Friday, July 30, 2010

Battle of the presidents

Presidential wars

The final push

Onyo Kwa Wachochezi

Green vs Red is Obama's new headache

Kenya’s quest for a new constitution has stirred American politics yet again, with 42 congressmen stopping short of calling on Kenyans to endorse the proposed law in next week’s vote.

The 42, who are members of the Congressional Black Caucus, allied to US President Barack Obama, criticised their colleagues and non-governmental activists who have sided with the ‘No’ camp.

In a statement released on Wednesday, the congressmen described the involvement of foreign organisations and American lawmakers in the referendum campaigns in Kenya as “shameful” and “harmful”.

“We, as members of the Congressional Black Caucus, strongly support the people of Kenya in their efforts to maintain peace and promote democracy,” the group declared. “The referendum on a new constitution is an important measure in meeting these objectives.”

“Unfortunately,’’ the statement added, ‘‘there have been foreign organisations and individuals who have engaged in a shameful and harmful campaign to derail the constitutional reform process,” the African-American contingent declared.

It says the critics had misconstrued both the nature of the Obama Administration’s support for constitutional reform and the content of the draft constitution.

Kenya’s profile in the US has risen since Mr Obama, whose father was Kenyan, became president. Mr Obama’s conservative critics have accused him of using American tax payers’ money to finance the ‘Yes’ campaign. Some of them have responded by working to frustrate the passage of the new laws.

Pro-life groups’ funds

The Black Caucus specifically attacked “American pro-life groups [who] have financed several Kenyan churches to defeat the proposed constitution because of a provision on abortion.”

The US pro-life groups, the congressmen charged in a statement, were behind the push to include a clause on abortion in the proposed constitution and were now financing churches opposed to the new laws.

“These foreign elements deliberately misrepresent what is in the constitution in the hope of galvanising an anti-abortion movement across East Africa,” the statement adds. “The draft constitution simply does not authorise abortion on-demand, and to state otherwise is misleading.”

“It should be clear that the constitution was written by Kenyans and for Kenyans. Parties to the drafting process have carefully weighed in to ensure that the constitution, among other provisions, balances right to life, respect for existing laws and programmes, and consideration of environment.”

The Black Caucus was responding to claims by three Republican congressmen who have accused President Obama’s administration of spending at least Sh1.8 billion to support the ‘Yes’ side.

Congressman Chris Smith has been behind a campaign to question the use of US taxpayers money on the Kenyan constitution stating that even though Washington had pledged to give $2 million (Sh160 million) to support civic education, the figure had risen to $23 million (Sh1.8 billion).

“There is no doubt that the Obama Administration is funding the ‘Yes’ campaign in Kenya,” he said. “By funding NGOs backing the ‘Yes’ votes, the administration has crossed the line,” he said. “Directly supporting efforts to register ‘Yes’ voters and ‘get out the Yes vote’ means the US Government is running a political campaign in Kenya. US taxes should not be used to support one side,” he added.

Congressman Smith provided a list of organisations that had benefited from the money channelled through the United States Agency for International Development (USAid). Vice-President Joe Biden and the US embassy in Nairobi have refuted the claims.

The Black Caucus also criticised US anti-abortion NGOs that have admitted channelling money through churches to defeat the proposed constitution on grounds that it allows abortion.

Even though the proposed constitution declares abortion illegal, it gives a window to “trained health professionals” to procure an abortion should the mother’s life be in danger.

Donations to defeat draft

Three weeks ago, an American-based group told the Sunday Nation that it was working through its office in Nairobi to tell Kenyans that the proposed constitution would allow abortion on demand.

Mr Jordan Sekulow of the American Centre for Law and Justice, said the organisation had donated tens of thousands of dollars to help defeat the draft.

The centre is a non-governmental public interest law firm founded in 1990 by controversial televangelist Pat Robertson, well-known in Kenya for his programmes on the Christian Broadcasting Network.

We may still be in camps by 2012

By Vitalis Kimutai

Displaced people in Burnt Forest have expressed fears that the 2012 General Election will find them in camps.

They told The Standard yesterday the Government and civil society groups that had promised to help them resume normal lives were not committed.

"There is relative peace and calm in the area, but the Government and NGOs have not fulfilled their pledge to help us resettle," said Mr Samuel Mwangi, the chairman of the displaced families.

The IDPs spoke as the Government and Organisation of Migration donated 429 new tents to the more than 500 families who had been camping at Lainkuse Youth Polytechnic in Tarakwa location, Wareng District, for the past two weeks.

"We sought shelter at the institution following prolonged heavy rainfall, which destroyed our makeshift structures and old tents," he said.

