The real reasons why ODM is headed for a split can be revealed today. And the Waki report, it has emerged, is just being used as a smokescreen by the Rift Valley MPs, led by Agriculture Minister and MP for Eldoret North, William Ruto. The picture that is emerging is that the planned disengagement by the Ruto-led group from mainstream ODM has been in the works since the formation of the grand coalition government. The structure of the coalition government has been a source of friction among ODM MPs. The MPs are claiming that Raila Odinga, the ODM party leader, has reneged on the promises he made to the Rift Valley region which is a vote-rich region and overwhelmingly supported Raila in December 2007 elections.
The main cause of this friction has been the feeling that ODM was slighted in the filling of government positions after the signing of the coalition agreement by President Kibaki and Prime Minister Raila Odinga. Actually the MPs have identified two levels in which they felt cheated. At one level is the feeling that ODM, through the Prime Minister position, did not get real executive powers to be in a position to influence the running of government. On the other hand, the Rift Valley MPs complain that they were short-changed by Raila in the distribution of slots in the ODM end of the coalition government, especially in relation to cabinet appointments. MPs from the south rift have been vocal on this issue as they feel they got a raw deal.
The other cause of discomfort has been the planned eviction of residents of Mau Forest which is being spearheaded by the Prime Minister. Mau Forest is the biggest water catchment area in Kenya whose demarcation for settlements has resulted in devastating climatic changes around the forest and the rivers and lakes that depend on it. Residents of downstream areas have reported increased incidences of flooding. The move to evict residents has roundly been opposed by the Rift Valley MPs, let by the Ruto. One of the reasons for resistance is that most of the MPs are beneficiaries of a disputed allotment of large tracts of land in the forest. Most of the allocations took place during former President Moi's tenure and most allottees were key supporters and civil servants in his government. The MPs insist that alternative land for resettlement with the same quality will have to identified before the residents can move out of the forest. They see the insistence by Raila that they should vacate the area as a betrayal of the same Kalenjin community that gave him overwhelming support.
However, the main opposition relates to deflated egos for some of the legislators who had high expectations that they would bag plum cabinet appointments once the coalition agreement was signed in February 2008. Indeed, it took great sacrifice by Kibaki and Raila to come up with the cabinet list. Each had to leave out key lieutenants from the cabinet, although in the end they ended up with bloated cabinet of 40 ministers and twice as much assistant ministers. Now the ODM MPs who missed out on cabinet posts have been in the forefront calling for the enactment of a law to recognise official opposition in parliament. The move has been opposed by Raila, arguing that recognising an opposition will weaken the coalition government. On the other hand, William Ruto has been in support of the move to have an opposition in Parliament.
Then comes the Waki report on post-election violence. The report is proving to be the final straw in the relationship between Raila and Ruto. Despite efforts to project a united front, the differences that have been building since March 2008 have now come into the open. Raila has called for the full implementation of the report. Ruto has read a sinister motive in Raila's stand and trashed the report as made up of 'rumours, hearsay and innuendo'. Raila's supporters, mainly from Luo Nyanza have supported his stand, while Rift Valley MPs have supported Ruto's call to reject the report. Now, Ruto is reported to have threatened to ditch ODM. Raila insists that leaders must not hide behind ethnic cocoons when matters of national interest are being discussed, in an apparent move to call Ruto's bluff.
The differences between the two leaders seem to be irreconcilable and the question is not if, but when the two together with their respective supporters are going to part ways. ODM as we know it will emulate the route taken by FORD in the 90s and the original ODM Kenya. That the schism between the two leaders is likely also to lead to the collapse of the coalition government is not far fetched.
Monday, November 17, 2008
Saturday, November 15, 2008
Waki Report - Kibaki and Raila in a dilemma as The Hague approaches
Despite an earlier promise by President Kibaki to urgently commence the process of implementing the Waki report, the cabinet last Thursday did not discuss the issue at all. The reason given was that the issue was not on the agenda paper for the day. And who sets the agenda for cabinet meetings? The president and Prime Minister, Raila Odinga, through the Secretary to the cabinet, Francis Muthaura. Meanwhile the panic by politicians is evident as the date for the suspects with ICC approaches.
