Saturday, November 13, 2010
Kibaki, Raila lead talks on the new Constitution
By Patrick Beja and Willis Oketch
President Kibaki and Prime Minister Raila Odinga led the entire Grand Coalition Government to a rare retreat in Kwale, Coast Province, to discuss the implementation of the new Constitution. To strike the much-needed camaraderie, Kibaki broke the tradition of staying at State Lodge Mombasa and chose to stay with the rest of the team at the resort.
The business-cum-bonding retreat at the exclusive five-star Leisure Lodge began yesterday morning in a session that brought together the two principals, ministers and their assistants.
Kibaki and Raila struck a reconciliatory tone as they asked their colleagues in Government to seize the opportunity and make the new Constitution work.
"We have the goodwill of the country, let us not waste the opportunity they have given us," said the jovial President.
Dressed in casual wear, the relaxed President, Raila and Vice President Kalonzo Musyoka struck a relaxed pose at the hotel gardens as they discussed in low tones.
They enjoyed tea and coffee at the gardens as the rest of the entourage mingled on the hotel lawns, corridors and pavements.
In the morning, President Kibaki told the MPs the country had reached the critical step of systematically and efficiently implementing the new Constitution.
"This meeting could not have come at a better time, because it seeks to develop synergy on the important task before us," said Kibaki.
Business lined up for discussion included the session on the legislation agenda to deliberate on how the goal of implementing the new Constitution would be achieved.
The President arrived at Ukunda airstrip on Thursday in a military helicopter at 5.30 and Raila followed also in a Kenya Air Force chopper 15 minutes later.
They were entertained by traditional dancers before leaving in separate vehicles for Leisure Lodge.
Yesterday, the team discussed the implementation of the new Constitution, its background, context, opportunities and challenges.
They also discussed financial, management responsibilities between the Executive and Parliament as well as Commission for Revenue Allocation.
The retreat also debated the implication of the organisation of national and devolved governments under the new Constitution and how they would work to unite Kenyans and promote investment.
The other issue included the procedure and process of ensuring accountability of ministers and accounting officers to Parliament and enforcement of ethics and integrity in the public service.
Two weeks ago, an emboldened Parliament sent fear among Cabinet ministers when a committee of the House forced Mr Moses Wetangula to ‘step aside’ as minister of Foreign Affairs. During a Cabinet meeting then, ministers inquired when they should take political responsibility, taking into considerations that they are not the accounting officers
Resource persons
At the Coast retreat, the President, Vice President and the Prime Minister posed for pictures with Cabinet members, assistant ministers and resource persons.
Kibaki and Raila asked political leaders to stop witch-hunting and focus their energies on the implementation of the new Constitution.
He told Cabinet ministers and MPs not to waste time quarrelling at the expense of implementing the Constitution.
The President caused laughter when he said some top leaders were spending sleepless nights agonising over small matters. He advised them to seek consensus as the lasting solution.
"Do not waste more time quarrelling over small things. The country and the public are in a good mood and you should seize the opportunity to implement the Constitution," he said.
He observed that the Government was endowed with highly qualified members who can make Kenya a great country.
"There is nothing you can’t do except to make this country greater," he stressed.
Raila asked Cabinet ministers and MPs to begin the process of transformation and lay the foundation for implementation of the Constitution.
To ensure harmony, he said, the Cabinet should not muzzle Parliament in the process of implementing the Constitution.
"There should be room for the Executive to perform its role and Parliament should play its oversight role without witch-hunt," Raila said.
The two-day retreat, also attended by chairmen of Parliamentary committees, is aimed at discussing means of fast tracking the implementation of the Constitution and fostering a common understanding to ensure smooth transition.
The Speaker of the National Assembly Kenneth Marende, Head of Civil Service Francis Muthaura, deputy prime ministers Musalia Mudavadi and Uhuru Kenyatta were present.
The President urged the Cabinet to develop time lines to ensure the Executive is able to present required Bills to Parliament for discussion and passage.
He commended Parliament for taking active role in its oversight mandate after the promulgation of the Constitution.
"For instance, Parliament is re-energized in its mandate to provide oversight on public finances and the conduct of public affairs," he said.
Several ministers have come under attack by Parliament over accusations on financial and administrative impropriety.
Devolution structures
President Kibaki said the retreat would be used to consult with the Speaker of the National Assembly and chairs of various parliamentary committees to reach a consensus acceptable across the board on structures of Executive accountability and responsibility to Parliament.
Raila said the areas for immediate implementation under the new Constitution are reforms in the Judiciary and police.
He called for immediate implementation of new devolution structures as envisaged in the new Constitution before Kenyans lose faith in the new document.
The PM said land reform must be among the first things to be implemented to ensure squatters are resettled.
"We must also tackle the problem of landlessness by taking measures that show our people that our Government cares," Raila said.
He insisted that reconciliation among Kenyans must be addressed to fight tribalism, which has dogged the country for many years.
"We know that our people are deeply divided by ethnicity and as leaders we are daily contributing to widen the divide. The new Constitution can stamp out this cancer," he said.
"Leaders must stop seeking refuge behind their communities when they are called to account," he said.
Kalonzo said the new Constitution provides for clear separation of powers, which will ensure the Executive, Legislature and Judiciary will no longer interfere with one another.
"The three arms of Government will no longer be seen to interfere with one another in the delivery of services," he said.
He said implementation of the new Constitution would require co-operation to ensure the drawing and enactment of Bills.
Justice and Constitutional minister Mr Mutula Kilonzo warned that if the ministers fail to initiate Bills to conform to the new Constitution, some legislation would lag behind.
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