An announcement expected this week could change Kenya’s political landscape dramatically.
The country now is in the ‘long’ week in which the International Criminal Court’s Pre-Trial Chamber delivers a ruling on the ‘Kenya 20’.
This is a list of prominent politicians, businessmen and influence peddlers who Chief Prosecutor Luis Moreno-Ocampo wants to investigate and prosecute over Kenya’s vilest post-election crimes. It is believed a ruling on his request could come as early as Wednesday.
ICC Chief Prosecutor Luis Moreno-Ocampo
If ICC rules Mr Moreno-Ocampo, who presented evidence he has to the three-judge Pre-Trial Chamber bench, can go ahead, then it will not be long before their names are public knowledge. The list is believed to include Cabinet ministers.
Last week Moreno-Ocampo was optimistic the ruling would be in his favour. "We shall respect rights of the accused and will let them talk to us,’’ he said.
Justice Minister Mutula Kilonzo on Sunday said he was also waiting to hear ICC’s decision.
"As you know, my work is done. I did everything that I was supposed to do and the rest now lies with Ocampo and the court," he added.
In a telephone interview with The Standard, Mutula said Kenyans have waited for too long to know the verdict. "I can assure you that the Government will cooperate with the ICC in whatever decision it makes. If it is a ‘Yes’, then we shall cooperate with the investigations," he added.
The minister said the country needed to move forward, whether the verdict to investigate the key perpetrators of the violence is granted or not. "If ICC allows investigations and prosecutions to be carried out, then the Attorney General’s office and that of Internal Security will be instrumental in guaranteeing witness protection, which falls under their dockets," he added.
Both parties
The closest Moreno-Ocampo came to hinting at who the suspects are was when he said they "were guided by political objectives to retain or gain power".
He revealed they were from both President Kibaki’s Party of National Unity and Prime Minister Raila Odinga’s Orange Democratic Movement.
"They utilised their personal, Government, business and tribal networks to commit the crimes. They implemented their policy with the involvement of a number of State officers and public and private institutions, such as Members of Parliament, senior Government officers, the police force and youth gangs," he is on record saying. The post-election violence claimed about 1,500 lives and led to displacement of hundreds of thousands.
Last month, ICC judges of Pre-Trial Chamber II requested Moreno-Ocampo to provide clarification and additional information on the Kenyan process not later than Wednesday this week for them to decide whether or not to authorise him to begin an investigation.
Mutula also argued unless the country decides there was need for local tribunal to try minor offenders, his work on justice for post-election victims was over.
Last week, just before flying out from the country, Chief Mediator of the Grand Coalition power sharing deal Dr Kofi Annan indicated the ICC judges may make their ruling on the Kenya case before Wednesday.
Moreno-Ocampo decided to act on the Kenyan situation following failure by the Government to persuade Parliament to establish a special tribunal that would have heard cases against the suspected masterminds.
Top businessmen considered to be politically connected as well as top security officials might be indicted if evidence is adduced against them.
Procedural manoeuvre
Kenya National Commission on Human Rights is currently hosting about three witnesses who are expected to testify if ICC judges give Moreno-Ocampo the go-ahead.
The prosecutor, however, insists ICC has no witnesses in Kenya but that is believed to be a procedural manoeuver because the Pre-Trial Chamber judges are yet to authorise investigations and any direct moves to gather evidence by the ICC would be unprocedural.
According to the Rome Statute, the Court may exercise its jurisdiction in situations where the alleged perpetrator is a national of a State Party or where the crime was committed in the territory of a State Party. Kenya ratified the Rome Statute on March 15, 2005 becoming a State Party on June 1, 2005.
Last November ICC presidency assigned Kenya’s case to three Pre-Trial Chamber II judges: Ekaterina Trendafilova, Hans-Peter Kaul and Cuno Tarfusser.
For the prosecutor to commence investigation proprio motu (on his own impulse) he must first obtain authorisation from the judges.
That is what the Prosecutor sought for on November 26 last year when he filed his request together with 40 appended annexes in approximately 1,500 pages.
Showing posts with label FROM STANDARD. Show all posts
Showing posts with label FROM STANDARD. Show all posts
Wednesday, March 28, 2012
‘Yes’ by day ‘No’ by night
One week after President Kibaki and Prime Minister Raila Odinga launched the ‘Yes’ campaign at a high profile rally in Nairobi’s Uhuru Park, some of their key foot soldiers have embarked on an undercover campaign for the rival ‘No’ team. The Standard on Sunday has reliably established that some politicians, who have publicly endorsed the document, are involved in a flurry of indiscreet night meetings. Like chameleons, they change colours at will. It is a tale of leaders who are green by day and red by night.
"I am not surprised night meetings are taking place. It is alright for any individual to openly declare their stand; we shall respect that. But it is cruel for leaders to play games like singing ‘Yes’ with us in daytime, and saying ‘No’ at night," says an enraged Central Province Parliamentary Group Chairman, Mr Ephraim Maina.
And on Saturday, the absence of PNU-allied ministers at a ‘Yes’ rally addressed by Kibaki and Raila in Nairobi’s Embakasi Constituency raised more curiosity.
Last week, Vice-President Kalonzo Musyoka, while addressing a press conference in reaction to the heckling that he was subjected to during the ‘Yes’ launch at Uhuru Park, said PNU was considering going it alone in its campaigns for the Proposed Constitution.
Kalonzo — who had travelled to Juba for the inauguration of Southern Sudan President Salva Kiir — jetted back on Saturday evening, even as Health Minister Anyang’ Nyong’o gave apologies from his Energy counterpart, Kiraitu Murungi.
The hushed rebellion, especially from Central Kenya, has reportedly attracted the ire of President Kibaki.
Last Tuesday while meeting party leaders at the Kenyatta International Conference Centre, Nairobi, the President lashed out at leaders from his PNU camp for not playing ball.
"I understand some of you are opposing the Draft because you think someone has gotten cleverer. What is wrong with being clever? You should try to better your efforts," he mentioned in apparent reference to the sulking by some PNU MPs who felt that the PM was making political mileage from campaigning for the Proposed Constitution.
Reports about clandestine night meetings featuring political allies of President Kibaki, Kalonzo and Deputy Prime Minister Mr Uhuru Kenyatta with leaders of the ‘No’ campaign, ostensibly to "slow down the PM", raises questions as to whether those plotting to scuttle the review process are acting independently.
Sources say several meetings between the two groups have been held in the city, and have been attended by two PNU MPs, a former high-flying parastatal chief, two former ministers in the Kibaki administration and a senior religious leader associated with the revived Gikuyu Embu and Meru Cultural Association (Gema).
The Standard On Sunday learnt that another secret meeting was held last Thursday night at an exclusive Nairobi hotel where a section of MPs from Central Kenya promised to defeat the draft at the referendum.
Konoin MP Julius Kones confirmed that they met with some of their ‘Yes’ counterparts but refused to divulge more details.
Reacting separately, a PNU insider and a former minister singled out Uhuru for allegedly frustrating the ‘Yes’ campaign by perceived reluctance to go all the way by personally investing resources and time in the campaigns.
"He is no ordinary Government official. When Uhuru dithers on his support for the Proposed Constitution, then sits on civic education funds (as Finance minister) and fails to address a single organised ‘Yes’ rally outside Nairobi so far, then you cannot be in doubt about what is simmering," opined the politician.
In political body language, observes the politician, Uhuru’s actions amount to a quiet revolt akin to peaceful protest through civil disobedience.
"It is significant to note that Uhuru did not second a senior Kanu member or official to the joint ‘Yes’ Secretariat," he observes.
That the ‘Yes’ camp could be harbouring moles, spies and sympathizers of the ‘No’ camp, is an open secret. Higher Education minister William Ruto, who is spearheading the anti-constitution campaigns, offered the initial hint last weekend.
Speaking last Sunday at a church in Kajiado, the minister claimed that most ministers were secretly supporting the ‘No’ campaign but were afraid to come out in the open, for fear of being fired.
In an interview with The Standard On Sunday, Mutito MP Kiema Kilonzo revealed a good number of MPs in the ‘Yes’ camp were silently campaigning for ‘No’ and that they have been giving moral support to his team.
"I can say here and now that a good number of MPs in the ‘Yes’ camp are with us. They campaign for ‘Yes’ during the day but at the fall of darkness they join us in the ‘No’ camp. We talk to them on daily basis," said Kiema.
Kalonzo and Uhuru have had to fend off accusations that they were sitting on the fence by sending out a strong message that they support the Proposed Constitution.
Several of the Vice-President’s lieutenants and ODM-Kenya MPs led by party Chairman, Samuel Poghisio are fronting the ‘No’ campaign.
Conceding the existence of moles within the ‘Yes camp, Maina demanded that the "Greens" should weed out the ‘Red’ moles.
Apart from Kibaki, Planning Assistant Minister Peter Kenneth has been vocal in the support of the proposed constitution. From Central, the Narc-Kenya leader Martha Karua has been on the campaign trail for the document.
Former Subukia MP Koigi wa Wamwere said some political leaders from the President’s backyard were not enthusiastic after finding themselves on one side with Prime Minister Raila Odinga, whom they consider their political nemesis.
Some people, observes Wamwere, believe if the new constitution is adopted, Raila will run away with the credit for spearheading the campaigns.
"They also have a feeling if the document is defeated at the referendum, Raila will definitely suffer the backlash and eventually dim his star ahead of 2012," Wamwere told The Standard On Sunday.
"I am aware some are caught between a rock and a hard place because of certain provisions. Some may want to protect their illegal wealth or large tracts of land," he said.
Former political detainee Wanyiri Kihoro observes that by Raila throwing his weight behind the proposed constitution, many politicians who were strategising for 2012 had been thrown off balance.
"There are leaders who expected the PM to oppose the document but with his stand, their plans have been thrown into disarray," said Kihoro, a former Nyeri Town MP.
Former Cabinet minister Maina Kamanda says: "Some people are uncomfortable with the campaign because they think so far it has benefited the PM more than anyone else. But it is also true that the PM consults more and gets involved in what is going than the others. Instead of sulking and demanding separate campaigns, they should get involved".
But Mwea MP Peter Gitau gives an insight into the dilemma most MPs in Central Kenya find themselves in.
The MP said since most of their followers are Christians, some of the issues being raised by the church needed consideration.
"The referendum need not to be acrimonious and should not be allowed to divide the country like in 2005. We need to carry out campaigns with decorum, that is why some of us are taking a back seat," said Gitau.
—Reports by Francis Ngige, Gakuu Mathenge and Stephen Makabila
"I am not surprised night meetings are taking place. It is alright for any individual to openly declare their stand; we shall respect that. But it is cruel for leaders to play games like singing ‘Yes’ with us in daytime, and saying ‘No’ at night," says an enraged Central Province Parliamentary Group Chairman, Mr Ephraim Maina.
And on Saturday, the absence of PNU-allied ministers at a ‘Yes’ rally addressed by Kibaki and Raila in Nairobi’s Embakasi Constituency raised more curiosity.
Last week, Vice-President Kalonzo Musyoka, while addressing a press conference in reaction to the heckling that he was subjected to during the ‘Yes’ launch at Uhuru Park, said PNU was considering going it alone in its campaigns for the Proposed Constitution.
Kalonzo — who had travelled to Juba for the inauguration of Southern Sudan President Salva Kiir — jetted back on Saturday evening, even as Health Minister Anyang’ Nyong’o gave apologies from his Energy counterpart, Kiraitu Murungi.
The hushed rebellion, especially from Central Kenya, has reportedly attracted the ire of President Kibaki.
Last Tuesday while meeting party leaders at the Kenyatta International Conference Centre, Nairobi, the President lashed out at leaders from his PNU camp for not playing ball.
"I understand some of you are opposing the Draft because you think someone has gotten cleverer. What is wrong with being clever? You should try to better your efforts," he mentioned in apparent reference to the sulking by some PNU MPs who felt that the PM was making political mileage from campaigning for the Proposed Constitution.
Reports about clandestine night meetings featuring political allies of President Kibaki, Kalonzo and Deputy Prime Minister Mr Uhuru Kenyatta with leaders of the ‘No’ campaign, ostensibly to "slow down the PM", raises questions as to whether those plotting to scuttle the review process are acting independently.
Sources say several meetings between the two groups have been held in the city, and have been attended by two PNU MPs, a former high-flying parastatal chief, two former ministers in the Kibaki administration and a senior religious leader associated with the revived Gikuyu Embu and Meru Cultural Association (Gema).
The Standard On Sunday learnt that another secret meeting was held last Thursday night at an exclusive Nairobi hotel where a section of MPs from Central Kenya promised to defeat the draft at the referendum.
Konoin MP Julius Kones confirmed that they met with some of their ‘Yes’ counterparts but refused to divulge more details.
Reacting separately, a PNU insider and a former minister singled out Uhuru for allegedly frustrating the ‘Yes’ campaign by perceived reluctance to go all the way by personally investing resources and time in the campaigns.
"He is no ordinary Government official. When Uhuru dithers on his support for the Proposed Constitution, then sits on civic education funds (as Finance minister) and fails to address a single organised ‘Yes’ rally outside Nairobi so far, then you cannot be in doubt about what is simmering," opined the politician.
In political body language, observes the politician, Uhuru’s actions amount to a quiet revolt akin to peaceful protest through civil disobedience.
"It is significant to note that Uhuru did not second a senior Kanu member or official to the joint ‘Yes’ Secretariat," he observes.
That the ‘Yes’ camp could be harbouring moles, spies and sympathizers of the ‘No’ camp, is an open secret. Higher Education minister William Ruto, who is spearheading the anti-constitution campaigns, offered the initial hint last weekend.
Speaking last Sunday at a church in Kajiado, the minister claimed that most ministers were secretly supporting the ‘No’ campaign but were afraid to come out in the open, for fear of being fired.
In an interview with The Standard On Sunday, Mutito MP Kiema Kilonzo revealed a good number of MPs in the ‘Yes’ camp were silently campaigning for ‘No’ and that they have been giving moral support to his team.
"I can say here and now that a good number of MPs in the ‘Yes’ camp are with us. They campaign for ‘Yes’ during the day but at the fall of darkness they join us in the ‘No’ camp. We talk to them on daily basis," said Kiema.
Kalonzo and Uhuru have had to fend off accusations that they were sitting on the fence by sending out a strong message that they support the Proposed Constitution.
Several of the Vice-President’s lieutenants and ODM-Kenya MPs led by party Chairman, Samuel Poghisio are fronting the ‘No’ campaign.
Conceding the existence of moles within the ‘Yes camp, Maina demanded that the "Greens" should weed out the ‘Red’ moles.
Apart from Kibaki, Planning Assistant Minister Peter Kenneth has been vocal in the support of the proposed constitution. From Central, the Narc-Kenya leader Martha Karua has been on the campaign trail for the document.
Former Subukia MP Koigi wa Wamwere said some political leaders from the President’s backyard were not enthusiastic after finding themselves on one side with Prime Minister Raila Odinga, whom they consider their political nemesis.
Some people, observes Wamwere, believe if the new constitution is adopted, Raila will run away with the credit for spearheading the campaigns.
"They also have a feeling if the document is defeated at the referendum, Raila will definitely suffer the backlash and eventually dim his star ahead of 2012," Wamwere told The Standard On Sunday.
"I am aware some are caught between a rock and a hard place because of certain provisions. Some may want to protect their illegal wealth or large tracts of land," he said.
Former political detainee Wanyiri Kihoro observes that by Raila throwing his weight behind the proposed constitution, many politicians who were strategising for 2012 had been thrown off balance.
"There are leaders who expected the PM to oppose the document but with his stand, their plans have been thrown into disarray," said Kihoro, a former Nyeri Town MP.
Former Cabinet minister Maina Kamanda says: "Some people are uncomfortable with the campaign because they think so far it has benefited the PM more than anyone else. But it is also true that the PM consults more and gets involved in what is going than the others. Instead of sulking and demanding separate campaigns, they should get involved".
But Mwea MP Peter Gitau gives an insight into the dilemma most MPs in Central Kenya find themselves in.
The MP said since most of their followers are Christians, some of the issues being raised by the church needed consideration.
"The referendum need not to be acrimonious and should not be allowed to divide the country like in 2005. We need to carry out campaigns with decorum, that is why some of us are taking a back seat," said Gitau.
—Reports by Francis Ngige, Gakuu Mathenge and Stephen Makabila
Monday, July 5, 2010
‘Watermelon’ politicians
Poor watermelon, just like the orange and banana, its nutritious value may soon be clouded over by politics.
But before that happens, let us remind ourselves: The watermelon is a good thirst quencher and is priceless when it comes to controlling inflammations that cause asthma, diabetes, colon cancer, arthritis and arteriosclerosis. Finally, it has no cholesterol or fats. So, let us eat watermelons but avoid being watermelons!
Sunday, May 23, 2010
‘Yes’ by day ‘No’ by night
One week after President Kibaki and Prime Minister Raila Odinga launched the ‘Yes’ campaign at a high profile rally in Nairobi’s Uhuru Park, some of their key foot soldiers have embarked on an undercover campaign for the rival ‘No’ team. The Standard on Sunday has reliably established that some politicians, who have publicly endorsed the document, are involved in a flurry of indiscreet night meetings. Like chameleons, they change colours at will. It is a tale of leaders who are green by day and red by night.
"I am not surprised night meetings are taking place. It is alright for any individual to openly declare their stand; we shall respect that. But it is cruel for leaders to play games like singing ‘Yes’ with us in daytime, and saying ‘No’ at night," says an enraged Central Province Parliamentary Group Chairman, Mr Ephraim Maina.
And on Saturday, the absence of PNU-allied ministers at a ‘Yes’ rally addressed by Kibaki and Raila in Nairobi’s Embakasi Constituency raised more curiosity.
Last week, Vice-President Kalonzo Musyoka, while addressing a press conference in reaction to the heckling that he was subjected to during the ‘Yes’ launch at Uhuru Park, said PNU was considering going it alone in its campaigns for the Proposed Constitution.
Kalonzo — who had travelled to Juba for the inauguration of Southern Sudan President Salva Kiir — jetted back on Saturday evening, even as Health Minister Anyang’ Nyong’o gave apologies from his Energy counterpart, Kiraitu Murungi.
The hushed rebellion, especially from Central Kenya, has reportedly attracted the ire of President Kibaki.
Last Tuesday while meeting party leaders at the Kenyatta International Conference Centre, Nairobi, the President lashed out at leaders from his PNU camp for not playing ball.
