Issued by Miguna Miguna,
This 31st day of December, at the City of Nairobi, Kenya
Ladies and Gentlemen,
Fellow Kenyans,
When I get involved in negotiations and conclude a deal – any deal – legal, personal, political or professional – I make sure that there are simple, clear and mutually understood ground rules, guidelines and principles, and that all parties involved, must undertake and solemnly promise, in good faith, before the commencement of such negotiations and after their completion, to be bound by all the terms and conditions of the final agreement, and to honour, respect and fully and honestly discharge all their undertakings, as prescribed in the agreement.
On Wednesday, December 28th, 2011, I promised the country that following the decision by the Rt. Hon. Raila Amolo Odinga, EGH, MP, Prime of the Republic of Kenya, to unconditionally rescind my suspension he had announced on 4 August 2011, and to order, with immediate effect, my reinstatement, as his Advisor on Coalition Affairs and Joint Secretary to the Permanent Committee on the Management of Grand Coalition Affairs, I would take my time,to analyse, digest and fully understand that decisionbefore I could comment further.
I am not prone to intemperate, precipitous or exuberant decisions and declarations. Before making any decision – big, small, personal, legal, political or professional – I always spend a considerable amount of time to consult, analyze and carefully reflect on all aspects of the decision, issues, circumstances and implications. I cross all the Ts and dot all the Is.
And once I have made my decisions, I stick with them, come rain or high water. That’s because I am a strong believer and practitioner of the principles of honour, integrity, the rule of law and constitutionalism.
On Tuesday, December 27, 2011, from about 12:15 p.m. to 3:15 p.m. – a whole three hours – the Prime Minister and I met, in the presence of a mutual friend, at the Serena Hotel, in the City of Nairobi.It was the Prime Minister who called me, personally, and requested for the meeting.
We had a courteous, respectful, dignified, cordial and professional meeting, which when it concluded, we – the two of us, alone - unanimously agreed, in good faith, that the Prime Minister would make the following announcement, that day, personally or through his office, before he traveled to India.
The agreement was in writing, and was witnessed by the mutual friend. It was to be unconditional and to be implemented immediately without any delay whatsoever. Both the Press Statement and letter of reinstatement were to contain the following terms:
1. That the suspension of Mr. Miguna Miguna, the Prime Minister’s Advisor on Coalition Affairs, be rescinded, unconditionally, with immediate effect, since it was determined that all the allegations against him were unfounded;
2. That Mr. Miguna is hereby ordered reinstated, forthwith;
3. That all arrears, emoluments and accrued interests owed to Mr. Miguna, be paid to him, forthwith; and
4. Upon resumption of duty, Mr. Miguna would be reportingDIRECTLYto the Prime Minister.
We agreed that I would approve - as to form, nature and content - all statements and/or letters that would be issued with respect to this matter.
There were no other terms or conditions the Prime Minister and I agreed on, apart from the four items above.
Following the issuance, by the Prime Minister, of a Press Statement, that day, containing all the terms of the agreement, the Prime Minister was to immediately ensure that a letter containing the four terms agreed on, would be delivered to me, forthwith, and all the terms therein, honoured fully, without any delay whatsoever.
Unfortunately, the statement that was released by one Caroli Omondi, on behalf of the Prime Minister, on December 28th, 2011 – twenty-four hours after our agreement – did not, accurately, reflect and adhere to the terms of our agreement.
But even more egregiously, when I received a letter from the Office of the Prime Minister, signed by a junior officer on behalf of the Permanent Secretary, at 5:30 p.m. on 28 December 2011, but which was dated 27 December 2011, the form, content and tone was totally at variance with the agreement the Prime Minister and I had entered into, in good faith. The letter was also inconsistent and contradicted the Press Statement released by Mr. Omondi.
At about 5:30 p.m. on 28 December 2011, I formally communicated to Mr. Omondi and the Prime Minister, in writing, electronically – twice - and indicated that both the Press Statement and the so-called letter of reinstatement, failed to communicate the terms of our agreement, as the Prime Minister had undertaken to do. I requested that the so-called reinstatement letter dated 27 December 2011 be withdrawn, formally, and a fresh one containing all the terms the Prime Minister and I had agreed on, in good faith, be issued, on or before 30 December 2011.
Unfortunately, as of the time of this Press Conference, my letters, and subsequent short text messages to both Mr. Omondi and to the Prime Minister, have not been responded to, though they were clearly received, as Mr. Omondi had confirmed receipt to the mutual friend of the Prime Minister and I.
In view of the foregoing, and conscious of my responsibilities as a Kenyan who believes in honour, good faith, the rule of law and principles of good governance and constitutionalism, I hereby announce that by a letter dated today’s date and delivered to the Prime Minister already, I have declined to accept the decision to reinstate me, on terms and conditions contained in the letter by one Abdul Mwasera, dated 27 December 2011.A copy of my letter to the Prime Minister and that of Mr. Mwasera, are attached, herewith.
We must develop and entrench both a culture and practice of honouring our words, respecting deals we make, and adhering to the principles of good governance, rule of law and constitutionalism.
I will not take questions.
I thank you.
MIGUNA MIGUNA
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