Ms Jane Wanjiru said the families had suffered for long and that it was their wish they be helped to settle in their farms and resume farming.

Former Nakuru Kanu Chairman Kimani Ngunjiri said the IDPs were in dire need of medication and food, adding that several children had dropped out of school. "It is sad that two years after post-poll chaos, IDPs are yet to be fully resettled," he said.

I will not keep quiet, says Moi

Written By:KBC reporters/KNA , Posted: Thu, Jul 29, 2010


Former President Daniel arap Moi has vowed to continue expressing his views on the proposed constitution and that he will campaign against it to the end.

Moi said that though he had retired, he was still a Kenyan and was entitled to the right and freedom of expression just like any other Kenyan.

"Even if I have retired from the Presidency, I am still in the land of the living. I will continue expressing my opinion on matters affecting my mother land as long as I am still there," he said.

Addressing a mammoth rally Malindi, Mr. Moi quipped "How can anyone tell me to keep quiet? How do I keep quiet when things in the country are going wrong and the country is shaking?"

He urged Kenyans to reject the proposed constitution saying it had a lot of bad things and that it did not address issues affecting the country.

He cited clauses on abortion and land saying the Committee of Experts should have consulted widely before putting them in the new law.

Mr. Moi revisited the issue of gay marriages saying though the proposed law allowed the vice indirectly.

Elsewhere, Higher Education Minister William Ruto Thursday held a series of roadside rallies in Thika, Gatundu and Ruiru towns to campaign against the proposed constitution.

Ruto who was accompanied by Starehe MP Margaret Wanjiru and Igembe North MP Mithika Linturi asked the residents to stand against regional discrimination which he claimed was being propagated by the proposed law.

Ruto began his campaign trail in Uhuru Kenyatta's home turf in Gatundu before addressing a roadside rally in Thika Town.

The Minister called on the residents to reject the proposed law claiming the proposed counties were not balanced.

Ruto said the document is faulty and therefore it should be amended before it is made law.

Housing Assistant minister Margaret Wanjiru called on the residents to reject the proposed law claiming it denies church leaders the right to freely propagate the gospel.

Kibaki digs in.

NAIROBI, Kenya, Jul 29 - President Mwai Kibaki on Thursday sustained his verbal attacks against his predecessor Daniel arap Moi, urging Kenyans to ignore elder statesman's sentiments and vote for the proposed Constitution.

Speaking at the Masinde Muliro Gardens in Kakamega, the Head of State maintained that critics of the proposed law should keep quiet as they failed to deliver one when they had a chance.

"Let's not fear the past, where some people failed to deliver a Constitution because they were focusing on other things but that was their time. This is our time and we have decided that we are going to approve this document," he said.

Deputy Prime Minister Musalia Mudavadi who had accompanied the president on the campaign trail urged area residents to seize the historic moment and approve the proposed Constitution

"If you compare our (Western province) voter turnout to that of Central, Rift Valley and Eastern provinces it's always higher than ours, so this is the time to make a difference and come out in large numbers to show that we want this document," he said.

Central Organisation of Trade Unions Secretary General Francis Atwoli and Lands Assistant Minister Bifwoli Wakoli were among other leaders who accompanied the President.

Mr Atwoli said the union would mobilise workers to support the draft Constitution since it will strengthen institutions and reduce the mismanagement that has characterised previous governments.

"For the first time in Kenya workers will have the right to strike entrenched in the Constitution and this will provide workers with an opportunity to bargain for their labour without being intimidated and declaring such a move illegal," he said.

Mr Wakoli used his charismatic style to woo residents to the Yes side, by likening the proposed Constitution to a girl who despite her beauty, would not lack a flaw which people are willing to overlook.

In Mombasa, Gichugu MP Martha Karua joined the Committee on Experts in campaigning for the proposed Constitution where she accused the Church leadership of misinterpreting the document.

"Politicians have never attempted to enter the Church to interpret the Bible. The clergy should learn to respect political leaders," she said.

Speaking at the Tononoka Grounds, Ms Karua said Church leaders opposed to the document should not resort to bitterness and distortion. She urged Kenyans to vote for the proposed Constitution to deter MPs from unilaterally raising their salaries and allowances.

"The current Constitution allows MPs to raise their salaries at a whim and Kenyans should pass the proposed Constitution as there is a governing body which will regulate the salaries and allowances of MPs and all civil servants," said Ms Karua.

Thursday, July 29, 2010

Kibaki to lead final Yes rally in Nairobi

By LLUCAS BARASA
Posted Thursday, July 29 2010 at 16:59

President Kibaki will hold a major final Yes rally in Nairobi on August 2, Public Health minister Beth Mugo has said.