"I understand some of you are opposing the Draft because you think someone has gotten cleverer. What is wrong with being clever? You should try to better your efforts," he mentioned in apparent reference to the sulking by some PNU MPs who felt that the PM was making political mileage from campaigning for the Proposed Constitution.
Reports about clandestine night meetings featuring political allies of President Kibaki, Kalonzo and Deputy Prime Minister Mr Uhuru Kenyatta with leaders of the ‘No’ campaign, ostensibly to "slow down the PM", raises questions as to whether those plotting to scuttle the review process are acting independently.
Sources say several meetings between the two groups have been held in the city, and have been attended by two PNU MPs, a former high-flying parastatal chief, two former ministers in the Kibaki administration and a senior religious leader associated with the revived Gikuyu Embu and Meru Cultural Association (Gema).
The Standard On Sunday learnt that another secret meeting was held last Thursday night at an exclusive Nairobi hotel where a section of MPs from Central Kenya promised to defeat the draft at the referendum.
Konoin MP Julius Kones confirmed that they met with some of their ‘Yes’ counterparts but refused to divulge more details.
Reacting separately, a PNU insider and a former minister singled out Uhuru for allegedly frustrating the ‘Yes’ campaign by perceived reluctance to go all the way by personally investing resources and time in the campaigns.
"He is no ordinary Government official. When Uhuru dithers on his support for the Proposed Constitution, then sits on civic education funds (as Finance minister) and fails to address a single organised ‘Yes’ rally outside Nairobi so far, then you cannot be in doubt about what is simmering," opined the politician.
In political body language, observes the politician, Uhuru’s actions amount to a quiet revolt akin to peaceful protest through civil disobedience.
"It is significant to note that Uhuru did not second a senior Kanu member or official to the joint ‘Yes’ Secretariat," he observes.
That the ‘Yes’ camp could be harbouring moles, spies and sympathizers of the ‘No’ camp, is an open secret. Higher Education minister William Ruto, who is spearheading the anti-constitution campaigns, offered the initial hint last weekend.
Speaking last Sunday at a church in Kajiado, the minister claimed that most ministers were secretly supporting the ‘No’ campaign but were afraid to come out in the open, for fear of being fired.
In an interview with The Standard On Sunday, Mutito MP Kiema Kilonzo revealed a good number of MPs in the ‘Yes’ camp were silently campaigning for ‘No’ and that they have been giving moral support to his team.
"I can say here and now that a good number of MPs in the ‘Yes’ camp are with us. They campaign for ‘Yes’ during the day but at the fall of darkness they join us in the ‘No’ camp. We talk to them on daily basis," said Kiema.
Kalonzo and Uhuru have had to fend off accusations that they were sitting on the fence by sending out a strong message that they support the Proposed Constitution.
Several of the Vice-President’s lieutenants and ODM-Kenya MPs led by party Chairman, Samuel Poghisio are fronting the ‘No’ campaign.
Conceding the existence of moles within the ‘Yes camp, Maina demanded that the "Greens" should weed out the ‘Red’ moles.
Apart from Kibaki, Planning Assistant Minister Peter Kenneth has been vocal in the support of the proposed constitution. From Central, the Narc-Kenya leader Martha Karua has been on the campaign trail for the document.
Former Subukia MP Koigi wa Wamwere said some political leaders from the President’s backyard were not enthusiastic after finding themselves on one side with Prime Minister Raila Odinga, whom they consider their political nemesis.
Some people, observes Wamwere, believe if the new constitution is adopted, Raila will run away with the credit for spearheading the campaigns.
"They also have a feeling if the document is defeated at the referendum, Raila will definitely suffer the backlash and eventually dim his star ahead of 2012," Wamwere told The Standard On Sunday.
"I am aware some are caught between a rock and a hard place because of certain provisions. Some may want to protect their illegal wealth or large tracts of land," he said.
Former political detainee Wanyiri Kihoro observes that by Raila throwing his weight behind the proposed constitution, many politicians who were strategising for 2012 had been thrown off balance.
"There are leaders who expected the PM to oppose the document but with his stand, their plans have been thrown into disarray," said Kihoro, a former Nyeri Town MP.
Former Cabinet minister Maina Kamanda says: "Some people are uncomfortable with the campaign because they think so far it has benefited the PM more than anyone else. But it is also true that the PM consults more and gets involved in what is going than the others. Instead of sulking and demanding separate campaigns, they should get involved".
But Mwea MP Peter Gitau gives an insight into the dilemma most MPs in Central Kenya find themselves in.
The MP said since most of their followers are Christians, some of the issues being raised by the church needed consideration.
"The referendum need not to be acrimonious and should not be allowed to divide the country like in 2005. We need to carry out campaigns with decorum, that is why some of us are taking a back seat," said Gitau.
—Reports by Francis Ngige, Gakuu Mathenge and Stephen Makabila
"I am not surprised night meetings are taking place. It is alright for any individual to openly declare their stand; we shall respect that. But it is cruel for leaders to play games like singing ‘Yes’ with us in daytime, and saying ‘No’ at night," says an enraged Central Province Parliamentary Group Chairman, Mr Ephraim Maina.
And on Saturday, the absence of PNU-allied ministers at a ‘Yes’ rally addressed by Kibaki and Raila in Nairobi’s Embakasi Constituency raised more curiosity.
Last week, Vice-President Kalonzo Musyoka, while addressing a press conference in reaction to the heckling that he was subjected to during the ‘Yes’ launch at Uhuru Park, said PNU was considering going it alone in its campaigns for the Proposed Constitution.
Kalonzo — who had travelled to Juba for the inauguration of Southern Sudan President Salva Kiir — jetted back on Saturday evening, even as Health Minister Anyang’ Nyong’o gave apologies from his Energy counterpart, Kiraitu Murungi.
The hushed rebellion, especially from Central Kenya, has reportedly attracted the ire of President Kibaki.
Last Tuesday while meeting party leaders at the Kenyatta International Conference Centre, Nairobi, the President lashed out at leaders from his PNU camp for not playing ball.
"I understand some of you are opposing the Draft because you think someone has gotten cleverer. What is wrong with being clever? You should try to better your efforts," he mentioned in apparent reference to the sulking by some PNU MPs who felt that the PM was making political mileage from campaigning for the Proposed Constitution.
Reports about clandestine night meetings featuring political allies of President Kibaki, Kalonzo and Deputy Prime Minister Mr Uhuru Kenyatta with leaders of the ‘No’ campaign, ostensibly to "slow down the PM", raises questions as to whether those plotting to scuttle the review process are acting independently.
Sources say several meetings between the two groups have been held in the city, and have been attended by two PNU MPs, a former high-flying parastatal chief, two former ministers in the Kibaki administration and a senior religious leader associated with the revived Gikuyu Embu and Meru Cultural Association (Gema).
The Standard On Sunday learnt that another secret meeting was held last Thursday night at an exclusive Nairobi hotel where a section of MPs from Central Kenya promised to defeat the draft at the referendum.
Konoin MP Julius Kones confirmed that they met with some of their ‘Yes’ counterparts but refused to divulge more details.
Reacting separately, a PNU insider and a former minister singled out Uhuru for allegedly frustrating the ‘Yes’ campaign by perceived reluctance to go all the way by personally investing resources and time in the campaigns.
"He is no ordinary Government official. When Uhuru dithers on his support for the Proposed Constitution, then sits on civic education funds (as Finance minister) and fails to address a single organised ‘Yes’ rally outside Nairobi so far, then you cannot be in doubt about what is simmering," opined the politician.
In political body language, observes the politician, Uhuru’s actions amount to a quiet revolt akin to peaceful protest through civil disobedience.
"It is significant to note that Uhuru did not second a senior Kanu member or official to the joint ‘Yes’ Secretariat," he observes.
That the ‘Yes’ camp could be harbouring moles, spies and sympathizers of the ‘No’ camp, is an open secret. Higher Education minister William Ruto, who is spearheading the anti-constitution campaigns, offered the initial hint last weekend.
Speaking last Sunday at a church in Kajiado, the minister claimed that most ministers were secretly supporting the ‘No’ campaign but were afraid to come out in the open, for fear of being fired.
In an interview with The Standard On Sunday, Mutito MP Kiema Kilonzo revealed a good number of MPs in the ‘Yes’ camp were silently campaigning for ‘No’ and that they have been giving moral support to his team.
"I can say here and now that a good number of MPs in the ‘Yes’ camp are with us. They campaign for ‘Yes’ during the day but at the fall of darkness they join us in the ‘No’ camp. We talk to them on daily basis," said Kiema.
Kalonzo and Uhuru have had to fend off accusations that they were sitting on the fence by sending out a strong message that they support the Proposed Constitution.
Several of the Vice-President’s lieutenants and ODM-Kenya MPs led by party Chairman, Samuel Poghisio are fronting the ‘No’ campaign.
Conceding the existence of moles within the ‘Yes camp, Maina demanded that the "Greens" should weed out the ‘Red’ moles.
Apart from Kibaki, Planning Assistant Minister Peter Kenneth has been vocal in the support of the proposed constitution. From Central, the Narc-Kenya leader Martha Karua has been on the campaign trail for the document.
Former Subukia MP Koigi wa Wamwere said some political leaders from the President’s backyard were not enthusiastic after finding themselves on one side with Prime Minister Raila Odinga, whom they consider their political nemesis.
Some people, observes Wamwere, believe if the new constitution is adopted, Raila will run away with the credit for spearheading the campaigns.
"They also have a feeling if the document is defeated at the referendum, Raila will definitely suffer the backlash and eventually dim his star ahead of 2012," Wamwere told The Standard On Sunday.
"I am aware some are caught between a rock and a hard place because of certain provisions. Some may want to protect their illegal wealth or large tracts of land," he said.
Former political detainee Wanyiri Kihoro observes that by Raila throwing his weight behind the proposed constitution, many politicians who were strategising for 2012 had been thrown off balance.
"There are leaders who expected the PM to oppose the document but with his stand, their plans have been thrown into disarray," said Kihoro, a former Nyeri Town MP.
Former Cabinet minister Maina Kamanda says: "Some people are uncomfortable with the campaign because they think so far it has benefited the PM more than anyone else. But it is also true that the PM consults more and gets involved in what is going than the others. Instead of sulking and demanding separate campaigns, they should get involved".
But Mwea MP Peter Gitau gives an insight into the dilemma most MPs in Central Kenya find themselves in.
The MP said since most of their followers are Christians, some of the issues being raised by the church needed consideration.
"The referendum need not to be acrimonious and should not be allowed to divide the country like in 2005. We need to carry out campaigns with decorum, that is why some of us are taking a back seat," said Gitau.
—Reports by Francis Ngige, Gakuu Mathenge and Stephen Makabila
Wednesday, April 21, 2010
7 000 000 BATTLE
Kenyans who have registered in new voters’ roll hit the seven million-mark this week, out of the ten million voters the Interim Independent Electoral Commission targets for the referendum.
Despite low returns by 18 constituencies set aside for Electronic Voter Register pilot programme, which started the exercise last week, it emerged over 70 per cent of Kenyans IIEC targets already have their voting cards.
The news broke along with revelation Members of Parliament have not given up hopes of amending the Proposed Constitution, and that there is now renewed pressure to remove the contentious clauses from the document that will go to the referendum in July.
Figures released by IIEC showed Kenyans’ enthusiasm to take part in the referendum is high, with only two weeks to go.
The interim figures came out as Justice Minister Mutula Kilonzo confirmed the Attorney General Amos Wako would publish the Proposed Constitution on May 6 a day after the voter register is closed.
Figures released by the commission showed 6,977,192 had registered, and the North Rift leading with 619,335.
In percentage terms Ijara constituency in North Eastern Province leads, having registered 11,320 voters of expected 12,703, which constitutes 89 per cent.
But among the 17 voting blocs IIEC delineated, North Rift leads with 619,335 of the possible 1,265,597. This is despite the fact that Agriculture Minister William Ruto’s Eldoret North, which has 144,000 voters, has only registered 38,000 because it is in the electronic voter category.
South Rift follows with 599,301 registering afresh of 996,084.
Central Region (Thika) follows closely at third place, with 580,953 new voters.
Nyanza South has registered 579,635, while Nyanza Central region has 549,975. Out of 1.4 million targeted in Nairobi, only 470,016 have enrolled.
After MPs failed to push through amendments to the Proposed Constitution in Parliament, they left it upon the public to adopt or reject the document. Now, a group of MPs led by Nambale’s Chris Okemo wants the Constitution of Kenya Review Act 2008 amended to isolate contentious issues so they can be voted for later.
IlEC Chairman Ahmed Issack said there would be no extension of the registration period, and called on Kenyans who qualify to vote to register before May 5.
The chairman of Parliamentary Select Committee on Constitutional Review, Abdikadir Mohamed, said the window for amendments had closed and focus should now be on registration of voters. He said attempts by some MPs to push for amendments would not succeed as time was out.
Contentious issues
He was reacting to reports Nambale MP Chris Okemo has started a new bid to amend the Constitution of Kenya Review Act 2008, to isolate contentious issues in the Proposed Constitution so that they can be voted on separately.
Okemo’s proposal seeks to allow Kenyans to decide the fate of four contentious issues – land, abortion, devolution and Kadhis’ courts – separately from other provisions in the draft at the referendum.
He also wants Parliament to be reconvened urgently to push through the amendments and to save time. "I propose the extraction of contentious issues to be subjected to Kenyans not MPs, Church leaders or the Committee of Experts," Okemo said.
"That proposal is next to impossible because this process is almost at the closing stages. This train left the station long time ago," said Abdikadir, adding: "If we were to halt the process to talk about devolution for example, we know an agreement would not be reached today or tomorrow," he said.
He said the timelines for the process have been set and stopping the process would mean the schedules would be disrupted."
He added: "We are only waiting for the Attorney General to publish the Proposed Constitution and the Interim Electoral Commission to complete voter registration and we would be one step from voting," he said.
"The review should not be held back by the issues being raised now because politicians have been overseeing the process all along and should have made their input," he said.
Okemo said the proposal would shore up consensus for the draft and unite Kenyans. "If the amendment were to go through, the floodgates of contentious issues would include the hundreds the MPs were proposing in the House. Once this happens, the process would abort. Let the draft go to the referendum as it is," former Kabete MP Paul Muite advised.
divisive campaigns
Meanwhile, President Kibaki yesterday took his ‘Yes’ campaign to a gathering of 400 elders at the Bomas of Kenya. Kibaki, who was accompanied by Prime Minister, Raila Odinga said the country should not be subjected to divisive campaigns.
"If you see somebody lost on this issue, go to him as an elder and talk to him. Don’t harass him for what he or she stands for. Reason with him and tell them that this country needs this thing," said the President.
He said the new law would guarantee national cohesion by providing for every person’s equal enjoyment of civil and political freedoms, as well as socio-economic and cultural rights.
Mutula also announced the Government had selected representatives to engage the Church on the contentious issues that threaten the attainment of a new constitution.
The State-Church groups will meet on Monday. The Government side is made up of Cabinet ministers James Orengo, Sally Kosgei, Mohammed Elmi, Beth Mugo, Moses Wetang’ula, Mutula and Wako. It also includes MP Amina Abdullah.
"Those punching holes in the Proposed Constitution are challenging what we agreed on in Serena. It is not enough to say you want reforms when you are fighting the same reforms," Mutula said.
He said the CoE was fine-tuning documents for civic education, after which IIEC would take over and relay the message to Kenyans.
The minister made the announcement as the Committee of Experts sounded an alarm about hate propaganda being circulated ahead of the referendum. Chairman Nzamba Kitonga said they were alarmed by e-mails circulating propaganda about the Kadhis’ courts.
The e-mails urge Christians to vote ‘No’ because the draft would make Kenya an Islamic State.
The Chief Executive Officer of Brand Kenya, the Government agency that seeks to promote the country’s image to boost tourism and investments, Mary Kimonye, also cautioned that the trend the debate was taking could hurt the economy.
Despite low returns by 18 constituencies set aside for Electronic Voter Register pilot programme, which started the exercise last week, it emerged over 70 per cent of Kenyans IIEC targets already have their voting cards.
The news broke along with revelation Members of Parliament have not given up hopes of amending the Proposed Constitution, and that there is now renewed pressure to remove the contentious clauses from the document that will go to the referendum in July.
Figures released by IIEC showed Kenyans’ enthusiasm to take part in the referendum is high, with only two weeks to go.
The interim figures came out as Justice Minister Mutula Kilonzo confirmed the Attorney General Amos Wako would publish the Proposed Constitution on May 6 a day after the voter register is closed.
Figures released by the commission showed 6,977,192 had registered, and the North Rift leading with 619,335.
In percentage terms Ijara constituency in North Eastern Province leads, having registered 11,320 voters of expected 12,703, which constitutes 89 per cent.
But among the 17 voting blocs IIEC delineated, North Rift leads with 619,335 of the possible 1,265,597. This is despite the fact that Agriculture Minister William Ruto’s Eldoret North, which has 144,000 voters, has only registered 38,000 because it is in the electronic voter category.
South Rift follows with 599,301 registering afresh of 996,084.
Central Region (Thika) follows closely at third place, with 580,953 new voters.
Nyanza South has registered 579,635, while Nyanza Central region has 549,975. Out of 1.4 million targeted in Nairobi, only 470,016 have enrolled.
After MPs failed to push through amendments to the Proposed Constitution in Parliament, they left it upon the public to adopt or reject the document. Now, a group of MPs led by Nambale’s Chris Okemo wants the Constitution of Kenya Review Act 2008 amended to isolate contentious issues so they can be voted for later.
IlEC Chairman Ahmed Issack said there would be no extension of the registration period, and called on Kenyans who qualify to vote to register before May 5.
The chairman of Parliamentary Select Committee on Constitutional Review, Abdikadir Mohamed, said the window for amendments had closed and focus should now be on registration of voters. He said attempts by some MPs to push for amendments would not succeed as time was out.
Contentious issues
He was reacting to reports Nambale MP Chris Okemo has started a new bid to amend the Constitution of Kenya Review Act 2008, to isolate contentious issues in the Proposed Constitution so that they can be voted on separately.
Okemo’s proposal seeks to allow Kenyans to decide the fate of four contentious issues – land, abortion, devolution and Kadhis’ courts – separately from other provisions in the draft at the referendum.
He also wants Parliament to be reconvened urgently to push through the amendments and to save time. "I propose the extraction of contentious issues to be subjected to Kenyans not MPs, Church leaders or the Committee of Experts," Okemo said.
