A cabal of powerful people associated with PNU are secretly discussing the possibility of President Kibaki running again in 2012 should it become impossible for Deputy Prime Minister Uhuru Kenyatta to stand.
Several informal meetings have been held by four senior officials, three of who work for President Kibaki and one senior Cabinet minister, to explore the possibility of a third term for Kibaki.
Three Cabinet ministers, senior officials in the Office of the President and an adviser to President Kibaki confirmed the meetings to the Star this week.“Although they are fully aware of how difficult it is to pull this one off, they are nevertheless exploring the idea," said a source at the Office of the President in Harambee House.
The idea gained momentum a few weeks ago after Finance Minister Uhuru, widely believed to be President Kibaki’s heir-apparent, had to go to the Hague to hear charges against of him of crimes against humanity.
If the International Criminal Court formally charges him in September, Uhuru will be locked out of the 2012 presidential election, according to the terms of the new constitution.“There is real concern among many senior politicians in Central Province that the region may not have a serious candidate in 2012 and that in effect amounts to handing the presidency to Prime Minister Raila Odinga on a silver platter," said one source.“Those talking about a third term for President Kibaki are arguing that he has a good record that can be sold and in the absence of Uhuru there is no other politician capable of uniting the region and attracting countrywide support,” said the minister close to the President.
Section 12 (3) of the transitional clauses in the new constitution expressly bar President Kibaki from contesting again in 2012."The Person who was elected as President before the effective date of the new constitution is not eligible to stand to be elected as President under this constitution," says the clause.
Constitutional lawyer Paul Muite warned that ignoring this section could plunge Kenya into chaos."This is dangerous talk that Kibaki should not even entertain in the first place. The constitution is very clear and we expect him and others close to him to respect it. To amend this section will require a referendum and I doubt that many Kenyans will vote for it," said Muite.
With the support of Eldoret North MP William Ruto for the PNU side, those behind the idea believe it is possible to marshal sufficient numbers to pass a constitutional amendment to allow Kibaki to contest again under the new constitution.
With the introduction of multiparty democracy in 1990, President Moi cut a deal with the opposition that he could serve two five-year terms from 1992 despite having been in power since 1978."If Moi began his ten-year term after those minimum amendments in 1992, why can't Kibaki start a new term under the new constitution next year," asked a PNU minister.
Speaking in Kikuyu in Muranga last August, Environment minister John Michuki said President Kibaki would be entitled to a third term under the new constitution because the limitation of the presidency to two terms would be rendered null and void. He said both Kibaki and Moi would be able to seek a fresh term as president."We do not want to be told that there used to be a constitution that said Kibaki or Moi cannot vie again. Let Moi and Kibaki contest just like any other Kenyan. It is a new dispensation. How can you be an adult and then revert to being a young man who has not been initiated? Kibaki has already been initiated to the job,” said Michuki then.
However Narc-Kenya Secretary General Danson Mungatana said the idea of a third term for Kibaki was wishful thinking.“The threshold for amending the constitution is so high that it is a pipe dream for anyone to imagine that they can get the requisite numbers. President Kibaki is not so popular that two thirds of Kenyans will vote for the amendment as demanded by the constitution,” said Mungatana.
Ndaragwa MP Jeremiah Kioni yesterday criticised those around the President pushing for the idea.“The President has unparalleled legacy that should not be spoilt by anyone. I know ICC provides us with a big challenge and there are people who want the status quo to remain until ICC is over but we are telling them that they must respect the constitution.“I'm sure the President will not even want to hear of this idea, let alone throw his hat in the ring,” said Kioni.
ODM chief whip Jakoyo Midiwo warned the President’s confidants against pursuing the idea.“This is an exercise in futility because the constitution is very clear on this issue. President Kibaki can't run again. Period,” said Midiwo.
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