PNU VS ODM

President Kibaki’s Party of National Unity is contesting claims by Prime Minister Raila Odinga’s Orange Democratic Movement that its leader and the Head of State are equals before the National Accord.

A day after ODM’s remonstration the President belittles both the PM, his party and the National Accord that led to Kenya’s power-sharing deal, PNU-aligned ministers scrambled to the defence of their leader.

But as ODM’s rivals in Cabinet attacked their coalition partner, sober political voices called on Kibaki and Raila to lead from the front and read from one script on issues of national concern.

The Orange party had called on the President to respect Raila arguing he had shortchanged him and his party. "The Accord was a political agreement between two equal partners. The political agreement was legalised through an Act of Parliament, then constitutionalised through its entrenchment in the Constitution. Those were three distinct and elaborate steps taken in order to ensure all the provisions of the agreement would be respected by all concerned," the party’s National Executive Council and Parliamentary Group argued in a statement released by Secretary General Peter Anyang’ Nyong’o.

It went on: "Normally, political agreements do not have to be legalised or constitutionalised for them to be fully implemented. Good faith, common sense and human decency would compel parties to such agreements to adhere strictly and fully to all its provisions."

Yesterday, Justice Minister Mutula Kilonzo, who is from the PNU pool in the Grand Coalition, argued: "We have one President and one Prime minister. You don’t have to be a rocket scientist to know this."


Unwarranted complaints

He added the National Accord clarifies the duties of the two principals and there should be no conflicts in the discharge of their duties. "If they were equal they would be co-chairing the Cabinet, jointly command the armed forces and officiate over State opening of Parliament."

"The speech of the President is before the floor of the House and no MP has said the two are equal," Mutula said.

"The complaints are totally unwarranted, completely academic and misplaced," he added.

Public Health Minister Beth Mugo, who is the chair of the party’s Women League, dismissed ODM’s claims terming concerns move confusing.

Housing Minister Soita Shitanda, however, said the grand coalition must not bury its head in the sand and pretend things were all right. "The principals must sit down and talk to each other and show united leadership and commitment to resolving issues."

"When the President and the PM issue contradicting statements on how to deal with corruption, it only serves to hurt the fragile coalition," Shitanda said.

Veiled attack

Prof Nyong’o and Lands Minister James Orengo took issue with President Kibaki’s statement that the war on corruption should not be ‘politicised’ or ‘personalised’ which was seen as a veiled attack on Raila over his suspension of Cabinet ministers Prof Sam Ongeri and William Ruto, which Kibaki reversed the same day.

"Part of the problem is also with us ministers who keep on attacking and answering each other through the media." Shitanda lamented.

"It is clear and we all know it when the Accord was signed, President Kibaki was given the presidency as Raila was allocated the co-ordinator’s post. They cannot be equal and that’s only ODM’s wishful thinking," Mugo contended.

She called on ODM to respect the Head of State and to be contented by the stake they hold in government.

"They should stop politicking to enable the country move forward. ODM should stop legitimising their demands by citing election malpractices. (The) Kriegler Report indicated that rigging was done by both PNU and ODM," Mugo said.

"They should instead be busy building harmony for national stability as continued haggling is causing unnecessary tension and squabbles among Kenyans that will erode investments and undermine the spirit of reconciliation."

She took issue with ODM for calling in the Chief mediator Kofi Annan for help disentangle what she called ‘small political hiccups’, insisting the former UN Secretary General had already played his part.

"Annan did his part. What is left is for us to build our country, by being satisfied by what is on our dockets," she said.

Water Minister Charity Ngilu, whose party works with ODM, argues the coalition was a forced arrangement, which was not bound to proceed smoothly, especially when working with an unwilling partner.

"There are instances where ODM is going to be uncomfortable because PNU is unwilling to play ball. This will go on until 2012," she went on.

Agriculture Assistant Minister Kareke Mbiuki said much as there were two principals in the coalition government, Executive authority was only vested in the President.

"The world knows there are two principals under the coalition, but it is the President who has Executive authority. The PM cannot ask for what he was not constitutionally given," said Mbiuki

The Nithi MP said ODM had been bickering since it signed the National Accord, claiming it was skewed in favour of Kibaki. He wondered why ODM did not raise the issue before signing the document.

But ODM Chief Whip Jakoyo Midiwo said the Accord spelled out power sharing in clear words and Kibaki cannot, therefore, run the country without Raila. "We know they are worried because PNU forces are scattered as the clock ticks towards 2012 and ODM rank and file are backing the constitution despite internal wrangles," Midiwo argued.

"ODM is intact and has one leader... Progressive Democratic Movement is rudderless for now and PNU is admittedly dead. They must honour the agreements we have," Jakoyo said.

Mbiuki asked: "ODM cannot now claim what Raila was not constitutionally given. On what grounds should Kibaki consult him when it is the Constitution that allows him to exercise Executive powers?"

Kabando added ODM’s new demands could irritate financial markets, endanger the constitution making process and poison the already volatile relations in Cabinet.