"That proposal is next to impossible because this process is almost at the closing stages. This train left the station long time ago," said Abdikadir, adding: "If we were to halt the process to talk about devolution for example, we know an agreement would not be reached today or tomorrow," he said.
He said the timelines for the process have been set and stopping the process would mean the schedules would be disrupted."
He added: "We are only waiting for the Attorney General to publish the Proposed Constitution and the Interim Electoral Commission to complete voter registration and we would be one step from voting," he said.
"The review should not be held back by the issues being raised now because politicians have been overseeing the process all along and should have made their input," he said.
Okemo said the proposal would shore up consensus for the draft and unite Kenyans. "If the amendment were to go through, the floodgates of contentious issues would include the hundreds the MPs were proposing in the House. Once this happens, the process would abort. Let the draft go to the referendum as it is," former Kabete MP Paul Muite advised.
divisive campaigns
Meanwhile, President Kibaki yesterday took his ‘Yes’ campaign to a gathering of 400 elders at the Bomas of Kenya. Kibaki, who was accompanied by Prime Minister, Raila Odinga said the country should not be subjected to divisive campaigns.
"If you see somebody lost on this issue, go to him as an elder and talk to him. Don’t harass him for what he or she stands for. Reason with him and tell them that this country needs this thing," said the President.
He said the new law would guarantee national cohesion by providing for every person’s equal enjoyment of civil and political freedoms, as well as socio-economic and cultural rights.
Mutula also announced the Government had selected representatives to engage the Church on the contentious issues that threaten the attainment of a new constitution.
The State-Church groups will meet on Monday. The Government side is made up of Cabinet ministers James Orengo, Sally Kosgei, Mohammed Elmi, Beth Mugo, Moses Wetang’ula, Mutula and Wako. It also includes MP Amina Abdullah.
"Those punching holes in the Proposed Constitution are challenging what we agreed on in Serena. It is not enough to say you want reforms when you are fighting the same reforms," Mutula said.
He said the CoE was fine-tuning documents for civic education, after which IIEC would take over and relay the message to Kenyans.
The minister made the announcement as the Committee of Experts sounded an alarm about hate propaganda being circulated ahead of the referendum. Chairman Nzamba Kitonga said they were alarmed by e-mails circulating propaganda about the Kadhis’ courts.
The e-mails urge Christians to vote ‘No’ because the draft would make Kenya an Islamic State.
The Chief Executive Officer of Brand Kenya, the Government agency that seeks to promote the country’s image to boost tourism and investments, Mary Kimonye, also cautioned that the trend the debate was taking could hurt the economy.
Sunday, April 18, 2010
KKK Krisis
As the debate on the constitution rages amid political realignments, Vice-President Kalonzo Musyoka, Deputy Prime Minister Uhuru Kenyatta and Agriculture Minister William Ruto have to contend with increasingly being torn apart by the No-Yes divide.
But the million-dollar question is, what exactly went wrong? Details emerging from the horse-trading gone wrong shed light on why the trio, who have been bosom buddies for close to a year under an alliance dubbed the Kalenjin, Kikuyu and Kamba (KKK) find themselves pulling in different directions.
Whereas Ruto has come out strongly to lead the onslaught against the Proposed Constitution, Kalonzo has backed the document, while Uhuru has chosen to campaign for neither side after his initial support.
Ruto’s position is that amendments should be made on the document before the referendum.
Although Kalonzo has backed the draft, he has also supported Ruto’s call for amendments. However, Kalonzo, as a Vice-President and staunch Christian, has been torn between the President’s strong push for the document and the Christian clerics opposition to it.
Drastic turnaround
The three, leaders in their respective political parties — ODM-K, PNU and ODM — were part of the political team that shepherded the review process, and specifically Ruto and Uhuru, in and out of Naivasha, were part of the Parliamentary Select Committee on Constitutional Review (PSC).
Their drastic turnaround is now being viewed by some as based on fears that the New Constitution may scuttle their attempts to craft an alliance amongst their communities as a vehicle around which to marshal troops for the 2012 Kibaki succession battle against ODM.
The trio accused their critics over the KKK tag that attracted severe criticism.
But Ruto says he opposes the Draft on principle since the devolution model in the Proposed Constitution is inadequate because the counties will be too weak to counter the central government. He instead wants inclusion of regional governments.
Initially, Kalonzo and Uhuru appeared to have no problem with the document until Ruto and a group of his Rift Valley political leaders, with the support of a gaggle of Coast political leaders, insisted that failure to include regional governments was not acceptable to them.
Interviews with various players indicate Kalonzo and Uhuru seem to have decided to keep Ruto company, in apparent recognition that he and his rebel wing of ODM that he leads may have lost their push for regional governments on account of siding with PNU against ODM.
"ODM wanted a hybrid and a three-tier system that featured a President, a PM, and regional governments. But a day before we went to Naivasha, the Cabinet consensus group comprising James Orengo (Lands), Musalia Mudavadi (Local Government), Uhuru (Finance) and Moses Wetang’ula (Foreign) had not agreed on some issues," Assistant Minister Mwangi Kiunjuri, who is also a PSC member, told The Sunday Standard.
As a result, ODM opted to sponsor a strong presidency as a bait for PNU to compromise on a three-tier government with regions to check the Executive.
"PNU had up to that point objected to the three-tier system, fearing it was a clever scheme to sneak majimbo into the constitution," says Kiunjuri.
In an interview, Kiunjuri said PNU, still smarting from the ODM surprise, had no problem with one centre of power, and quickly dropped its opposition to regions, with safeguards against forcible evictions complemented by a powerful Bill of Rights.
"It is Ruto who proposed the powerful presidency, and was seconded by Musalia Mudavadi and Martha Karua. It is only Garsen MP Danson Mungatana, Isaac Ruto (Chepalungu) and I who opposed the proposal. But in the spirit of consensus, we were outnumbered. In the end, the Naivasha consensus settled on a strong presidential system, with 18 regional governments to check the Executive. This was acceptable to all and was what we took to back to CoE in February," Kiunjuri said.
Presidential system
But Ruto is categorical on his position: "When we agreed on the pure presidential system of government at Naivasha, we wanted it to go hand-in-hand with strong regional governments that would counter-balance powers of the presidency."
However, the proponents of the regional governments, mostly from the Rift Valley and a few from the Coast, led by Ruto now accuse the CoE of "provocatively" overturning the Naivasha consenus when it submitted the Draft to Parliament without the regions.
However, during a live interview with KTN on Wednesday evening, Karua said the regions were dropped when it became apparent that the PSC might never agree on either the number or the boundaries.
"The CoE went out of its way to meet the PSC over regions at Karen before publishing the Draft submitted to Parliament. We could not agree on the number of regions and boundaries," said Karua.
She explained that PSC settled on the least controversial 46 districts the country had in 1992, plus Nairobi, as the starting point for counties as devolution units. CoE and PSC, and Parliament had move to forward as the review calendar is tight," Karua said.
Although most MPs in Central Province have voiced their support for the draft, Uhuru is torn between keeping his political ties with Ruto without losing his home ground support come the next election.
Ruto’s dalliance with Kalonzo and Uhuru and against his party leader and Prime Minister Raila Odinga put ODM in an awkward position throughout the negotiations on the Draft.
When he needed crucial support for the inclusion of regions, MPs from central Kenya — most of who have had their kin evicted from Rift Valley during land clashes — withheld their support.
The pro-Raila Rift Valley politicians in ODM are using this to portray Ruto as insisting on an alliance with an unreliable political ally.
Allies of the three politicians were quick to dispel fears that the alliance may not hold after the referendum.
"Ruto and Uhuru are not opposed to the Draft, but they are calling for dialogue and a better position. KKK cannot die, ours is a unity of purpose. In Kenya’s politics today, no one can become a President without forming alliances," said Kutuny.
He argued that KKK had served the protagonists in the Rift Valley well, saying their coming together had eased ethnic tension in the region.
However, Kamukunji MP, Simon Mbugua, a vocal KKK enthusiast, said the alliance would be strained by the demand for regions by Rift Valley politicians.
Regional governments
"It will be difficult for us to support regional governments, which we fear is another name for majimbo," he said. Machakos Town MP Victor Munyaka said despite Ruto and Kalonzo being in different camps, the alliance will still hold. "Their 2012 plan is still intact because the referendum is not part of the succession battle."
Said Dr Munyaka: "Ruto and Kalonzo are a vibrant pair despite being in different camps."
However, a close aide of Uhuru, who did not wish to be named said: "Uhuru is opposed to an acrimonious campaign that will split the country further before he 2007 wounds have healed"
But the million-dollar question is, what exactly went wrong? Details emerging from the horse-trading gone wrong shed light on why the trio, who have been bosom buddies for close to a year under an alliance dubbed the Kalenjin, Kikuyu and Kamba (KKK) find themselves pulling in different directions.
Whereas Ruto has come out strongly to lead the onslaught against the Proposed Constitution, Kalonzo has backed the document, while Uhuru has chosen to campaign for neither side after his initial support.
Ruto’s position is that amendments should be made on the document before the referendum.
Although Kalonzo has backed the draft, he has also supported Ruto’s call for amendments. However, Kalonzo, as a Vice-President and staunch Christian, has been torn between the President’s strong push for the document and the Christian clerics opposition to it.
Drastic turnaround
The three, leaders in their respective political parties — ODM-K, PNU and ODM — were part of the political team that shepherded the review process, and specifically Ruto and Uhuru, in and out of Naivasha, were part of the Parliamentary Select Committee on Constitutional Review (PSC).
Their drastic turnaround is now being viewed by some as based on fears that the New Constitution may scuttle their attempts to craft an alliance amongst their communities as a vehicle around which to marshal troops for the 2012 Kibaki succession battle against ODM.
The trio accused their critics over the KKK tag that attracted severe criticism.
But Ruto says he opposes the Draft on principle since the devolution model in the Proposed Constitution is inadequate because the counties will be too weak to counter the central government. He instead wants inclusion of regional governments.
Initially, Kalonzo and Uhuru appeared to have no problem with the document until Ruto and a group of his Rift Valley political leaders, with the support of a gaggle of Coast political leaders, insisted that failure to include regional governments was not acceptable to them.
Interviews with various players indicate Kalonzo and Uhuru seem to have decided to keep Ruto company, in apparent recognition that he and his rebel wing of ODM that he leads may have lost their push for regional governments on account of siding with PNU against ODM.
"ODM wanted a hybrid and a three-tier system that featured a President, a PM, and regional governments. But a day before we went to Naivasha, the Cabinet consensus group comprising James Orengo (Lands), Musalia Mudavadi (Local Government), Uhuru (Finance) and Moses Wetang’ula (Foreign) had not agreed on some issues," Assistant Minister Mwangi Kiunjuri, who is also a PSC member, told The Sunday Standard.
As a result, ODM opted to sponsor a strong presidency as a bait for PNU to compromise on a three-tier government with regions to check the Executive.
"PNU had up to that point objected to the three-tier system, fearing it was a clever scheme to sneak majimbo into the constitution," says Kiunjuri.
In an interview, Kiunjuri said PNU, still smarting from the ODM surprise, had no problem with one centre of power, and quickly dropped its opposition to regions, with safeguards against forcible evictions complemented by a powerful Bill of Rights.
"It is Ruto who proposed the powerful presidency, and was seconded by Musalia Mudavadi and Martha Karua. It is only Garsen MP Danson Mungatana, Isaac Ruto (Chepalungu) and I who opposed the proposal. But in the spirit of consensus, we were outnumbered. In the end, the Naivasha consensus settled on a strong presidential system, with 18 regional governments to check the Executive. This was acceptable to all and was what we took to back to CoE in February," Kiunjuri said.
Presidential system
But Ruto is categorical on his position: "When we agreed on the pure presidential system of government at Naivasha, we wanted it to go hand-in-hand with strong regional governments that would counter-balance powers of the presidency."
However, the proponents of the regional governments, mostly from the Rift Valley and a few from the Coast, led by Ruto now accuse the CoE of "provocatively" overturning the Naivasha consenus when it submitted the Draft to Parliament without the regions.
However, during a live interview with KTN on Wednesday evening, Karua said the regions were dropped when it became apparent that the PSC might never agree on either the number or the boundaries.
"The CoE went out of its way to meet the PSC over regions at Karen before publishing the Draft submitted to Parliament. We could not agree on the number of regions and boundaries," said Karua.
She explained that PSC settled on the least controversial 46 districts the country had in 1992, plus Nairobi, as the starting point for counties as devolution units. CoE and PSC, and Parliament had move to forward as the review calendar is tight," Karua said.
Although most MPs in Central Province have voiced their support for the draft, Uhuru is torn between keeping his political ties with Ruto without losing his home ground support come the next election.
Ruto’s dalliance with Kalonzo and Uhuru and against his party leader and Prime Minister Raila Odinga put ODM in an awkward position throughout the negotiations on the Draft.
When he needed crucial support for the inclusion of regions, MPs from central Kenya — most of who have had their kin evicted from Rift Valley during land clashes — withheld their support.
The pro-Raila Rift Valley politicians in ODM are using this to portray Ruto as insisting on an alliance with an unreliable political ally.
Allies of the three politicians were quick to dispel fears that the alliance may not hold after the referendum.
"Ruto and Uhuru are not opposed to the Draft, but they are calling for dialogue and a better position. KKK cannot die, ours is a unity of purpose. In Kenya’s politics today, no one can become a President without forming alliances," said Kutuny.
He argued that KKK had served the protagonists in the Rift Valley well, saying their coming together had eased ethnic tension in the region.
However, Kamukunji MP, Simon Mbugua, a vocal KKK enthusiast, said the alliance would be strained by the demand for regions by Rift Valley politicians.
Regional governments
"It will be difficult for us to support regional governments, which we fear is another name for majimbo," he said. Machakos Town MP Victor Munyaka said despite Ruto and Kalonzo being in different camps, the alliance will still hold. "Their 2012 plan is still intact because the referendum is not part of the succession battle."
Said Dr Munyaka: "Ruto and Kalonzo are a vibrant pair despite being in different camps."
However, a close aide of Uhuru, who did not wish to be named said: "Uhuru is opposed to an acrimonious campaign that will split the country further before he 2007 wounds have healed"
Sunday, April 11, 2010
Is AP still plotting for ‘future’ action?
By Standard Reporter
Two years to the next General Election, the ODM wing of the coalition is crying foul that PNU intends to use the Administration Police to once again manipulate the 2012 poll.
The party’s fears stem from the unprecedented expansion and modernisation of the force within the past seven years.
Once known as the tribal police, the AP has grown in leaps and bounds under the stewardship of their powerful but controversial commandant Kinuthia Mbugua.
How we reported the incident.
Since taking over in 2003, Mbugua has seen the number of AP officers leapfrog from 16,000 to 41,000 compared to the regular police at 43,000.
From an ill-equipped unit, the AP today is said to have the best equipment among the civilian security units. Insiders say the force is much better equipped than the rapid response General Service Unit of the regular police force.
The AP now boasts of bullet-proof jackets, balaclavas, masks and knee and leg calf protectors.
The AP recently set up a marine wing, and is acquiring an air wing. In 2007 the force formed the Rapid Deployment Unit in parallel to the police force’s General Service Unit.
It is reported that the AP has sunk Sh950m in 5,000 high-calibre guns and 2,000 machine guns. It is also reported that the force is spending another Sh510 million to buy a second hand helicopter from South Africa.
Another unspecified amount is said to have been sunk in the purchase of a second chopper, and acquisition of a marine boat to be used alongside one that is already operating in Lake Victoria.
During last year’s budget, when the allocation for security forces was slashed by about Sh600 million, the AP got an increment of Sh700 million.
It is this expansion, with the hindsight of how it was used in the 2007 General Election that is causing jitters in ODM.
It has raised fears that they are either being pampered or are being prepared for a mission, which is not yet clear.
An internal party document prepared by ODM secretary general Anyang’ Nyong’o claims: "Whereas the recruitment and deployment of the regular police has stalled; APs are being given military training; are getting sophisticated military equipment, and are being armed like an elite presidential unit."
The image of the AP has also been tainted with increasing links to crimes.
The force was lately in the limelight over the discovery of a cache of ammunition in Narok.
More than 100,000 bullets, six guns, military uniforms and gun cleaning oil were seized at businessman Munir Ahmed’s house in December.
The consignment is said to have come from AP armoury in Nairobi. The force’s chief armourer is currently facing trial in connection with the find.
The training of the APs has also been called in to question following murders committed by officers in the force.
Police reforms
It was in light of these issues that the Taskforce on Police Reforms headed by retired justice Philip Ransley recommended the merger of the regular and AP forces.
However, Mbugua, who has served in the force for more than 30 years, has fiercely resisted these suggestions.
Under the Proposed Constitution, the commandants of the two forces will fall under the Inspector General of police, but will function independently.
Currently the AP commandant reports directly to the Permanent Secretary in the Ministry of Provincial Administration and Internal Security.
Two years to the next General Election, the ODM wing of the coalition is crying foul that PNU intends to use the Administration Police to once again manipulate the 2012 poll.
The party’s fears stem from the unprecedented expansion and modernisation of the force within the past seven years.
Once known as the tribal police, the AP has grown in leaps and bounds under the stewardship of their powerful but controversial commandant Kinuthia Mbugua.
How we reported the incident.
Since taking over in 2003, Mbugua has seen the number of AP officers leapfrog from 16,000 to 41,000 compared to the regular police at 43,000.
From an ill-equipped unit, the AP today is said to have the best equipment among the civilian security units. Insiders say the force is much better equipped than the rapid response General Service Unit of the regular police force.
The AP now boasts of bullet-proof jackets, balaclavas, masks and knee and leg calf protectors.
The AP recently set up a marine wing, and is acquiring an air wing. In 2007 the force formed the Rapid Deployment Unit in parallel to the police force’s General Service Unit.
It is reported that the AP has sunk Sh950m in 5,000 high-calibre guns and 2,000 machine guns. It is also reported that the force is spending another Sh510 million to buy a second hand helicopter from South Africa.
Another unspecified amount is said to have been sunk in the purchase of a second chopper, and acquisition of a marine boat to be used alongside one that is already operating in Lake Victoria.
During last year’s budget, when the allocation for security forces was slashed by about Sh600 million, the AP got an increment of Sh700 million.
It is this expansion, with the hindsight of how it was used in the 2007 General Election that is causing jitters in ODM.