While the real reasons for not discussing the report may not be known, serious questions are being raised by MPs opposed to the Waki report with a majority being Rift Valley Orange Democratic Movement Party (ODM) MPs and also some Party of National Unity (PNU) MPs. These questions, unless tackled in a sober approach might make the implementation of the Waki report almost impossible, especially in relation to the proposed prosecution of the key persons involved in the organizing and financing of the post-election violence. The Waki commission handed over a list of 10 individuals to Kofi Anan to be handed over to the International Criminal Court based at The Hague (ICC) if the coalition government fails to appoint a local tribunal for whatever reasons.
Various arguments have been advanced by politicians as to why the implementation of the report should go one way or the other. But mostly the arguments have been advanced for selfish self-preservation reasons.
Possible culpability of Raila and Kibaki argument
One of the issues being raised is the level of involvement by the principles in the Grand Coalition Government (GCG), President Mwai Kibaki and Prime Minister Raila Odinga, in the post-election violence. The prosecution of the key suspects, whether by a local tribunal or by ICC could be severely complicated if those suspected can argue and show that they acted on orders issued by the party leaders, in this case Kibaki and Raila.
As for ODM side, the argument is that immediately after the announcement of the presidential results for December 2007 elections which favoured Kibaki, Raila Odinga called upon ODM members to go on a mass action to force the reversal of the results. This resulted in levels of violence never seen in Kenya before, resulting in ethnic cleansing mainly in Rift Valley where certain communities suspected to have voted for Kibaki were either killed or forcibly evicted from their homes. They argue that the violence and evictions were spontaneous and not planned in advance.
The PNU side would argue that the Naivasha violence, where perceived ODM sympathizers were evicted, was necessitated by self-defense and the action was sanctioned, as some have argued, by State House. The reaction by the police force to the violence and possible killings by police can be presented as having been necessary to tackle the violence and prevent further loss of life and property, with the government’s (Kibaki’s) blessing.
This is why some MPs are insisting that for the prosecution to happen, the names of Raila and Kibaki should be on the list.
The Waki mandate argument
The other issue is that the MPs are claiming by handing the names of suspects over to Kofi Anan the commission exceeded its mandate. They say the names should have been given to the President and Prime Minister. Also they have roundly dismissed the entire report as collection of fiction, that it is based on rumours, hearsay and innuendo, as per Agriculture Minister and MP for Eldoret North, William Ruto.
But the sad thing is that they have gone ahead and introduced a political (survival) angle. They have used this argument, without substantiating, to cast the report as having been prepared with the sole purpose of hurting the political careers of some individuals. It is widely believed that William Ruto will have a go at the presidency come 2012 elections, which will mean competition with his current party leader and Prime Minister, Raila Odinga. His supporters argue that those calling for the full implementations of the Waki report, including Raila Odinga, have the intention of bursting his presidency bubble, hence their opposition to it. But one issue being ignored is that ODM, including Ruto who was in the team negotiating the coalition deal, enthusiastically backed the setting up of the Waki commission. Secondly, the list of names has not yet been made public, so why are these MPs agitated about it? Is this evidence that they are culpable in some of the crimes committed? Do they suspect that they are on the list?
The guilty are afraid argument
The different positions taken by Kenyan politicians on the report depend on the perception as to who the guilty party is. Initially, immediately after the report was presented to President Mwai Kibaki and Prime Minister Raila Odinga, both sides of the political divide, ODM and PNU, fully embraced the report and called for speedy implementation. But as soon as they had read the report positions stated to shift. Initially almost all MPs opposed the report, probably because most suspected that their colleagues were on the secret list. The President himself called for some form of compromise on the report’s implementation in his speech to the country during the Kenyatta Day celebrations. ODM parliamentary group (PG) roundly rejected the whole report, on suspicion that the list has some of its key leaders on the list. The party’s top decision-making organ, the National Executive Council, later reversed the PG position and called for the report’s implementation. Raila has been wavering between full implementation and rejection, depending on which side he wants to please. Eventually, most ODM MPs oppose the report's implementation while most PNU MPs are calling for its full implementation.