Mrs Mugo urged Nairobi residents to attend the Uhuru Park rally in large numbers and vote for the proposed Constitution.

"We want this constitution to pass with a huge margin so that it is seen to belong to all Kenyans," she said during a rally to drum up support for the proposed Constitution in her Dagoretti constituency Thursday.

The minster, who was accompanied by Water assistant minister Mwangi Kiunjuri and Embakasi MP Ferdinand Waititu, also urged Church leaders to change their stand and support the passage of the proposed Constitution for a united Kenya.

She said contentious issues would be amended after Kenyans vote in favour of the document at the August 4 referendum.

Mr Kiunjuri took issue with former president Moi for hitting out at President Kibaki's reform record.

The Laikipia East MP said Mr Moi should be made to return his Karbanet Gardens home to the government since it is supposed to be the Vice President's residence'

"We are now spending Sh200m to build a new house for the VP while the former president keeps a house meant for the VP," he said.

He said it is necessary for Mr Moi to return the house "so that Kibaki doesn't also refuse to leave State House when his term expires".

Mr Kiunjuri accused Mr Moi of promoting tribalism during his 24-year rule and destroying all key institutions inherited from the Kenyatta Government.

"Kenyans were oppressed for long, Moi only succeeded in replacing tarmac roads with murram ones. The 1992 and 97 tribal clashes also occurred while he was at the helm but he never prosecuted anybody and should now keep quiet," he said.

"Kenyans have forgiven Mr Moi but will never forget his misrule."

Mr Moi had accused President Kibaki of reneging on his pledge to deliver a new constitution for Kenyans within 100 days in office during presidential campaigns in 2002.

The former president was reacting to accusations by the President of misleading Kenyans on the contents of the proposed Constitution. President Kibaki also said Mr Moi had failed on reforms despite ruling Kenya for 24 years.

Campaigning for the proposed Constitution, the leaders said it will ensure better lives for all Kenyans.

They said the proposed law entrenches free elementary education, will ensure health care to all, better housing, and proper distribution of resources.

Mr Waititu said he hoped Embakasi constituency, which is the most populous in the country, will be split into three and Dagoretti into two if the proposed Constitution passes. He said the split will benefit the constituents from government resources at the grassroots.

"This is a poor man's constitution and will help uplift many from poverty. The youth, women, people with disabilities will also be represented in decision making bodies," said the Embakasi legislator.

Mr Waititu and Mr Kiunjuri said the proposed Constitution will end frequent harassment of youth by police on flimsy grounds.

Mrs Mugo said nowhere in the world does the constitution satisfy the interests of all people and if Kenyans wanted a hundred per cent clean document they will wait forever.

Starehe MP Wanjiru set to know fate

Bishop Margaret Wanjiru will Friday know whether she will continue serving Starehe constituents in her capacity as area MP.

Justice Kihara Kariuki is expected to give his verdict on the petition challenging her election.

Six MPs have already been sent packing by the court in an indictment of the flaws in the last General Election. The petition against Bishop Wanjiru has been filed by former area MP Maina Kamanda.

And unlike other petitions, which have sought the nullification of the parliamentary seats, Mr Kamanda wants to be declared the winner and his name substituted with that of Bishop Wanjiru.

If the prayer is allowed, Mr Kamanda will avoid a by-election. The Housing assistant minister, who vied for the seat on an ODM ticket, defeated Mr Kamanda of PNU by 895 votes.

Mr Kamanda disputed and filed the petition in February 2008. A votes recount was ordered and Mr Kamanda emerged the winner with 49,306 votes against Bishop Wanjiru's 34,871, a difference of 14,435.

Mr Kamanda wants the court to declare him the elected MP for Starehe on the strength of Section 27(2) of the National Assembly and Presidential Elections Act. The section allows the Speaker to make changes should the court so declare.

According to him, he lost the seat after Forms 16A were falsified. But Bishop Wanjiru disputed his lead saying the ballot boxes were interfered with at the Nyayo National Stadium where they were kept after the elections.

Several election petitions are still pending in court. They include the petition challenging the election of Dr Boni Khalwale (Ikolomani), Mr Simon Mbugua (Kamukunji), Mr Walter Nyambati (Kitutu Masaba) and Mr Ngata Kariuki of Kirinyaga Central.

Three by-elections have already been held after two MPs lost in the subsequent by-elections. Mr Omingo Magara of South Mugirango lost the seat to Manson Nyamweya as Joel Onyancha lost to Simon Ogari in Bomachoge.

Mr Chirau Ali Mwakwere who also lost his Matuga seat, successfully recaptured his seat in a by-election in July.