It has raised fears that they are either being pampered or are being prepared for a mission, which is not yet clear.
An internal party document prepared by ODM secretary general Anyang’ Nyong’o claims: "Whereas the recruitment and deployment of the regular police has stalled; APs are being given military training; are getting sophisticated military equipment, and are being armed like an elite presidential unit."
The image of the AP has also been tainted with increasing links to crimes.
The force was lately in the limelight over the discovery of a cache of ammunition in Narok.
More than 100,000 bullets, six guns, military uniforms and gun cleaning oil were seized at businessman Munir Ahmed’s house in December.
The consignment is said to have come from AP armoury in Nairobi. The force’s chief armourer is currently facing trial in connection with the find.
The training of the APs has also been called in to question following murders committed by officers in the force.
Police reforms
It was in light of these issues that the Taskforce on Police Reforms headed by retired justice Philip Ransley recommended the merger of the regular and AP forces.
However, Mbugua, who has served in the force for more than 30 years, has fiercely resisted these suggestions.
Under the Proposed Constitution, the commandants of the two forces will fall under the Inspector General of police, but will function independently.
Currently the AP commandant reports directly to the Permanent Secretary in the Ministry of Provincial Administration and Internal Security.
How plan to hire APs was reached
By Kipchumba Some
So why and when was the decision taken to use the Administration Police officers as PNU agents?
One week to the 2007 General Election, opinion polls indicated that opposition candidate Raila Odinga of ODM held a commanding lead against the incumbent President Kibaki of PNU.
At the same time, PNU was in disarray. Just one week to the elections, the party was yet to recruit agents countrywide.
Some who had been recruited in opposition strongholds of Rift Valley and Nyanza were reporting hostilities towards them.
One of the Citi Hoppa buses that The Standard crew trailed as it ferried officers from the Administration Police College in Nairobi. Photo: Boniface Okendo/Standard
"It dawned on us that we were going to lose the elections," said a former Cabinet minister who sought anonymity.
"It was a desperate time for us."
Part of the desperation was caused by a group of individuals, many of them close to State House, who are claimed to have misappropriated the money meant for agents.
"It is this same group that came up with the idea of using APs," claimed a PNU official.
"It was ingenious in that they would claim that the officers were needed to boost security," he added.
In his testimony to the Waki Commission, Head of Public Service Ambassador Francis Muthaura said the deployment was commissioned for security reasons, an argument the Commission and the former minister dispute.
Injudicious decision
"I personally think the decision to use AP officers was rather injudicious. We would have probably objected had it been brought before the Cabinet. But it was not. It is a decision that was taken by a few people close to the President.
He continued: "As it is noted in that report, there was no security threat in Nyanza. The bare fact of the matter is that this was an enterprise to manipulate votes. What I am aggrieved is that it cost so many lives of innocent officers," he said.
The Waki Report notes this of the use of APs: "Ostensibly their role was to disrupt polling and where possible ensure that Government supporters among the candidates and voters prevailed.
On hearing about the operation, the National Intelligence Security Service (NSIS) advised the Government against it. However, their advice went unheeded.
"The guys who were organising that operation were not ready to listen to any other voice. We just had to let them run the show," said our source.
He further disclosed that the General Service Unit (GSU) had been approached for the operation but declined, saying it was a bogus operation "beneath their stature".
Retired AP officers were also used during the operation. Kibunja wa Kamau, 52, of Watuka village who retired from the force in 1994, was one of them.
Although he declined to talk to The Standard on Sunday for this story, he had narrated in a previous interview of how he cheated death in Ugunja, Ugenya Constituency on December 27, from irate villagers.
Most of the officers picked for the mission came from the Kalenjin and Kikuyu communities.
"It was believed Kikuyu officers would readily accept the mission because they came from Kibaki’s tribe. Traditionally, Kalenjin have had high numbers within the security forces so it was hard to overlook them," said our source.
However, most of the Kalenjin officers who were deployed disembarked at Kericho town where the first attack of the convoy transporting the officers occurred.
President Kibaki’s unilateral decision to appoint ECK commissioners in the run-up to the 2007 General Election had set the stage for opposition claims that the Government was planning to steal the elections.
Bogus operation
However, the AP had drawn special attention to itself in the run-up to the poll. On December 20, 2007 four AP officers had been caught distributing anti-Raila hate leaflets in Iten town.
"We were a hated lot and the Government knew that. Yet it still sent us straight to the jaws of death," said an officer who survived the mission.
On allegations that the families of the victims have been paid for their silence, Jane Wambui, the widow of constable George Githuati, said: "The officials who visited me gave me Sh50,000. I do not know whether it was their personal donation or it was from the Government."
Mrs Pauline Njeri Kabiru, the mother of constable William Nyamu who is still missing refused to discuss the topic.
So why and when was the decision taken to use the Administration Police officers as PNU agents?
One week to the 2007 General Election, opinion polls indicated that opposition candidate Raila Odinga of ODM held a commanding lead against the incumbent President Kibaki of PNU.
At the same time, PNU was in disarray. Just one week to the elections, the party was yet to recruit agents countrywide.
Some who had been recruited in opposition strongholds of Rift Valley and Nyanza were reporting hostilities towards them.
One of the Citi Hoppa buses that The Standard crew trailed as it ferried officers from the Administration Police College in Nairobi. Photo: Boniface Okendo/Standard
"It dawned on us that we were going to lose the elections," said a former Cabinet minister who sought anonymity.
"It was a desperate time for us."
Part of the desperation was caused by a group of individuals, many of them close to State House, who are claimed to have misappropriated the money meant for agents.
"It is this same group that came up with the idea of using APs," claimed a PNU official.
"It was ingenious in that they would claim that the officers were needed to boost security," he added.
In his testimony to the Waki Commission, Head of Public Service Ambassador Francis Muthaura said the deployment was commissioned for security reasons, an argument the Commission and the former minister dispute.
Injudicious decision
"I personally think the decision to use AP officers was rather injudicious. We would have probably objected had it been brought before the Cabinet. But it was not. It is a decision that was taken by a few people close to the President.
He continued: "As it is noted in that report, there was no security threat in Nyanza. The bare fact of the matter is that this was an enterprise to manipulate votes. What I am aggrieved is that it cost so many lives of innocent officers," he said.
The Waki Report notes this of the use of APs: "Ostensibly their role was to disrupt polling and where possible ensure that Government supporters among the candidates and voters prevailed.
On hearing about the operation, the National Intelligence Security Service (NSIS) advised the Government against it. However, their advice went unheeded.
"The guys who were organising that operation were not ready to listen to any other voice. We just had to let them run the show," said our source.
He further disclosed that the General Service Unit (GSU) had been approached for the operation but declined, saying it was a bogus operation "beneath their stature".
Retired AP officers were also used during the operation. Kibunja wa Kamau, 52, of Watuka village who retired from the force in 1994, was one of them.
Although he declined to talk to The Standard on Sunday for this story, he had narrated in a previous interview of how he cheated death in Ugunja, Ugenya Constituency on December 27, from irate villagers.
Most of the officers picked for the mission came from the Kalenjin and Kikuyu communities.
"It was believed Kikuyu officers would readily accept the mission because they came from Kibaki’s tribe. Traditionally, Kalenjin have had high numbers within the security forces so it was hard to overlook them," said our source.
However, most of the Kalenjin officers who were deployed disembarked at Kericho town where the first attack of the convoy transporting the officers occurred.
President Kibaki’s unilateral decision to appoint ECK commissioners in the run-up to the 2007 General Election had set the stage for opposition claims that the Government was planning to steal the elections.
Bogus operation
However, the AP had drawn special attention to itself in the run-up to the poll. On December 20, 2007 four AP officers had been caught distributing anti-Raila hate leaflets in Iten town.
"We were a hated lot and the Government knew that. Yet it still sent us straight to the jaws of death," said an officer who survived the mission.
On allegations that the families of the victims have been paid for their silence, Jane Wambui, the widow of constable George Githuati, said: "The officials who visited me gave me Sh50,000. I do not know whether it was their personal donation or it was from the Government."
Mrs Pauline Njeri Kabiru, the mother of constable William Nyamu who is still missing refused to discuss the topic.
Saturday, April 10, 2010
Secrets of APs’ role in 2007 poll
By Kipchumba Some
In the run-up to the 2007 General Election, thousands of AP officers were summoned to their training college in Nairobi for an undisclosed mission.
They were oathed, even as their colleagues from a certain region were thrown out of camp. It turned out that they were to act as agents of President Kibaki’s Party of National Unity.
They were further shocked by the appearance of a commissioner and top officials of ECK who trained them on how to stuff ballot papers.
They feared for their security but were paid handsomely and later several were killed by mobs in South Nyanza.
Without a word on what exactly happened or compensation, it is an agonising experience for families of those who were killed or lost without a trace.
For more than two years now Mrs Pauline Njeri Kabiru has been hoping her son constable William
Nyamu of force number 2003052252 would return home and end her anguish.
Nyamu was part of the contingent of 1,607 Administration Police officers deployed in Nyanza
Province on the night of December 24, 2007, just three days to the December 27 elections, to act as polling agents of Party of National Unity.
"He informed us on December 24 that he was going to work in Nyanza and would be back on the
December 28, but that was not to be. We are still keeping faith that he would return," says his distraught mother.
After six months of waiting in vain for her son’s return, a delegation from the AP headquarters visited her in June 2008, and confirmed her worst fears: her son was indeed missing.
"They told me that he might have died in the operation, but could not be certain," said Kabiru.
"I cried for days on end."
They informed her that it would take seven years before he is declared legally dead
"It is painful to lose a child. It is even more tormenting not to know whether he is dead or alive. It would have been better if I had seen his body and buried it," she adds.
Full list
Constable Nyamu was stationed in Kericho and was barely a year old in the force.
In an interview with The Standard on Saturday at Kwa Mwaura village, Nyariguni area, Ndaiga division,
Laikipia East District, Kabiru declined to give us a photo of her son or to have hers taken.
But in its investigation The Standard on Saturday obtained the full list of the officers sent to
Nyanza, indicating their force numbers. The list also contains the amount of money they were
paid for the job.
The Standard on Saturday has names of some officers allegedly killed during the operation.
The Standard on Saturday also heard of heart-rending ordeals the officers went through in Nyanza as irate ODM supporters hunted them down like wild animals.
Meanwhile, the Government is maintaining a stony silence over the whole matter with rumours
running high of a cover-up to conceal from the public the truth about the whole operation.
Neither the AP high command nor senior Government officials were ready to comment on the
story or provide details on the number of officers killed, missing or injured.
Jane Wambui, a mother of four, will never understand why her husband of 24 years, constable
George Mwangi Githuathi of force number 81010355 died.
"We know that officers die in the line of duty, but was whatever he was going to do worth his life?"
she poses.
"The State sent him there and they have the answer to that question," she adds.
Githuati was killed at a roadblock in Migori town where ODM supporters were screening vehicles
for the officers after they learnt that a number of them had been sent to the region to steal
votes.
"On December 25, we got a call from his mobile phone. Then a strange voice asked whether we
knew the owner of the phone. We said yes. The man on the other end said they were going to kill him,"
recounts his widow.
Githuati, who hailed from Watuka village, Mweiga division, Nyeri District, had served the force for 26 years, since 1981.
After several months of searching, they finally found his body and transported it back to his
home for burial.
"It was a bitter moment for me. We had lost the central pillar of our family," she said.
Internal Security Permanent Secretary Francis Kimemia did not respond to our requests for comment.
Assistant minister in the same ministry Orwa Ojode said he did not have information concerning
the whole issue since it happened before his appointment.
Contacted for comment AP Commandant Kinuthia Mbugua referred us to AP spokesman
Masoud Munyi.
Munyi declined to disclose the number of the officers killed saying, "It would evoke bad memories
for the families of the affected soldiers."
"Kindly let us comfortably leave it at that. It is not in anybody’s interest to dwell on such things for that long. Those are things that happened long ago
and need not to be pursued at this time," he said.
But time has not healed the scar constable Charles Kibet* sustained in the head during the operation.
He struggled to find appropriate words to describe the near-death ordeal he went through on evening of December 25, 2007, at Nyandhiwa village, Suba District.
"It was horrible. It was like a horror movie. Everybody was shouting and chasing us. We did
not have anything to protect our selves with. We were at the mercy of the angry villagers," he said.
Constable Kibet survived the ordeal with a machete cut to his head. He pleaded to be pardoned
on account of his tribe.
"I told them I was a Kalenjin, thus could not be their enemy," he says.
At the time the Kalenjin and Luo were solidly united behind ODM presidential candidate Raila Odinga who became Prime Minister after the February 28, 2008,
power-sharing deal.
Castration threat
Another officer constable Richard Momanyi was lucky to have survived without injuries. He was attacked while looking for his station at Uriri trading centre.
"They beat me up, held me down and threatened to castrate me. I pleaded with them that I was
not their enemy. I gave them all the money I had. A highway traffic patrol officer who found me escorted
me to Kisii and gave me money to go home.
At Sori trading centre in Migori District, the locals described to this writer how they killed an AP
inspector on the afternoon of Christmas Day.
"He alighted from a bus and started acting suspiciously. When we asked him who he was, he
reached out to his breast pocket. We thought he was removing a gun and that is when we lynched
him," said a local.
At Homa Bay Police Station, an officer told this writer that 22 APs aboard a City Hoppa bus were
dropped at the town.
"We only rescued nine and do not know what happened to the rest of them," he said.
Several female officers were also deployed for the operation. A senior source within the AP disclosed
to us that some of them, including the daughter of a senior AP adjutant, were raped.
However, the female officers were reluctant to talk to the press about their ordeal.
*The real names of Constable Charles Kibet and Richard Momanyi have been changed to protect
their identities since they are still serving in the force.
*We could not ascertain the force number of constable Joseph Kioko who is believed to have
died.
In the run-up to the 2007 General Election, thousands of AP officers were summoned to their training college in Nairobi for an undisclosed mission.
They were oathed, even as their colleagues from a certain region were thrown out of camp. It turned out that they were to act as agents of President Kibaki’s Party of National Unity.
They were further shocked by the appearance of a commissioner and top officials of ECK who trained them on how to stuff ballot papers.
They feared for their security but were paid handsomely and later several were killed by mobs in South Nyanza.
Without a word on what exactly happened or compensation, it is an agonising experience for families of those who were killed or lost without a trace.
For more than two years now Mrs Pauline Njeri Kabiru has been hoping her son constable William
Nyamu of force number 2003052252 would return home and end her anguish.
Nyamu was part of the contingent of 1,607 Administration Police officers deployed in Nyanza
Province on the night of December 24, 2007, just three days to the December 27 elections, to act as polling agents of Party of National Unity.
"He informed us on December 24 that he was going to work in Nyanza and would be back on the
December 28, but that was not to be. We are still keeping faith that he would return," says his distraught mother.
After six months of waiting in vain for her son’s return, a delegation from the AP headquarters visited her in June 2008, and confirmed her worst fears: her son was indeed missing.
"They told me that he might have died in the operation, but could not be certain," said Kabiru.
"I cried for days on end."
They informed her that it would take seven years before he is declared legally dead
"It is painful to lose a child. It is even more tormenting not to know whether he is dead or alive. It would have been better if I had seen his body and buried it," she adds.
Full list
Constable Nyamu was stationed in Kericho and was barely a year old in the force.
In an interview with The Standard on Saturday at Kwa Mwaura village, Nyariguni area, Ndaiga division,
Laikipia East District, Kabiru declined to give us a photo of her son or to have hers taken.
But in its investigation The Standard on Saturday obtained the full list of the officers sent to
Nyanza, indicating their force numbers. The list also contains the amount of money they were
paid for the job.
The Standard on Saturday has names of some officers allegedly killed during the operation.
The Standard on Saturday also heard of heart-rending ordeals the officers went through in Nyanza as irate ODM supporters hunted them down like wild animals.
Meanwhile, the Government is maintaining a stony silence over the whole matter with rumours
running high of a cover-up to conceal from the public the truth about the whole operation.
Neither the AP high command nor senior Government officials were ready to comment on the
story or provide details on the number of officers killed, missing or injured.
Jane Wambui, a mother of four, will never understand why her husband of 24 years, constable
George Mwangi Githuathi of force number 81010355 died.
"We know that officers die in the line of duty, but was whatever he was going to do worth his life?"
she poses.
"The State sent him there and they have the answer to that question," she adds.
Githuati was killed at a roadblock in Migori town where ODM supporters were screening vehicles
for the officers after they learnt that a number of them had been sent to the region to steal
votes.
"On December 25, we got a call from his mobile phone. Then a strange voice asked whether we
knew the owner of the phone. We said yes. The man on the other end said they were going to kill him,"
recounts his widow.
Githuati, who hailed from Watuka village, Mweiga division, Nyeri District, had served the force for 26 years, since 1981.
After several months of searching, they finally found his body and transported it back to his
home for burial.
"It was a bitter moment for me. We had lost the central pillar of our family," she said.
Internal Security Permanent Secretary Francis Kimemia did not respond to our requests for comment.
Assistant minister in the same ministry Orwa Ojode said he did not have information concerning
the whole issue since it happened before his appointment.
Contacted for comment AP Commandant Kinuthia Mbugua referred us to AP spokesman
Masoud Munyi.
Munyi declined to disclose the number of the officers killed saying, "It would evoke bad memories
for the families of the affected soldiers."
"Kindly let us comfortably leave it at that. It is not in anybody’s interest to dwell on such things for that long. Those are things that happened long ago
and need not to be pursued at this time," he said.
But time has not healed the scar constable Charles Kibet* sustained in the head during the operation.
He struggled to find appropriate words to describe the near-death ordeal he went through on evening of December 25, 2007, at Nyandhiwa village, Suba District.
"It was horrible. It was like a horror movie. Everybody was shouting and chasing us. We did
not have anything to protect our selves with. We were at the mercy of the angry villagers," he said.
Constable Kibet survived the ordeal with a machete cut to his head. He pleaded to be pardoned
on account of his tribe.
"I told them I was a Kalenjin, thus could not be their enemy," he says.
At the time the Kalenjin and Luo were solidly united behind ODM presidential candidate Raila Odinga who became Prime Minister after the February 28, 2008,
power-sharing deal.
Castration threat
Another officer constable Richard Momanyi was lucky to have survived without injuries. He was attacked while looking for his station at Uriri trading centre.
"They beat me up, held me down and threatened to castrate me. I pleaded with them that I was
not their enemy. I gave them all the money I had. A highway traffic patrol officer who found me escorted
me to Kisii and gave me money to go home.