Sovereignty argument
The issue here is whether Kibaki and Raila went too far to surrender Kenya’s sovereignty to foreigners. While the role played by Kofi Anan through the African Union (AU) and the international community cannot be ignored, in the heat of the moment the two principles may have subjected the country to unnecessary international scrutiny. The action by Justice Waki to hand over the list of suspects to Kofi Anan instead of the President and Prime Minister is seen in this light.
Supporters of this argument insist that the work of the international community should have ended with the signing of the coalition agreement. The rest, including the commissions that were later set up (Kriegler and Waki commissions) should have been a matter of internal resolution, using internal mechanisms. Therefore, the argument goes, the involvement of Kofi Anan and the ICC in the implementation of the Waki report while we have capable institutions is first an expression of lack of confidence in our institutions and second, a surrender of our sovereignty to foreign powers. However, it is important to note that the ICC will take over the implementation of the Waki report if the GCG fails to constitute a local tribunal.
The coalition/party collapse argument
The argument is that the implementation of the Waki report will result in the collapse of the coalition government and also political parties. The ensuring differences over the report have put a lot of strain within political parties, mainly within ODM and PNU and most observers predict political party breakups and realignments very soon. The stains are also likely to spill over to the coalition government, given the different positions adopted by the coalition partners. Already, ODM’s NEC has taken a different position from that adopted by the PG. On the other hand, parties on the PNU side like ODM-Kenya, NARK-Kenya, FORD Kenya, have repeatedly adopted different positions and made decisions independently as individual parties.
The differences do not just relate to the adoption or rejection of the report. Even those who support its implementation are divided as to the process to be adopted. While Justice clearly indicated the process to be followed, some politicians are busy looking for ways to circumvent the ICC route. Others are proposing a local tribunal with Kenyan judges only. This is just to show that with time running out, there are wide rifts as to how to proceed with the report.
What is amusing in all this drama is that while the politicians adopt various positions on the report, they are not consulting the people they represent to get direction on how to proceed. Various opinion polls by radio and TV stations have shown that most Kenyans are for full implementation of the report. And they don’t care what the consequences will be.
While the real reasons for not discussing the report may not be known, serious questions are being raised by MPs opposed to the Waki report with a majority being Rift Valley Orange Democratic Movement Party (ODM) MPs and also some Party of National Unity (PNU) MPs. These questions, unless tackled in a sober approach might make the implementation of the Waki report almost impossible, especially in relation to the proposed prosecution of the key persons involved in the organizing and financing of the post-election violence. The Waki commission handed over a list of 10 individuals to Kofi Anan to be handed over to the International Criminal Court based at The Hague (ICC) if the coalition government fails to appoint a local tribunal for whatever reasons.
Various arguments have been advanced by politicians as to why the implementation of the report should go one way or the other. But mostly the arguments have been advanced for selfish self-preservation reasons.
Possible culpability of Raila and Kibaki argument
One of the issues being raised is the level of involvement by the principles in the Grand Coalition Government (GCG), President Mwai Kibaki and Prime Minister Raila Odinga, in the post-election violence. The prosecution of the key suspects, whether by a local tribunal or by ICC could be severely complicated if those suspected can argue and show that they acted on orders issued by the party leaders, in this case Kibaki and Raila.
As for ODM side, the argument is that immediately after the announcement of the presidential results for December 2007 elections which favoured Kibaki, Raila Odinga called upon ODM members to go on a mass action to force the reversal of the results. This resulted in levels of violence never seen in Kenya before, resulting in ethnic cleansing mainly in Rift Valley where certain communities suspected to have voted for Kibaki were either killed or forcibly evicted from their homes. They argue that the violence and evictions were spontaneous and not planned in advance.
