had indicated his ministry would prefer the original members of the Parliamentary Select Committee (PSC) led by Mandera Central MP Abdikadir Mohammed be co-opted into the new committee.

Mutula said he would prefer to have the Abdikadir committee take over the same mandate because of what he termed "institutional memory."

But Midiwo had as early as Monday indicated the party would block some MPs from becoming members of the new team, and added that he expected PNU to do the same.

Midiwo, together with PNU Chief Whip Johnstone Muthama, will be responsible for picking the names of members of this crucial committee.

Some MPs such as Mithika Linturi and Kiema Kilonzo, who were among the leading ‘No’ campaigners, have said they expected to be included in the committee.

Midiwo last week indicated the committee could have between 11 and 15 members.

Fewer Controversies

"The lesser the number the fewer controversies we will have," he said.

On the ODM side, the names sources mentioned were Deputy Prime Minister Musalia Mudavadi and Cabinet Ministers James Orengo, Anyang’ Nyong’o, Charity Ngilu, Sally Kosgei and Mohammed Elmi.

On the PNU side were Deputy Prime Minister Uhuru Kenyatta and Cabinet Ministers Kiraitu Murungi, Mutula Kilonzo and Moses Wetangula. Others were MPs Abdikadir, Karua, Danson Mungatana and Eugene Wamalwa.

Nairobi lawyer Martin Oloo argues while ODM MPs may be right because they want members who can be trusted, they may also be wrong because all Kenyans are winners under the new Constitution, and should therefore unite and move ahead.

"Midiwo may be out for members who are collaborative and who he may have confidence in, but the President and Prime Minister are reconciliatory despite intrigues that were in the last PSC. That is the way to go," he says.

Eldoret lawyer Titus Bitok argues it would be unfair for any MP to be locked out of the oversight committee on the basis of the way he or she voted or his or her people voted.

"The implementation process has to be owned by all Kenyans because the laws to be formulated will govern all," he says.