At Sori trading centre in Migori District, the locals described to this writer how they killed an AP
inspector on the afternoon of Christmas Day.
"He alighted from a bus and started acting suspiciously. When we asked him who he was, he
reached out to his breast pocket. We thought he was removing a gun and that is when we lynched
him," said a local.
At Homa Bay Police Station, an officer told this writer that 22 APs aboard a City Hoppa bus were
dropped at the town.
"We only rescued nine and do not know what happened to the rest of them," he said.
Several female officers were also deployed for the operation. A senior source within the AP disclosed
to us that some of them, including the daughter of a senior AP adjutant, were raped.
However, the female officers were reluctant to talk to the press about their ordeal.
*The real names of Constable Charles Kibet and Richard Momanyi have been changed to protect
their identities since they are still serving in the force.
*We could not ascertain the force number of constable Joseph Kioko who is believed to have
died.
Sunday, April 4, 2010
AUGUST HOUSE
By Dominic Odipo
How come somebody has not told Mr William Ruto that there is a great difference between the way one speaks at a public rally or a funeral and the way one speaks in the confined and cosier chambers of Parliament?
Speech, as I understand it, is supposed to be geared not just to the audience but also to the circumstances and the setting. At a public rally you can let loose, flail your arms in the air, bang the nearest table, shout or even cry to carry your audience along. Within the more reflective parliamentary chamber, especially in these days of live television coverage, you indulge in these rhetorical luxuries at your own peril.
If you shout and flail your arms in the air in the chamber, the impression you convey is that you are an angry, combative, uncompromising and driven person determined to have your way no matter what. When these images are beamed live or later, ordinary people watching television literally see an angry man shouting or gesticulating at them in the privacy of their own sitting rooms.
Ruto is an intelligent man but this intelligence seems to be getting lost in his anger, combativeness and concomitant belligerence as was clearly demonstrated in Parliament last week.
During the final exchanges of the constitutional review debate on Thursday evening, Ruto stood up and raised what was clearly a major and seminal point. Wasn’t there something, Mr Speaker, wrong with a provision, which requires a 65 per cent majority to go one way and only a simple majority to go the other way? Of course there was something manifestly inconsistent here.
But in his seeming blind fury, Ruto apparently failed to note the finest and most fundamental point regarding this provision. As the Speaker gleefully pointed out to him, this provision, with all its strengths and weaknesses, was the law as had been passed by Parliament itself.
Speaker’s intelligence
Left unsaid was the point that if Ruto did not like this provision, he should have opposed it at a much earlier stage, before it had been passed into law. As soon as the Speaker ended his ruling, Ruto knew he was beaten and never rose to utter another word.
My take was that Ruto was beaten not by the extemporaneous and fluid intelligence of the Speaker, but by his own seeming inability to keep a lid over his emotions and inner drives. If he had held his emotions in check and thus kept his political blood pressure lower, he would not have given the Speaker that golden opportunity to knock him out cold.
And the bigger problem for Ruto was that this high octave, high risk political drama was being enacted not just in the closed chambers of Parliament but, via live television, in front of a national audience.
If you have been watching the live TV coverage of the constitutional debate that ended last Thursday, you will have noticed one or two intriguing and curious things. You will have noticed that the Speaker often does not pick the first MP who stands up to contribute. He judiciously looks out for those MPs who can make the most informed and valuable contributions at that particular time.
You will have noticed that there are certain MPs who appear so well grounded in both the law and parliamentary procedures that others stand up to oppose them at their own peril. You will have noticed that there are certain MPs, like Prof Anyang’ Nyong’o, who are so intellectually intimidating that if they take one on an intellectual point, blood could very well flow when they are through!
You will have noticed that there are some MPs who stand to contribute simply so that their constituents or friends might be able to see them in newspapers or on TV. To paraphrase William Shakespeare, their contributions illuminate nothing and signify even less!
You will also have noticed that there are certain MPs who never seem to catch the Speaker’s eye for the simple reason that they never try to do so. They remain seated all the time they are in the chamber except when they have to visit cloakrooms.
Man of the moment
Finally, you will have noticed something about Mr Speaker, especially when he happens to be Kenneth Marende, as was the case last Thursday. Love or hate him but Marende seems to have taken to his job with the sheer mastery of a virtuoso. Watching him in full flow, you cannot fail to notice the presence of a master performer.
The man appears to have both the intellectual depth and dexterity and the raw bravura of his Banyole people to menacingly back it all up.
If there is a public officer out there performing, it surely is this man. If there is a man of the moment, that man is Marende.
—The writer is a lecturer
dominicodipo@yahoo.co.uk
How come somebody has not told Mr William Ruto that there is a great difference between the way one speaks at a public rally or a funeral and the way one speaks in the confined and cosier chambers of Parliament?
Speech, as I understand it, is supposed to be geared not just to the audience but also to the circumstances and the setting. At a public rally you can let loose, flail your arms in the air, bang the nearest table, shout or even cry to carry your audience along. Within the more reflective parliamentary chamber, especially in these days of live television coverage, you indulge in these rhetorical luxuries at your own peril.
If you shout and flail your arms in the air in the chamber, the impression you convey is that you are an angry, combative, uncompromising and driven person determined to have your way no matter what. When these images are beamed live or later, ordinary people watching television literally see an angry man shouting or gesticulating at them in the privacy of their own sitting rooms.
Ruto is an intelligent man but this intelligence seems to be getting lost in his anger, combativeness and concomitant belligerence as was clearly demonstrated in Parliament last week.
During the final exchanges of the constitutional review debate on Thursday evening, Ruto stood up and raised what was clearly a major and seminal point. Wasn’t there something, Mr Speaker, wrong with a provision, which requires a 65 per cent majority to go one way and only a simple majority to go the other way? Of course there was something manifestly inconsistent here.
But in his seeming blind fury, Ruto apparently failed to note the finest and most fundamental point regarding this provision. As the Speaker gleefully pointed out to him, this provision, with all its strengths and weaknesses, was the law as had been passed by Parliament itself.
Speaker’s intelligence
Left unsaid was the point that if Ruto did not like this provision, he should have opposed it at a much earlier stage, before it had been passed into law. As soon as the Speaker ended his ruling, Ruto knew he was beaten and never rose to utter another word.
My take was that Ruto was beaten not by the extemporaneous and fluid intelligence of the Speaker, but by his own seeming inability to keep a lid over his emotions and inner drives. If he had held his emotions in check and thus kept his political blood pressure lower, he would not have given the Speaker that golden opportunity to knock him out cold.
And the bigger problem for Ruto was that this high octave, high risk political drama was being enacted not just in the closed chambers of Parliament but, via live television, in front of a national audience.
If you have been watching the live TV coverage of the constitutional debate that ended last Thursday, you will have noticed one or two intriguing and curious things. You will have noticed that the Speaker often does not pick the first MP who stands up to contribute. He judiciously looks out for those MPs who can make the most informed and valuable contributions at that particular time.
You will have noticed that there are certain MPs who appear so well grounded in both the law and parliamentary procedures that others stand up to oppose them at their own peril. You will have noticed that there are certain MPs, like Prof Anyang’ Nyong’o, who are so intellectually intimidating that if they take one on an intellectual point, blood could very well flow when they are through!
You will have noticed that there are some MPs who stand to contribute simply so that their constituents or friends might be able to see them in newspapers or on TV. To paraphrase William Shakespeare, their contributions illuminate nothing and signify even less!
You will also have noticed that there are certain MPs who never seem to catch the Speaker’s eye for the simple reason that they never try to do so. They remain seated all the time they are in the chamber except when they have to visit cloakrooms.
Man of the moment
Finally, you will have noticed something about Mr Speaker, especially when he happens to be Kenneth Marende, as was the case last Thursday. Love or hate him but Marende seems to have taken to his job with the sheer mastery of a virtuoso. Watching him in full flow, you cannot fail to notice the presence of a master performer.
The man appears to have both the intellectual depth and dexterity and the raw bravura of his Banyole people to menacingly back it all up.
If there is a public officer out there performing, it surely is this man. If there is a man of the moment, that man is Marende.
—The writer is a lecturer
dominicodipo@yahoo.co.uk
Saturday, April 3, 2010
6
Focus now shifts to six Kenyans and how they play their roles to make history of giving the country a new constitution, after more than 20 years of failed attempts.
While the role of President Kibaki and Prime Minister Raila Odinga remains important in offering political guidance, there are other personalities who by virtue of their positions are key to the conclusion of constitution review.
The Attorney General, the chairman of the Interim Independent Electoral Commission (IIEC), and the Committee of Experts (CoE) chairman have roles as constitution making enters the homestretch.
They are expected to supplement each other in ensuring the remaining stages are well co-ordinated.
Amos Wako - AG
Wako, who has been the AG since 1991, is supposed to publish the draft passed by Parliament, within 30 days.
He has also been a member of the CoE and the Parliamentary Select Committee (PSC) on the Constitution by virtue of his being the Government’s chief legal advisor.
His role has been crucial, especially at times of constitutional interpretation whenever there is a deadlock in the review.
Nzamba Kitonga - chairman CoE
As the chair of the CoE, Kitonga has been walking a tight rope by striking balances in the course of harmonising and fine-tuning the Proposed Constitution.
Upon publication of the Proposed Constitution, he is supposed to lead the CoE team in facilitating civic education for a period of 30 days in preparation for the expected national referendum, later this year. Kitonga’s role may be crucial to the end, especially when it comes to overseeing the transition clauses.
Abdikadir Mohammed - PSC Chair
As the chairman of the PSC, Abdikadir ensured the committee reached consensus in the Naivasha retreat. He has also been working to ensure an uncontested Proposed Constitution is presented for the referendum.
As the PSC chair, he remains key to the logical conclusion of the process given that IIEC and CoE are a creation of Parliament.
Ahmed Issack Hassan – IIEC chair
He is co-ordinating the IIEC team in carrying out voter registration in readiness for the referendum. He is expected to lead his team in framing and publishing the question to be determined by the referendum.
The question is, however, to be framed by the IIEC in consultation with the PSC. He will lead the IIEC in organising, conducting and supervising the referendum by specifying the referendum date, the polling time and the campaign period. He will declare the referendum results for the public to know whether a ‘Yes’ or ‘No’ verdict has been returned.
President Kibaki
Kibaki has been re-assuring Kenyans of his commitment to the completion of the constitutional review.
When he witnessed the swearing-in of six of nine judges appointed to the Interim Independent Constitutional Dispute Resolution Court in January, Kibaki urged the Bench to expeditiously deal with any disputes that may be brought to them so that Kenyans can get a new constitution.
President Kibaki is expected to proclaim a new constitution if Kenyans return a ‘Yes’ verdict in the expected national constitutional referendum.
He is, however, expected to guide and restrain hardliners in his PNU from frustrating realisation of a new constitution over personal and political interests.
His legacy, as he prepares retirement in 2012, depends on whether he will deliver a new constitution or not.
Raila Odinga-PM
The Prime Minister has in most cases tried not to utter words that may derail the review, despite at times meeting his ODM brigade behind closed doors to strategise.
At one time he had indicated he and President Kibaki had agreed not to take positions on the draft. He was, however, in Parliament to contribute to the debate where he backed ODM push for regional governments.
The PM is expected to whip his ODM team into toeing the line to ensure the document goes through the referendum without being undermined by those unhappy with some of the clauses.
His message has always been that nothing should come in the way of the country getting a new constitution.
While the role of President Kibaki and Prime Minister Raila Odinga remains important in offering political guidance, there are other personalities who by virtue of their positions are key to the conclusion of constitution review.
The Attorney General, the chairman of the Interim Independent Electoral Commission (IIEC), and the Committee of Experts (CoE) chairman have roles as constitution making enters the homestretch.
They are expected to supplement each other in ensuring the remaining stages are well co-ordinated.
Amos Wako - AG
Wako, who has been the AG since 1991, is supposed to publish the draft passed by Parliament, within 30 days.
He has also been a member of the CoE and the Parliamentary Select Committee (PSC) on the Constitution by virtue of his being the Government’s chief legal advisor.
His role has been crucial, especially at times of constitutional interpretation whenever there is a deadlock in the review.
Nzamba Kitonga - chairman CoE
As the chair of the CoE, Kitonga has been walking a tight rope by striking balances in the course of harmonising and fine-tuning the Proposed Constitution.
Upon publication of the Proposed Constitution, he is supposed to lead the CoE team in facilitating civic education for a period of 30 days in preparation for the expected national referendum, later this year. Kitonga’s role may be crucial to the end, especially when it comes to overseeing the transition clauses.
Abdikadir Mohammed - PSC Chair
As the chairman of the PSC, Abdikadir ensured the committee reached consensus in the Naivasha retreat. He has also been working to ensure an uncontested Proposed Constitution is presented for the referendum.
As the PSC chair, he remains key to the logical conclusion of the process given that IIEC and CoE are a creation of Parliament.
Ahmed Issack Hassan – IIEC chair
He is co-ordinating the IIEC team in carrying out voter registration in readiness for the referendum. He is expected to lead his team in framing and publishing the question to be determined by the referendum.
The question is, however, to be framed by the IIEC in consultation with the PSC. He will lead the IIEC in organising, conducting and supervising the referendum by specifying the referendum date, the polling time and the campaign period. He will declare the referendum results for the public to know whether a ‘Yes’ or ‘No’ verdict has been returned.
President Kibaki
Kibaki has been re-assuring Kenyans of his commitment to the completion of the constitutional review.
When he witnessed the swearing-in of six of nine judges appointed to the Interim Independent Constitutional Dispute Resolution Court in January, Kibaki urged the Bench to expeditiously deal with any disputes that may be brought to them so that Kenyans can get a new constitution.
President Kibaki is expected to proclaim a new constitution if Kenyans return a ‘Yes’ verdict in the expected national constitutional referendum.
He is, however, expected to guide and restrain hardliners in his PNU from frustrating realisation of a new constitution over personal and political interests.
His legacy, as he prepares retirement in 2012, depends on whether he will deliver a new constitution or not.
Raila Odinga-PM
The Prime Minister has in most cases tried not to utter words that may derail the review, despite at times meeting his ODM brigade behind closed doors to strategise.
At one time he had indicated he and President Kibaki had agreed not to take positions on the draft. He was, however, in Parliament to contribute to the debate where he backed ODM push for regional governments.
The PM is expected to whip his ODM team into toeing the line to ensure the document goes through the referendum without being undermined by those unhappy with some of the clauses.
His message has always been that nothing should come in the way of the country getting a new constitution.
UHURU/RUTO?
Before the Wednesday walkout in Parliament that killed the push for a three-tier Government, a PNU MP had alluded to a planned betrayal.
He said: "We will leave our Rift Valley colleagues ‘high and dry…" and that is exactly what happened during the hour of reckoning.
Rift Valley MPs had agreed with their colleagues from Central Province to marshal a 65 per cent majority to pass a three-tier government with 25 regions. And true the marriage of convenience between central Kenya and Rift Valley legislators eventually crumbled after the former rejected the proposal to introduce provincial governments, saying it was a scheme to introduce a three-tier government through the backdoor.
That is how political treachery played out in Parliament where all the 356 proposed amendments to the Proposed Constitution dramatically collapsed prompting its passage without alteration.
Deals cut in secret night meetings that preceded the crucial vote were broken on the floor of the House, after a spirited campaign by legislators who feared that allowing one amendment would open a floodgate. The pro-Committee of Experts Draft MPs took advantage of the fact that MPs had retreated to regional blocs in defiance of party positions.
Rift Valley MPs, coalescing around Agriculture Minister William Ruto, were stung by the defeat after their central Kenya counterparts retreated on their promise. The defeat of the amendments rocked the cozy political relationship between Ruto and Deputy Prime Minister Uhuru Kenyatta that appeared to have had an upper hand during a retreat by MPs last week to seek consensus on the Proposed Constitution.
That the dalliance between the two groups was causing discomfort was evident in an outburst in Parliament by Heritage Minister William Ntimama who was contributing soon after Ruto spoke: "We shall not be intimidated by two people, meeting in a corner and coming here to bang the table. To think that one or two powerful individuals can bring changes to the proposed law without the people of Kenya is wrong."
Worked overnight
Central Kenya MPs argued nothing could stop their people from being evicted from new regions like it happened in 1992, 2002, and 2007 General Elections.
On Wednesday, MPs from Central, Eastern, Western and a section of Nyanza provinces walked out of the chamber and denied the proposal by Lands Minister James Orengo the mandatory 145 members to allow a vote to proceed.
Among those who stormed out — fearing the proposal could divide the country into ethnic enclaves — were Regional Development Minister Fred Gumo, Assistant Minister George Khaniri, and Kaloleni MP Kambi Kazungu.
Metropolitan Minister Njeru Githae termed the calls for regions as a ‘nicely couched’ case for majimbo.
"This is majimbo by another name. Whether you call it ugatuzi, provincial governments or majimbo, it is dangerous for this country," said Mr Githae.
Five MPs convinced their like-minded colleagues to walk out of Parliament once voting on any amendment by the Uhuru and Ruto allies was set to begin.
"They worked overnight to impress upon their friends in Parliament that two people should not use us to gain political mileage with the constitution," said an MP who declined to be named.
The move by the MPs to scuttle efforts to amend the Proposed Constitution by walking out of Parliament once the division bell was rung angered Ruto, who stood on a point of order to demand the MPs be given permanent chairs outside the chambers.
"Mr Speaker Sir, it seems that some members are happy moving out of the chambers once voting is called. They should be given permanent chairs outside," said Ruto.
Ruto was apparently referring to members of the Parliamentary Caucus for Reforms notably Imenti Central MP Gitobu Imanyara, Gichugu MP Martha Karua, and Bonny Khalwale (Ikolomani), Charles Kilonzo and John Mbadi.
The caucus members opposed alteration of the Proposed Constitution and faithfully walked out of the chamber every time an amendment was called, complicating the equation.
Politics of deceit
The proposal for regional governments was popular with Rift Valley, Coast and North Eastern representatives, and a part of Nyanza. Tourism Minister Najib Balala, a close ally of Ruto also criticised the legislators who sabotaged the proposed amendments.
Instructively last week during debate Livestock Assistant Minister Adan Dualle had alluded to the horse-trading and behind-the-scenes deal-cutting, which he called politics of deceit.
Dualle said: "If we are going to have horse trading where we say, ‘remove the transitional clause and I will support you in the abortion clause, bring majimbo and I will give you more counties’, then I think we better be honest with each other. We should not play the politics of deceit!"
From then on walkouts, sabotage and strong-arm tactics dominated debate on proposed changes, ending up in hostility on the final day when several members withdrew their proposed amendments.
Energy Minister Kiraitu Murungi shared the view when he earlier expressed shock at reports 150 amendments were lined up, saying he could not support moves to radically change the document.
Once it became apparent the case for a three-tier Government had collapsed Industrialisation Minister Henry Kosgey warned the Proposed Constitution faced rejection because "this is why people wanted a new constitution".
But Government Whip and Juja MP George Thuo countered: "Kenyans want less Government."
He said: "We will leave our Rift Valley colleagues ‘high and dry…" and that is exactly what happened during the hour of reckoning.
Rift Valley MPs had agreed with their colleagues from Central Province to marshal a 65 per cent majority to pass a three-tier government with 25 regions. And true the marriage of convenience between central Kenya and Rift Valley legislators eventually crumbled after the former rejected the proposal to introduce provincial governments, saying it was a scheme to introduce a three-tier government through the backdoor.
That is how political treachery played out in Parliament where all the 356 proposed amendments to the Proposed Constitution dramatically collapsed prompting its passage without alteration.
Deals cut in secret night meetings that preceded the crucial vote were broken on the floor of the House, after a spirited campaign by legislators who feared that allowing one amendment would open a floodgate. The pro-Committee of Experts Draft MPs took advantage of the fact that MPs had retreated to regional blocs in defiance of party positions.
Rift Valley MPs, coalescing around Agriculture Minister William Ruto, were stung by the defeat after their central Kenya counterparts retreated on their promise. The defeat of the amendments rocked the cozy political relationship between Ruto and Deputy Prime Minister Uhuru Kenyatta that appeared to have had an upper hand during a retreat by MPs last week to seek consensus on the Proposed Constitution.
That the dalliance between the two groups was causing discomfort was evident in an outburst in Parliament by Heritage Minister William Ntimama who was contributing soon after Ruto spoke: "We shall not be intimidated by two people, meeting in a corner and coming here to bang the table. To think that one or two powerful individuals can bring changes to the proposed law without the people of Kenya is wrong."
Worked overnight
Central Kenya MPs argued nothing could stop their people from being evicted from new regions like it happened in 1992, 2002, and 2007 General Elections.
On Wednesday, MPs from Central, Eastern, Western and a section of Nyanza provinces walked out of the chamber and denied the proposal by Lands Minister James Orengo the mandatory 145 members to allow a vote to proceed.
Among those who stormed out — fearing the proposal could divide the country into ethnic enclaves — were Regional Development Minister Fred Gumo, Assistant Minister George Khaniri, and Kaloleni MP Kambi Kazungu.
Metropolitan Minister Njeru Githae termed the calls for regions as a ‘nicely couched’ case for majimbo.
"This is majimbo by another name. Whether you call it ugatuzi, provincial governments or majimbo, it is dangerous for this country," said Mr Githae.
Five MPs convinced their like-minded colleagues to walk out of Parliament once voting on any amendment by the Uhuru and Ruto allies was set to begin.
"They worked overnight to impress upon their friends in Parliament that two people should not use us to gain political mileage with the constitution," said an MP who declined to be named.
The move by the MPs to scuttle efforts to amend the Proposed Constitution by walking out of Parliament once the division bell was rung angered Ruto, who stood on a point of order to demand the MPs be given permanent chairs outside the chambers.
"Mr Speaker Sir, it seems that some members are happy moving out of the chambers once voting is called. They should be given permanent chairs outside," said Ruto.
Ruto was apparently referring to members of the Parliamentary Caucus for Reforms notably Imenti Central MP Gitobu Imanyara, Gichugu MP Martha Karua, and Bonny Khalwale (Ikolomani), Charles Kilonzo and John Mbadi.
The caucus members opposed alteration of the Proposed Constitution and faithfully walked out of the chamber every time an amendment was called, complicating the equation.
Politics of deceit
The proposal for regional governments was popular with Rift Valley, Coast and North Eastern representatives, and a part of Nyanza. Tourism Minister Najib Balala, a close ally of Ruto also criticised the legislators who sabotaged the proposed amendments.
Instructively last week during debate Livestock Assistant Minister Adan Dualle had alluded to the horse-trading and behind-the-scenes deal-cutting, which he called politics of deceit.
Dualle said: "If we are going to have horse trading where we say, ‘remove the transitional clause and I will support you in the abortion clause, bring majimbo and I will give you more counties’, then I think we better be honest with each other. We should not play the politics of deceit!"
From then on walkouts, sabotage and strong-arm tactics dominated debate on proposed changes, ending up in hostility on the final day when several members withdrew their proposed amendments.
Energy Minister Kiraitu Murungi shared the view when he earlier expressed shock at reports 150 amendments were lined up, saying he could not support moves to radically change the document.
Once it became apparent the case for a three-tier Government had collapsed Industrialisation Minister Henry Kosgey warned the Proposed Constitution faced rejection because "this is why people wanted a new constitution".
But Government Whip and Juja MP George Thuo countered: "Kenyans want less Government."
Monday, March 29, 2010
OCAMPO
An announcement expected this week could change Kenya’s political landscape dramatically.
The country now is in the ‘long’ week in which the International Criminal Court’s Pre-Trial Chamber delivers a ruling on the ‘Kenya 20’.
This is a list of prominent politicians, businessmen and influence peddlers who Chief Prosecutor Luis Moreno-Ocampo wants to investigate and prosecute over Kenya’s vilest post-election crimes. It is believed a ruling on his request could come as early as Wednesday.
ICC Chief Prosecutor Luis Moreno-Ocampo
If ICC rules Mr Moreno-Ocampo, who presented evidence he has to the three-judge Pre-Trial Chamber bench, can go ahead, then it will not be long before their names are public knowledge. The list is believed to include Cabinet ministers.
Last week Moreno-Ocampo was optimistic the ruling would be in his favour. "We shall respect rights of the accused and will let them talk to us,’’ he said.
Justice Minister Mutula Kilonzo on Sunday said he was also waiting to hear ICC’s decision.
"As you know, my work is done. I did everything that I was supposed to do and the rest now lies with Ocampo and the court," he added.
In a telephone interview with The Standard, Mutula said Kenyans have waited for too long to know the verdict. "I can assure you that the Government will cooperate with the ICC in whatever decision it makes. If it is a ‘Yes’, then we shall cooperate with the investigations," he added.
The minister said the country needed to move forward, whether the verdict to investigate the key perpetrators of the violence is granted or not. "If ICC allows investigations and prosecutions to be carried out, then the Attorney General’s office and that of Internal Security will be instrumental in guaranteeing witness protection, which falls under their dockets," he added.
Both parties
The closest Moreno-Ocampo came to hinting at who the suspects are was when he said they "were guided by political objectives to retain or gain power".
He revealed they were from both President Kibaki’s Party of National Unity and Prime Minister Raila Odinga’s Orange Democratic Movement.
"They utilised their personal, Government, business and tribal networks to commit the crimes. They implemented their policy with the involvement of a number of State officers and public and private institutions, such as Members of Parliament, senior Government officers, the police force and youth gangs," he is on record saying. The post-election violence claimed about 1,500 lives and led to displacement of hundreds of thousands.
Last month, ICC judges of Pre-Trial Chamber II requested Moreno-Ocampo to provide clarification and additional information on the Kenyan process not later than Wednesday this week for them to decide whether or not to authorise him to begin an investigation.
Mutula also argued unless the country decides there was need for local tribunal to try minor offenders, his work on justice for post-election victims was over.
Last week, just before flying out from the country, Chief Mediator of the Grand Coalition power sharing deal Dr Kofi Annan indicated the ICC judges may make their ruling on the Kenya case before Wednesday.
Moreno-Ocampo decided to act on the Kenyan situation following failure by the Government to persuade Parliament to establish a special tribunal that would have heard cases against the suspected masterminds.
Top businessmen considered to be politically connected as well as top security officials might be indicted if evidence is adduced against them.
Procedural manoeuvre
Kenya National Commission on Human Rights is currently hosting about three witnesses who are expected to testify if ICC judges give Moreno-Ocampo the go-ahead.
The prosecutor, however, insists ICC has no witnesses in Kenya but that is believed to be a procedural manoeuver because the Pre-Trial Chamber judges are yet to authorise investigations and any direct moves to gather evidence by the ICC would be unprocedural.
According to the Rome Statute, the Court may exercise its jurisdiction in situations where the alleged perpetrator is a national of a State Party or where the crime was committed in the territory of a State Party. Kenya ratified the Rome Statute on March 15, 2005 becoming a State Party on June 1, 2005.
Last November ICC presidency assigned Kenya’s case to three Pre-Trial Chamber II judges: Ekaterina Trendafilova, Hans-Peter Kaul and Cuno Tarfusser.
For the prosecutor to commence investigation proprio motu (on his own impulse) he must first obtain authorisation from the judges.
That is what the Prosecutor sought for on November 26 last year when he filed his request together with 40 appended annexes in approximately 1,500 pages.
The country now is in the ‘long’ week in which the International Criminal Court’s Pre-Trial Chamber delivers a ruling on the ‘Kenya 20’.
This is a list of prominent politicians, businessmen and influence peddlers who Chief Prosecutor Luis Moreno-Ocampo wants to investigate and prosecute over Kenya’s vilest post-election crimes. It is believed a ruling on his request could come as early as Wednesday.
ICC Chief Prosecutor Luis Moreno-Ocampo
If ICC rules Mr Moreno-Ocampo, who presented evidence he has to the three-judge Pre-Trial Chamber bench, can go ahead, then it will not be long before their names are public knowledge. The list is believed to include Cabinet ministers.
Last week Moreno-Ocampo was optimistic the ruling would be in his favour. "We shall respect rights of the accused and will let them talk to us,’’ he said.
Justice Minister Mutula Kilonzo on Sunday said he was also waiting to hear ICC’s decision.
"As you know, my work is done. I did everything that I was supposed to do and the rest now lies with Ocampo and the court," he added.
In a telephone interview with The Standard, Mutula said Kenyans have waited for too long to know the verdict. "I can assure you that the Government will cooperate with the ICC in whatever decision it makes. If it is a ‘Yes’, then we shall cooperate with the investigations," he added.
The minister said the country needed to move forward, whether the verdict to investigate the key perpetrators of the violence is granted or not. "If ICC allows investigations and prosecutions to be carried out, then the Attorney General’s office and that of Internal Security will be instrumental in guaranteeing witness protection, which falls under their dockets," he added.
Both parties
The closest Moreno-Ocampo came to hinting at who the suspects are was when he said they "were guided by political objectives to retain or gain power".
He revealed they were from both President Kibaki’s Party of National Unity and Prime Minister Raila Odinga’s Orange Democratic Movement.
"They utilised their personal, Government, business and tribal networks to commit the crimes. They implemented their policy with the involvement of a number of State officers and public and private institutions, such as Members of Parliament, senior Government officers, the police force and youth gangs," he is on record saying. The post-election violence claimed about 1,500 lives and led to displacement of hundreds of thousands.
Last month, ICC judges of Pre-Trial Chamber II requested Moreno-Ocampo to provide clarification and additional information on the Kenyan process not later than Wednesday this week for them to decide whether or not to authorise him to begin an investigation.
Mutula also argued unless the country decides there was need for local tribunal to try minor offenders, his work on justice for post-election victims was over.
Last week, just before flying out from the country, Chief Mediator of the Grand Coalition power sharing deal Dr Kofi Annan indicated the ICC judges may make their ruling on the Kenya case before Wednesday.
Moreno-Ocampo decided to act on the Kenyan situation following failure by the Government to persuade Parliament to establish a special tribunal that would have heard cases against the suspected masterminds.
Top businessmen considered to be politically connected as well as top security officials might be indicted if evidence is adduced against them.
Procedural manoeuvre
Kenya National Commission on Human Rights is currently hosting about three witnesses who are expected to testify if ICC judges give Moreno-Ocampo the go-ahead.
The prosecutor, however, insists ICC has no witnesses in Kenya but that is believed to be a procedural manoeuver because the Pre-Trial Chamber judges are yet to authorise investigations and any direct moves to gather evidence by the ICC would be unprocedural.
According to the Rome Statute, the Court may exercise its jurisdiction in situations where the alleged perpetrator is a national of a State Party or where the crime was committed in the territory of a State Party. Kenya ratified the Rome Statute on March 15, 2005 becoming a State Party on June 1, 2005.
Last November ICC presidency assigned Kenya’s case to three Pre-Trial Chamber II judges: Ekaterina Trendafilova, Hans-Peter Kaul and Cuno Tarfusser.
For the prosecutor to commence investigation proprio motu (on his own impulse) he must first obtain authorisation from the judges.
That is what the Prosecutor sought for on November 26 last year when he filed his request together with 40 appended annexes in approximately 1,500 pages.
Sunday, March 28, 2010
RAILA/KIBAKI
Rising tension and simmering acrimony between President Kibaki and Prime minister Raila Odinga are threatening to derail the Grand Coalition Government.
Our investigations reveal the relationship between the Big Two has deteriorated to the extent that below the veneer of partnership they occasionally exhibit at public functions, they do not see eye-to-eye.
Their falling out was most evident a few days ago when former United Nations Secretary-General Kofi Annan, who mediated Kenya’s political crisis, came calling in but could not secure a joint meeting with them.
Despite public show of unity, investigations show Prime Minister Raila odinga and President Kibaki are not in talking terms as one party gives Annan three demands it insists must be met.
Multiple sources indicated the cracks between the two were evident to Annan from Tuesday as those planning his itinerary tried in vain to secure a joint meeting of the two principals, as has been the tradition.
"After fruitless efforts on the first two days and because timing was running out, he eventually opted to meet the principals separately," said one source in the Office of the President who cannot be named because he is not authorised to speak to the Press.
While fielding questions from journalists during his press briefing on Friday at the end of his four-day visit, Annan stressed the need for President Kibaki and Raila to consult.
How coalitions work
"They need to work together more closely and consult, consult and consult for that is how a coalition government works," he said.
During his last year’s visit to Kenya, Annan met the two leaders at Harambee House, and the two released a joint statement. This time, the offices of President and Premier released separate briefs on their meetings with Annan.
And it was telling that the Prime Minister told the Press that he had told Annan corruption must be fought from the top downwards and not vice versa.
Raila was obviously referring to his differences with Kibaki over his unsuccessful suspension of Agriculture Minister William Ruto and Education Minister Sam Ongeri over allegations of corruption.
Sources close to the Prime Minister revealed that Raila gave his conditions for normal relations with his co-principal to be restored. He said his party would not attend Cabinet meetings before the matter on Ruto and Ongeri was conclusively addressed; a commitment given that graft would be fought from the top; and that the Cabinet would take a stand on the Proposed Constitution once it is passed by Parliament.
Sources close to the two principals intimated to The Standard On Sunday that whereas the President and Prime Minister had started warming up to each other, the spat over the suspensions — which President Kibaki overturned within hours — was the straw that broke the camel’s back.
Weekly consultations
Since then, Kibaki and Raila have not held any meeting, including their weekly consultations that used to be held on Wednesdays, a day to the traditional Thursday Cabinet meetings.
This scenario has, in turn, paralysed the weekly Cabinet meetings for the last two months, leaving in its trail scores of unattended matters.
The Cabinet could not, for example, meet to make its input on the inaugural Budget Policy Statement. Eventually, Assistant Finance Minister Oburu Oginga tabled the document on behalf of Finance Minister Uhuru Kenyatta last Tuesday without the Cabinet’s input.
Reached for comment, Foreign Affairs Minister Moses Wetang’ula denied existence of hostilities between the President and Prime Minister.
"The meetings have taken a break because the President released us to engage fully in the constitution-making process at Naivasha and in Parliament. Otherwise Government continues to run smoothly," the PNU allied minister sought to assure.
His ODM allied colleague, Amason Jeffa Kingi (East African Cooperation) was more guarded. He declined to confirm or deny that there was a simmering problem in Government.
"I simply have no idea as to why we have not been meeting," he said.
The Standard On Sunday has confirmed that the PM sent firm communication to the President stating that his side of Government would not attend Cabinet meetings until the Ruto-Ongeri issue was decisively addressed. However, the President is reportedly opposed to any action against Ruto and Ongeri, partly for fear that it might polarise the political environment and poison the pre-referendum campaigns.
And there lies the major standoff between the two principals. How is the Premier expected to sit in the same Cabinet and work with individuals he suspended? On the flipside, how can the President eat his own words by reversing the reprieve on Ruto and Ongeri?
Reasons for disharmony
Conceding that there are "reasons for disharmony" in Government, Water Assistant minister Maina Kiunjuri, however, offers that Annan might have deliberately opted to meet the two principals separately.
"There are obviously deep seated issues around the two and Annan might have wanted to dig out the problem. You see, it is easier to pick out one’s sense of feeling in the absence of a second party, or the one being accused," said the Laikipia East MP.
Kiunjuri further attributes the current crisis to the positions taken by the two leaders: "I want to believe that they have even talked and agreed on the way forward. Nonetheless, it is important that they make their views known."
This position is advanced by ODM MPs, who claim that the current misunderstanding is actually an attempt to try and force Raila out ahead of the new constitution.
They claim that some PNU-allied politicians were extremely worried about the transitional clause requiring that the PM be consulted in appointing constitutional office holders, especially the Chief Justice, Police chief, Attorney General and IIEC commissioners. But reached for comment, the PM’s Director of Communication, Dennis Onyango, denied knowledge of any "serious tensions" between the two principals.
Although he conceded that the two had not held their weekly consultative meetings, "nothing is out of hand yet".
Bad publicity
However, Annan is not in doubt that things are out of control.
He reportedly told the two principals that progress on the realisation of a new constitution had been overshadowed by bad publicity due to graft within Government.
The former UN boss is said to have warned the two principals that whatever other hallmarks they registered were meaningless as the world still looked at Kenya in bad light for its apparent thriving corruption practices.
Our investigations reveal the relationship between the Big Two has deteriorated to the extent that below the veneer of partnership they occasionally exhibit at public functions, they do not see eye-to-eye.
Their falling out was most evident a few days ago when former United Nations Secretary-General Kofi Annan, who mediated Kenya’s political crisis, came calling in but could not secure a joint meeting with them.
Despite public show of unity, investigations show Prime Minister Raila odinga and President Kibaki are not in talking terms as one party gives Annan three demands it insists must be met.
Multiple sources indicated the cracks between the two were evident to Annan from Tuesday as those planning his itinerary tried in vain to secure a joint meeting of the two principals, as has been the tradition.
"After fruitless efforts on the first two days and because timing was running out, he eventually opted to meet the principals separately," said one source in the Office of the President who cannot be named because he is not authorised to speak to the Press.
While fielding questions from journalists during his press briefing on Friday at the end of his four-day visit, Annan stressed the need for President Kibaki and Raila to consult.
How coalitions work
"They need to work together more closely and consult, consult and consult for that is how a coalition government works," he said.
During his last year’s visit to Kenya, Annan met the two leaders at Harambee House, and the two released a joint statement. This time, the offices of President and Premier released separate briefs on their meetings with Annan.
And it was telling that the Prime Minister told the Press that he had told Annan corruption must be fought from the top downwards and not vice versa.
Raila was obviously referring to his differences with Kibaki over his unsuccessful suspension of Agriculture Minister William Ruto and Education Minister Sam Ongeri over allegations of corruption.
Sources close to the Prime Minister revealed that Raila gave his conditions for normal relations with his co-principal to be restored. He said his party would not attend Cabinet meetings before the matter on Ruto and Ongeri was conclusively addressed; a commitment given that graft would be fought from the top; and that the Cabinet would take a stand on the Proposed Constitution once it is passed by Parliament.
Sources close to the two principals intimated to The Standard On Sunday that whereas the President and Prime Minister had started warming up to each other, the spat over the suspensions — which President Kibaki overturned within hours — was the straw that broke the camel’s back.
Weekly consultations
Since then, Kibaki and Raila have not held any meeting, including their weekly consultations that used to be held on Wednesdays, a day to the traditional Thursday Cabinet meetings.
This scenario has, in turn, paralysed the weekly Cabinet meetings for the last two months, leaving in its trail scores of unattended matters.
The Cabinet could not, for example, meet to make its input on the inaugural Budget Policy Statement. Eventually, Assistant Finance Minister Oburu Oginga tabled the document on behalf of Finance Minister Uhuru Kenyatta last Tuesday without the Cabinet’s input.
Reached for comment, Foreign Affairs Minister Moses Wetang’ula denied existence of hostilities between the President and Prime Minister.
"The meetings have taken a break because the President released us to engage fully in the constitution-making process at Naivasha and in Parliament. Otherwise Government continues to run smoothly," the PNU allied minister sought to assure.
His ODM allied colleague, Amason Jeffa Kingi (East African Cooperation) was more guarded. He declined to confirm or deny that there was a simmering problem in Government.
"I simply have no idea as to why we have not been meeting," he said.
The Standard On Sunday has confirmed that the PM sent firm communication to the President stating that his side of Government would not attend Cabinet meetings until the Ruto-Ongeri issue was decisively addressed. However, the President is reportedly opposed to any action against Ruto and Ongeri, partly for fear that it might polarise the political environment and poison the pre-referendum campaigns.
And there lies the major standoff between the two principals. How is the Premier expected to sit in the same Cabinet and work with individuals he suspended? On the flipside, how can the President eat his own words by reversing the reprieve on Ruto and Ongeri?
Reasons for disharmony
Conceding that there are "reasons for disharmony" in Government, Water Assistant minister Maina Kiunjuri, however, offers that Annan might have deliberately opted to meet the two principals separately.
"There are obviously deep seated issues around the two and Annan might have wanted to dig out the problem. You see, it is easier to pick out one’s sense of feeling in the absence of a second party, or the one being accused," said the Laikipia East MP.
Kiunjuri further attributes the current crisis to the positions taken by the two leaders: "I want to believe that they have even talked and agreed on the way forward. Nonetheless, it is important that they make their views known."
This position is advanced by ODM MPs, who claim that the current misunderstanding is actually an attempt to try and force Raila out ahead of the new constitution.
They claim that some PNU-allied politicians were extremely worried about the transitional clause requiring that the PM be consulted in appointing constitutional office holders, especially the Chief Justice, Police chief, Attorney General and IIEC commissioners. But reached for comment, the PM’s Director of Communication, Dennis Onyango, denied knowledge of any "serious tensions" between the two principals.
Although he conceded that the two had not held their weekly consultative meetings, "nothing is out of hand yet".
Bad publicity
However, Annan is not in doubt that things are out of control.
He reportedly told the two principals that progress on the realisation of a new constitution had been overshadowed by bad publicity due to graft within Government.
The former UN boss is said to have warned the two principals that whatever other hallmarks they registered were meaningless as the world still looked at Kenya in bad light for its apparent thriving corruption practices.
Wednesday, March 24, 2010
FAQ
Parliament began debate on Proposed Constitution on a strong note, which could favour its passage without further amendments.
This means the country could be headed for governance by the set of laws proposed by Committee of Experts, some of which MPs initially resisted but deadlocked on how to change them.
There are three stages it must go through, the first being sailing through Parliament back to CoE for refinement, after which it is taken over by Attorney General.
The third step is the national referendum during which Kenyans will take a vote, and if it passes, it is promulgated into law.
But as it is now, the hurdles of drastic amendments by the political actors have been minimised. Barring surprise compromises by the political players, which could give any side the required 65 per cent to amend it, here below are the Frequently Asked Questions on the new Kenya taking shape:
QUESTION: What type of Executive will Kenya have?
ANSWER: Under the new law, Executive authority will be vested in the presidency. The president will, however, have to contend with a strong Parliament that will have powers to ratify or reject his decisions on key appointments.
QUESTION: What are the qualifications of a presidential candidate?
ANSWER: Must be a citizen by birth; must be qualified to run for MP; must be nominated by a party or run as an independent candidate.
Should be nominated by not less than 2,000 voters, more than half of the counties.
QUESTION: How is the president impeached?
ANSWER: Removal of the president can be initiated by an MP supported by at least a third of all the members on the grounds of gross violation of the constitution or any other law, and two, or out of serious reasons the president has committed a crime under national or international law.
The president can also be impeached for gross misconduct.
If the Motion is supported by at least two-thirds, the Speaker shall inform the Senate within two days, and the President continue in office pending the proceedings of the Senate, which shall decide his or her fate.
The president can choose to appear before the relevant committee of Senate on the case.
In the end the Senate shall vote on the impeachment charges. If two-thirds vote against him he or she shall cease being in office.
QUESTION: What does it say on swearing-in of new president?
ANSWER: The new president shall be sworn-in on the first Tuesday following (a) 14th day after that of declaring the results, but only if no petition will have been filed, and (b) on seventh day following that on which the court rules his or her election was valid.
The swearing-in ceremony must be in public.
QUESTION: Can a president under the new constitution be prosecuted under a treaty signed by Kenya, such as that which set up ICC?
ANSWER: Yes, the immunity of the president is to limited criminal and civil proceedings while in office, but does not include, "prosecution under any treaty to which Kenya is party, and which prohibits such immunity".
QUESTION: What about roadside declarations?
ANSWER: The President must put in writing and sign all major announcements and has them put under seal of office.
QUESTION: What does one need to know about the deputy president?
ANSWER: During campaigns those running for president will have to name their running mates who will automatically become deputy president and take over as president if the top office falls vacant mid-term.
QUESTION: Who qualifies to be a Cabinet minister?
ANSWER: The president will pick his Cabinet ministers from outside Parliament but the nominees will have to be approved by Parliament. An MP who is appointed a minister will have to relinquish his or her seat.
QUESTION: What does it take to recall your MP?
ANSWER: You have the right to recall your MP before the next election. However, Parliament will later, after this constitution is promulgated, "enact legislation on the grounds on which an MP may be recalled and procedures.
QUESTION: What does it take to run for MP?
ANSWER: An MP must be a registered voter, be nominated by a political party, or is an independent candidate who is supported by at least 1,000 registered voters in the constituency.
Will be disqualified if he or she has served a prison sentence of six months or have been found guilty of abuse of public office.
QUESTION: What does it take to run as senator?
ANSWER: Be supported by at least 2,000 registered voters. Will be disqualified if he or she has served a prison sentence of six months, or have been found guilty of abuse of office.
QUESTION: When will elections be held?
ANSWER: Presidential and parliamentary (National Assembly and Senate) elections will held on every second Tuesday of August every five years.
QUESTION: What will happen to the Grand Coalition?
ANSWER: All elections – presidential, parliamentary, senate and counties – shall be held within 60 days after the end of the current Parliament.
If Parliament is dissolved before 2012 and elections, those of the counties will be held in 2012, but all others under the new constitution.
QUESTION: When will the new constitution take effect if passed?
ANSWER: The new constitution shall come into force on its promulgation by the President or automatically on the expiry of 14 days from the date of publication in gazette of the final results of the referendum ratifying it.
QUESTION: Can retired President Moi and President Kibaki run again?
ANSWER: No, a person who was elected President under the old constitution cannot stand as president under the new constitution. It is silent on whether they can stand for parliamentary elections.
Will the President consult the Prime Minister on major decisions during transition from the current to the new constitution?
The President is compelled to adhere to the National Accord and Reconciliation Act 2008 that he consults the PM on appointments to fill vacancies rendered vacant by the new constitution. They include the AG’s, Chief Justice, Chief Government Prosecutor, Police Commissioner, Controller of Budget and Auditor/General.
QUESTION: What type of Parliament will Kenya have?
ANSWER: According to the proposed law, Parliament will comprise of the National Assembly and the Senate.
The National Assembly, with a membership of 349 MPs, will have roles similar to its current functions.
Out of the 349 MPs, 290 will be elected from constituencies. There will be 47 women elected by counties and 12 nominated MPs to represent special interests.
QUESTION: What role does it propose for the Senate?
ANSWER: The Senate represents the counties, and serves to protect the interests of the counties and their governments. The senate participates in the law-making function of Parliament by considering, debating and approving Bills concerning counties, as provided in Articles 109 to 113.
The senate determines the allocation of national revenue among counties, as provided in Article 216, and exercises oversight over national revenue allocated to the county governments. The senate participates in the oversight of State officers by considering and determining any resolution to remove the president or deputy president from office in accordance with Article 145. The resolution to remove president and the deputy will originate from the National Assembly.
QUESTION: What happens to judges and magistrates?
ANSWER: Parliament will enact legislation establishing mechanisms and procedures for vetting suitability of all judges and magistrates.
A removal or process leading to removal of judges shall not be challenged by court.
The Chief Justice will leave office within six months after the new constitution takes effect. He may retire or face vetting.
QUESTION: What will be the structure of the county governments?
ANSWER: Each county will have its own government that will consist of a County Assembly and a County Executive. County Asembly shall consist of members elected by the registered voters of the wards. Each ward will elect one member to the assembly on the same day as the election of Members of Parliament.
There will also be special seats for marginalsied groups, including persons with disabilities and youth as prescribed by an Act of Parliament.
Not more than two-thirds of the members should be of the same gender. The county assembly’s term is five years.
This means the country could be headed for governance by the set of laws proposed by Committee of Experts, some of which MPs initially resisted but deadlocked on how to change them.
There are three stages it must go through, the first being sailing through Parliament back to CoE for refinement, after which it is taken over by Attorney General.
The third step is the national referendum during which Kenyans will take a vote, and if it passes, it is promulgated into law.
But as it is now, the hurdles of drastic amendments by the political actors have been minimised. Barring surprise compromises by the political players, which could give any side the required 65 per cent to amend it, here below are the Frequently Asked Questions on the new Kenya taking shape:
QUESTION: What type of Executive will Kenya have?
ANSWER: Under the new law, Executive authority will be vested in the presidency. The president will, however, have to contend with a strong Parliament that will have powers to ratify or reject his decisions on key appointments.
QUESTION: What are the qualifications of a presidential candidate?
ANSWER: Must be a citizen by birth; must be qualified to run for MP; must be nominated by a party or run as an independent candidate.
Should be nominated by not less than 2,000 voters, more than half of the counties.
QUESTION: How is the president impeached?
ANSWER: Removal of the president can be initiated by an MP supported by at least a third of all the members on the grounds of gross violation of the constitution or any other law, and two, or out of serious reasons the president has committed a crime under national or international law.
The president can also be impeached for gross misconduct.
If the Motion is supported by at least two-thirds, the Speaker shall inform the Senate within two days, and the President continue in office pending the proceedings of the Senate, which shall decide his or her fate.
The president can choose to appear before the relevant committee of Senate on the case.
In the end the Senate shall vote on the impeachment charges. If two-thirds vote against him he or she shall cease being in office.
QUESTION: What does it say on swearing-in of new president?
ANSWER: The new president shall be sworn-in on the first Tuesday following (a) 14th day after that of declaring the results, but only if no petition will have been filed, and (b) on seventh day following that on which the court rules his or her election was valid.
The swearing-in ceremony must be in public.
QUESTION: Can a president under the new constitution be prosecuted under a treaty signed by Kenya, such as that which set up ICC?
ANSWER: Yes, the immunity of the president is to limited criminal and civil proceedings while in office, but does not include, "prosecution under any treaty to which Kenya is party, and which prohibits such immunity".
QUESTION: What about roadside declarations?
ANSWER: The President must put in writing and sign all major announcements and has them put under seal of office.
QUESTION: What does one need to know about the deputy president?
ANSWER: During campaigns those running for president will have to name their running mates who will automatically become deputy president and take over as president if the top office falls vacant mid-term.
QUESTION: Who qualifies to be a Cabinet minister?
ANSWER: The president will pick his Cabinet ministers from outside Parliament but the nominees will have to be approved by Parliament. An MP who is appointed a minister will have to relinquish his or her seat.
QUESTION: What does it take to recall your MP?
ANSWER: You have the right to recall your MP before the next election. However, Parliament will later, after this constitution is promulgated, "enact legislation on the grounds on which an MP may be recalled and procedures.
QUESTION: What does it take to run for MP?
ANSWER: An MP must be a registered voter, be nominated by a political party, or is an independent candidate who is supported by at least 1,000 registered voters in the constituency.
Will be disqualified if he or she has served a prison sentence of six months or have been found guilty of abuse of public office.
QUESTION: What does it take to run as senator?
ANSWER: Be supported by at least 2,000 registered voters. Will be disqualified if he or she has served a prison sentence of six months, or have been found guilty of abuse of office.
QUESTION: When will elections be held?
ANSWER: Presidential and parliamentary (National Assembly and Senate) elections will held on every second Tuesday of August every five years.
QUESTION: What will happen to the Grand Coalition?
ANSWER: All elections – presidential, parliamentary, senate and counties – shall be held within 60 days after the end of the current Parliament.
If Parliament is dissolved before 2012 and elections, those of the counties will be held in 2012, but all others under the new constitution.
QUESTION: When will the new constitution take effect if passed?
ANSWER: The new constitution shall come into force on its promulgation by the President or automatically on the expiry of 14 days from the date of publication in gazette of the final results of the referendum ratifying it.
QUESTION: Can retired President Moi and President Kibaki run again?
ANSWER: No, a person who was elected President under the old constitution cannot stand as president under the new constitution. It is silent on whether they can stand for parliamentary elections.
Will the President consult the Prime Minister on major decisions during transition from the current to the new constitution?
The President is compelled to adhere to the National Accord and Reconciliation Act 2008 that he consults the PM on appointments to fill vacancies rendered vacant by the new constitution. They include the AG’s, Chief Justice, Chief Government Prosecutor, Police Commissioner, Controller of Budget and Auditor/General.
QUESTION: What type of Parliament will Kenya have?
ANSWER: According to the proposed law, Parliament will comprise of the National Assembly and the Senate.
The National Assembly, with a membership of 349 MPs, will have roles similar to its current functions.
Out of the 349 MPs, 290 will be elected from constituencies. There will be 47 women elected by counties and 12 nominated MPs to represent special interests.
QUESTION: What role does it propose for the Senate?
ANSWER: The Senate represents the counties, and serves to protect the interests of the counties and their governments. The senate participates in the law-making function of Parliament by considering, debating and approving Bills concerning counties, as provided in Articles 109 to 113.
The senate determines the allocation of national revenue among counties, as provided in Article 216, and exercises oversight over national revenue allocated to the county governments. The senate participates in the oversight of State officers by considering and determining any resolution to remove the president or deputy president from office in accordance with Article 145. The resolution to remove president and the deputy will originate from the National Assembly.
QUESTION: What happens to judges and magistrates?
ANSWER: Parliament will enact legislation establishing mechanisms and procedures for vetting suitability of all judges and magistrates.
A removal or process leading to removal of judges shall not be challenged by court.
The Chief Justice will leave office within six months after the new constitution takes effect. He may retire or face vetting.
QUESTION: What will be the structure of the county governments?
ANSWER: Each county will have its own government that will consist of a County Assembly and a County Executive. County Asembly shall consist of members elected by the registered voters of the wards. Each ward will elect one member to the assembly on the same day as the election of Members of Parliament.
There will also be special seats for marginalsied groups, including persons with disabilities and youth as prescribed by an Act of Parliament.
Not more than two-thirds of the members should be of the same gender. The county assembly’s term is five years.
Saturday, March 20, 2010
REALLIGNMENT
Intense lobbying at night meetings by MPs led to the deal to scrap the 47 proposed counties and replace them with 25 regions.
But the constitutional review may not be out of the woods yet because the intrigues were so intense that following the changes; some ODM MPs termed them a mutilation of the Proposed Constitution.
Parliament adjourned to allow MPs to attend a retreat to build consensus to smoothen the way for the Proposed Constitution before it is debated in the House, next week.
President Kibaki and Prime Minister Raila Odinga are expected to attend an informal meeting of Parliament on Tuesday, to rally their party MPs to support the consensus document and hopefully give Kenya a new constitution, to end the two-decade quest.
The retreat on constitution making at Kenya Institute of Administration in Nairobi broke the impasse on devolution after MPs resolved to create 25 regions, and abolish the proposed 47 counties. Each of the regions will elect two representatives bringing the number of elected senators to 50.
The MPs propose that Rift Valley be divided into five regions, Eastern (four), Nairobi (one) with three each for Central, North Eastern, Nyanza, Western and Coast provinces.
This followed days of negotiations and lobbying that saw some MPs drift away from their party positions, to coalesce around regional interests and realignments for the 2012 General Election.
MPs held various meetings on Thursday night, some of them running into the early hours of on Saturday. Raila, on the one hand, and Deputy Prime Minister Uhuru Kenyatta and Agriculture Minister William Ruto on the other, chaired separate meetings hours before the 21-member committee that was appointed at the MPs’ retreat could meet at 7am on Friday.
Mutilation of the draft
Raila met ODM representatives and instructed them not to allow any mutilation of the Proposed Constitution. He reminded them that ODM supports the Proposed Constitution as is.
Sources said Raila emphasised the position outlined during its NEC and PG meeting remains ODM’s irreducible minimum.
During the Thursday meeting Raila was said to have specifically instructed his team not to permit the transitional clauses to be interfered with, not to agree to any regions beyond 18; not to allow the senate to be weakened; and not to allow the 47 counties to be deleted or diluted.
ODM lost because the 25 regions were proposed while counties were scrapped.
The meeting that was held at the Prime Minister’s office at Treasury Buildings in Nairobi, was attended by Deputy Prime Minister Musalia Mudavadi, Cabinet Ministers Anyang’ Nyong’o, James Orengo, Paul Otuoma, Dalmas Otieno, Chris Obure, and MPs Isaac Ruto, and Sophia Abdi, among others.
Scrapping of counties
However, the deal on regions and scrapping of counties was mooted at the Uhuru-Ruto meeting on Thursday night at the IBS Centre in Nairobi. At least 30 MPs, representing Eastern, Rift Valley, Central, Western and Nyanza provinces attended the meeting that sources said ended at 1am.
Uhuru and Ruto led the group representing their Central and Rift Valley regions. Foreign Affairs Minister Moses Wetang’ula, Sam Ongeri (Education) and Kiraitu Murungi (Energy) represented Western, Nyanza and Eastern provinces.
Defence Assistant Minister David Musila, who had been picked by the plenary to head a team reviewing the proposal to embrace regions, also represented Eastern.
MPs Abdul Bahari (Isiolo South) and Chachu Ganya (North Horr) represented upper Eastern. Also present were MPs Charles Keter, Robert Monda, Cyrus Jirongo, Joshua Kutuny, Ekwe Ethuro, Linah Jebii and Eseli Simiyu.
Instructively, no ODM MP allied to Raila attended the meeting, at which these changes were agreed.
On Friday, sources intimated the idea for the regions had an easy ride at the plenary after it was floated. Uhuru and Ruto, a Raila ally-turned-critic, were seen occasionally consulting outside the plenary throughout the retreat.
MPs unanimously resolved not to interfere with the transitional provision recognising the National Accord and Reconciliation Act 2008 so that the President and Prime Minister consult on new appointments.
But they decided that all new offices should not be filled until after the next General Election in 2012, with the exception of those offices that are either critical in the next elections or in transitional period.
Institutions that would have to be established immediately include the Supreme Court that is crucial in resolution of presidential election disputes.
They also resolved to have the clause calling for the removal of the Chief Justice after six months of enactment of the new constitution deleted.
The proposals are subject to the amendment of the Proposed Constitution, which is before the House.
Any amendment to the document must garner the support of 65 per cent of all members. The challenge now is how to ensure MPs do not opposed the proposals on the floor of the House.
But the clearest indication the consensus building may still be controversial is that, a section of ODM MPs protested on the sidelines of the meeting at the move to abolish counties.
Said Government Chief Whip (ODM) Jakoyo Midiwo: "My colleagues fear counties, so they want to destroy them. We agreed to seek three tiers of devolution through a strengthened senate, and more devolved funds. A lot of underhand dealings have been going on here."
He said ODM would only give in to attempts to drastically change the Proposed Constitution in Parliament if the proponents of the proposals marshal a two-thirds majority.
Illegal amendments
"Mutilation of the Proposed Constitution can only happen in full session of the House, with at least 148 MPs. We will oppose the move and block such illegal amendments.
PSC chairman Mohamed Abdikadir and his Vice-Chairman Ababu Namwamba said the retreat had made substantial progress.
On Tuesday the proposal for the amendments will be presented but they will require 65 per cent of MPs to pass. Mutula said they had agreed on devolution, the number of senators, MPs, and a formula for delimiting constituency boundaries.
The regions will become special constituencies for women in the National Assembly, meaning there will be 50 women MPs – two each for the 25 regions.
The total number of MPs in the House of Representatives is 352 – three more than the proposed 349.
However, the sunset clause for the special seats is 20 years.
Justice Minister Mutula Kilonzo said: "We are making a constitution for the country not individuals. The country should not be surprised that MPs will reach consensus."
But the constitutional review may not be out of the woods yet because the intrigues were so intense that following the changes; some ODM MPs termed them a mutilation of the Proposed Constitution.
Parliament adjourned to allow MPs to attend a retreat to build consensus to smoothen the way for the Proposed Constitution before it is debated in the House, next week.
President Kibaki and Prime Minister Raila Odinga are expected to attend an informal meeting of Parliament on Tuesday, to rally their party MPs to support the consensus document and hopefully give Kenya a new constitution, to end the two-decade quest.
The retreat on constitution making at Kenya Institute of Administration in Nairobi broke the impasse on devolution after MPs resolved to create 25 regions, and abolish the proposed 47 counties. Each of the regions will elect two representatives bringing the number of elected senators to 50.
The MPs propose that Rift Valley be divided into five regions, Eastern (four), Nairobi (one) with three each for Central, North Eastern, Nyanza, Western and Coast provinces.
This followed days of negotiations and lobbying that saw some MPs drift away from their party positions, to coalesce around regional interests and realignments for the 2012 General Election.
MPs held various meetings on Thursday night, some of them running into the early hours of on Saturday. Raila, on the one hand, and Deputy Prime Minister Uhuru Kenyatta and Agriculture Minister William Ruto on the other, chaired separate meetings hours before the 21-member committee that was appointed at the MPs’ retreat could meet at 7am on Friday.
Mutilation of the draft
Raila met ODM representatives and instructed them not to allow any mutilation of the Proposed Constitution. He reminded them that ODM supports the Proposed Constitution as is.
Sources said Raila emphasised the position outlined during its NEC and PG meeting remains ODM’s irreducible minimum.
During the Thursday meeting Raila was said to have specifically instructed his team not to permit the transitional clauses to be interfered with, not to agree to any regions beyond 18; not to allow the senate to be weakened; and not to allow the 47 counties to be deleted or diluted.
ODM lost because the 25 regions were proposed while counties were scrapped.
The meeting that was held at the Prime Minister’s office at Treasury Buildings in Nairobi, was attended by Deputy Prime Minister Musalia Mudavadi, Cabinet Ministers Anyang’ Nyong’o, James Orengo, Paul Otuoma, Dalmas Otieno, Chris Obure, and MPs Isaac Ruto, and Sophia Abdi, among others.
Scrapping of counties
However, the deal on regions and scrapping of counties was mooted at the Uhuru-Ruto meeting on Thursday night at the IBS Centre in Nairobi. At least 30 MPs, representing Eastern, Rift Valley, Central, Western and Nyanza provinces attended the meeting that sources said ended at 1am.
Uhuru and Ruto led the group representing their Central and Rift Valley regions. Foreign Affairs Minister Moses Wetang’ula, Sam Ongeri (Education) and Kiraitu Murungi (Energy) represented Western, Nyanza and Eastern provinces.
Defence Assistant Minister David Musila, who had been picked by the plenary to head a team reviewing the proposal to embrace regions, also represented Eastern.
MPs Abdul Bahari (Isiolo South) and Chachu Ganya (North Horr) represented upper Eastern. Also present were MPs Charles Keter, Robert Monda, Cyrus Jirongo, Joshua Kutuny, Ekwe Ethuro, Linah Jebii and Eseli Simiyu.
Instructively, no ODM MP allied to Raila attended the meeting, at which these changes were agreed.
On Friday, sources intimated the idea for the regions had an easy ride at the plenary after it was floated. Uhuru and Ruto, a Raila ally-turned-critic, were seen occasionally consulting outside the plenary throughout the retreat.
MPs unanimously resolved not to interfere with the transitional provision recognising the National Accord and Reconciliation Act 2008 so that the President and Prime Minister consult on new appointments.
But they decided that all new offices should not be filled until after the next General Election in 2012, with the exception of those offices that are either critical in the next elections or in transitional period.
Institutions that would have to be established immediately include the Supreme Court that is crucial in resolution of presidential election disputes.
They also resolved to have the clause calling for the removal of the Chief Justice after six months of enactment of the new constitution deleted.
The proposals are subject to the amendment of the Proposed Constitution, which is before the House.
Any amendment to the document must garner the support of 65 per cent of all members. The challenge now is how to ensure MPs do not opposed the proposals on the floor of the House.
But the clearest indication the consensus building may still be controversial is that, a section of ODM MPs protested on the sidelines of the meeting at the move to abolish counties.
Said Government Chief Whip (ODM) Jakoyo Midiwo: "My colleagues fear counties, so they want to destroy them. We agreed to seek three tiers of devolution through a strengthened senate, and more devolved funds. A lot of underhand dealings have been going on here."
He said ODM would only give in to attempts to drastically change the Proposed Constitution in Parliament if the proponents of the proposals marshal a two-thirds majority.
Illegal amendments
"Mutilation of the Proposed Constitution can only happen in full session of the House, with at least 148 MPs. We will oppose the move and block such illegal amendments.
PSC chairman Mohamed Abdikadir and his Vice-Chairman Ababu Namwamba said the retreat had made substantial progress.
On Tuesday the proposal for the amendments will be presented but they will require 65 per cent of MPs to pass. Mutula said they had agreed on devolution, the number of senators, MPs, and a formula for delimiting constituency boundaries.
The regions will become special constituencies for women in the National Assembly, meaning there will be 50 women MPs – two each for the 25 regions.
The total number of MPs in the House of Representatives is 352 – three more than the proposed 349.
However, the sunset clause for the special seats is 20 years.
Justice Minister Mutula Kilonzo said: "We are making a constitution for the country not individuals. The country should not be surprised that MPs will reach consensus."
Wednesday, March 17, 2010
RUTO
By Andrew Kipkemboi
You couldn’t have missed the grin and the show of craven obedience as Agriculture Minister William Ruto shook President Kibaki’s hand at the Eldoret ASK showground last week.
That handshake, the genuine camaraderie punctuated by the ride in the Commander-in-Chief’s ceremonial Land Rover during the opening of the North Rift region’s premier event, set the seal on a relationship that many analysts believe is hinged on who would succeed Kibaki.
But who is gaining from whom? Obviously, this is not symbiosis at its best. Most of the people in Rift Valley feel Ruto has bent his back and the President and his party are having an easy ride.
No doubt for now, Kibaki’s favour is with Ruto, but for what ends? Is Ruto readying himself for Project Uhuru II?
In fact, the puzzle is why Ruto has been too trusting of a man many have written off as indecisive, clumsy and indifferent. If Kibaki is for Ruto who could be against him? Certainly everyone else and that is the cause of the acrimony that is tearing apart his party.
The abiding image of Kibaki is the hands-off President, ill-at-ease with power, too willing to delegate with the levers of power often pulled by his chums from Makerere University. So if Ruto is the puppet, who are the puppeteers? And how long will the show last? Could Ruto be a victim of use-and-dump politics that is signature in Kibaki’s public life?Analysts believe Ruto’s tango with Kibaki could signal a seismic shift in the politics of the Rift Valley. After the debacle of the 2007 elections, the people are caught between a rock and a hard place. On the one side is a resurgent Moism the other Rutoism.
Self assertive and self-assured, Ruto has always been accused of perpetuating the personality cult he claims his party chairman Raila Odinga personifies. Many observe that he has distaste for anyone who stands up to him and might have found the PM an inconvenience stymieing his ambitions to be President in 2012.Lead vocalist
Therefore, other than Ruto, for whose benefit is the dalliance with Kibaki? Certainly not for Ruto’s ODM party. In political parlance, it is convenient to say it is for "the people" of the Rift Valley. Yet that is neither here nor there.
It is intriguing how the lead vocalist of the ODM orchestra turned against the leader. While the relationship between Ruto and Kibaki has thawed, the relationship between him (Ruto) and Raila has dipped.
Obviously, it is becoming all too clear that as far as it goes, there is more than meets the eye in the sour relationship between the two. It is more than the disagreement over the trial of post-election violence suspects and more than the politics of the Mau forest evictions.
Not once, Ruto has plotted against his party and party boss.
In fact, the breakdown in the relationship with Raila ends where relations warm with the President. Mark you, twice when Kibaki has run for President, Ruto has backed the President’s formidable challenger.
May be now, Ruto believes he is a kingmaker and knows what stuff would-be-kings are made of. Yet many of his supporters are aghast that Ruto has blindly walked into the President’s den: the Waterloo of many political careers.
Think of Simeon Nyachae, Kipruto Kirwa, Mukhisa Kituyi, Maurice Dzoro and Kalembe Ndile. Think of John Keen, Musikari Kombo. Those who may have realised too late that they cheered Kibaki to their disadvantage.So far with the fate of these politicians ending disastrously, it is thought that either Ruto has thrown caution to the winds or that he is smarter than the President.
Apparently many of his critics say tongue-in-cheek that Ruto egged on by his lieutenants has become more PNU than those in the party. And now many fearmore for Ruto than for his estranged party.
It is thought that Kibaki is like the pitcher plant that traps those who get close to it. So the hysteria is borne out of the fear that the same fate awaits the Eldoret North MP.
Could be Ruto is in this more because of self-interest than community interests. The feeling that the association with Kibaki could spur him to greater things lingers. Whether that holds true will be known in future.
For one, Ruto is not run-of the mill politician. Rather, he portrays himself as a man of the people, a true patriot who dons a cap emblazoned in the national colours. He wears jeans and T-shirts to most of his rallies.
Dare devil
Ruto is deficient of the usual stigma associated with Kalenjin speakers. He speaks clipped Kiswahili and his high-flown ideas are told in perfect English sprinkled with idiomatic expression. He is fey, but erudite. He is a dare devil who doesn’t flinch from situations that many would cross the road to avoid.
Ruto can be quirky, abrasive and exceedingly condescending. He is thoughtful, engaging and profoundly knowledgeable. No doubt, Ruto has stamped his influence on the Kalenjin. Yet to many in Kalenjin, the Eldoret North MP has misled his people twice. First during Project Uhuru in 2002 and to Raila in 2007.
You couldn’t have missed the grin and the show of craven obedience as Agriculture Minister William Ruto shook President Kibaki’s hand at the Eldoret ASK showground last week.
That handshake, the genuine camaraderie punctuated by the ride in the Commander-in-Chief’s ceremonial Land Rover during the opening of the North Rift region’s premier event, set the seal on a relationship that many analysts believe is hinged on who would succeed Kibaki.
But who is gaining from whom? Obviously, this is not symbiosis at its best. Most of the people in Rift Valley feel Ruto has bent his back and the President and his party are having an easy ride.
No doubt for now, Kibaki’s favour is with Ruto, but for what ends? Is Ruto readying himself for Project Uhuru II?
In fact, the puzzle is why Ruto has been too trusting of a man many have written off as indecisive, clumsy and indifferent. If Kibaki is for Ruto who could be against him? Certainly everyone else and that is the cause of the acrimony that is tearing apart his party.
The abiding image of Kibaki is the hands-off President, ill-at-ease with power, too willing to delegate with the levers of power often pulled by his chums from Makerere University. So if Ruto is the puppet, who are the puppeteers? And how long will the show last? Could Ruto be a victim of use-and-dump politics that is signature in Kibaki’s public life?Analysts believe Ruto’s tango with Kibaki could signal a seismic shift in the politics of the Rift Valley. After the debacle of the 2007 elections, the people are caught between a rock and a hard place. On the one side is a resurgent Moism the other Rutoism.
Self assertive and self-assured, Ruto has always been accused of perpetuating the personality cult he claims his party chairman Raila Odinga personifies. Many observe that he has distaste for anyone who stands up to him and might have found the PM an inconvenience stymieing his ambitions to be President in 2012.Lead vocalist
Therefore, other than Ruto, for whose benefit is the dalliance with Kibaki? Certainly not for Ruto’s ODM party. In political parlance, it is convenient to say it is for "the people" of the Rift Valley. Yet that is neither here nor there.
It is intriguing how the lead vocalist of the ODM orchestra turned against the leader. While the relationship between Ruto and Kibaki has thawed, the relationship between him (Ruto) and Raila has dipped.
Obviously, it is becoming all too clear that as far as it goes, there is more than meets the eye in the sour relationship between the two. It is more than the disagreement over the trial of post-election violence suspects and more than the politics of the Mau forest evictions.
Not once, Ruto has plotted against his party and party boss.
In fact, the breakdown in the relationship with Raila ends where relations warm with the President. Mark you, twice when Kibaki has run for President, Ruto has backed the President’s formidable challenger.
May be now, Ruto believes he is a kingmaker and knows what stuff would-be-kings are made of. Yet many of his supporters are aghast that Ruto has blindly walked into the President’s den: the Waterloo of many political careers.
Think of Simeon Nyachae, Kipruto Kirwa, Mukhisa Kituyi, Maurice Dzoro and Kalembe Ndile. Think of John Keen, Musikari Kombo. Those who may have realised too late that they cheered Kibaki to their disadvantage.So far with the fate of these politicians ending disastrously, it is thought that either Ruto has thrown caution to the winds or that he is smarter than the President.
Apparently many of his critics say tongue-in-cheek that Ruto egged on by his lieutenants has become more PNU than those in the party. And now many fearmore for Ruto than for his estranged party.
It is thought that Kibaki is like the pitcher plant that traps those who get close to it. So the hysteria is borne out of the fear that the same fate awaits the Eldoret North MP.
Could be Ruto is in this more because of self-interest than community interests. The feeling that the association with Kibaki could spur him to greater things lingers. Whether that holds true will be known in future.
For one, Ruto is not run-of the mill politician. Rather, he portrays himself as a man of the people, a true patriot who dons a cap emblazoned in the national colours. He wears jeans and T-shirts to most of his rallies.
Dare devil
Ruto is deficient of the usual stigma associated with Kalenjin speakers. He speaks clipped Kiswahili and his high-flown ideas are told in perfect English sprinkled with idiomatic expression. He is fey, but erudite. He is a dare devil who doesn’t flinch from situations that many would cross the road to avoid.
Ruto can be quirky, abrasive and exceedingly condescending. He is thoughtful, engaging and profoundly knowledgeable. No doubt, Ruto has stamped his influence on the Kalenjin. Yet to many in Kalenjin, the Eldoret North MP has misled his people twice. First during Project Uhuru in 2002 and to Raila in 2007.
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