The PNU side would argue that the Naivasha violence, where perceived ODM sympathizers were evicted, was necessitated by self-defense and the action was sanctioned, as some have argued, by State House. The reaction by the police force to the violence and possible killings by police can be presented as having been necessary to tackle the violence and prevent further loss of life and property, with the government’s (Kibaki’s) blessing.
This is why some MPs are insisting that for the prosecution to happen, the names of Raila and Kibaki should be on the list.
The Waki mandate argument
The other issue is that the MPs are claiming by handing the names of suspects over to Kofi Anan the commission exceeded its mandate. They say the names should have been given to the President and Prime Minister. Also they have roundly dismissed the entire report as collection of fiction, that it is based on rumours, hearsay and innuendo, as per Agriculture Minister and MP for Eldoret North, William Ruto.
But the sad thing is that they have gone ahead and introduced a political (survival) angle. They have used this argument, without substantiating, to cast the report as having been prepared with the sole purpose of hurting the political careers of some individuals. It is widely believed that William Ruto will have a go at the presidency come 2012 elections, which will mean competition with his current party leader and Prime Minister, Raila Odinga. His supporters argue that those calling for the full implementations of the Waki report, including Raila Odinga, have the intention of bursting his presidency bubble, hence their opposition to it. But one issue being ignored is that ODM, including Ruto who was in the team negotiating the coalition deal, enthusiastically backed the setting up of the Waki commission. Secondly, the list of names has not yet been made public, so why are these MPs agitated about it? Is this evidence that they are culpable in some of the crimes committed? Do they suspect that they are on the list?
The guilty are afraid argument
The different positions taken by Kenyan politicians on the report depend on the perception as to who the guilty party is. Initially, immediately after the report was presented to President Mwai Kibaki and Prime Minister Raila Odinga, both sides of the political divide, ODM and PNU, fully embraced the report and called for speedy implementation. But as soon as they had read the report positions stated to shift. Initially almost all MPs opposed the report, probably because most suspected that their colleagues were on the secret list. The President himself called for some form of compromise on the report’s implementation in his speech to the country during the Kenyatta Day celebrations. ODM parliamentary group (PG) roundly rejected the whole report, on suspicion that the list has some of its key leaders on the list. The party’s top decision-making organ, the National Executive Council, later reversed the PG position and called for the report’s implementation. Raila has been wavering between full implementation and rejection, depending on which side he wants to please. Eventually, most ODM MPs oppose the report's implementation while most PNU MPs are calling for its full implementation.
Sovereignty argument
The issue here is whether Kibaki and Raila went too far to surrender Kenya’s sovereignty to foreigners. While the role played by Kofi Anan through the African Union (AU) and the international community cannot be ignored, in the heat of the moment the two principles may have subjected the country to unnecessary international scrutiny. The action by Justice Waki to hand over the list of suspects to Kofi Anan instead of the President and Prime Minister is seen in this light.
Supporters of this argument insist that the work of the international community should have ended with the signing of the coalition agreement. The rest, including the commissions that were later set up (Kriegler and Waki commissions) should have been a matter of internal resolution, using internal mechanisms. Therefore, the argument goes, the involvement of Kofi Anan and the ICC in the implementation of the Waki report while we have capable institutions is first an expression of lack of confidence in our institutions and second, a surrender of our sovereignty to foreign powers. However, it is important to note that the ICC will take over the implementation of the Waki report if the GCG fails to constitute a local tribunal.
The coalition/party collapse argument
The argument is that the implementation of the Waki report will result in the collapse of the coalition government and also political parties. The ensuring differences over the report have put a lot of strain within political parties, mainly within ODM and PNU and most observers predict political party breakups and realignments very soon. The stains are also likely to spill over to the coalition government, given the different positions adopted by the coalition partners. Already, ODM’s NEC has taken a different position from that adopted by the PG. On the other hand, parties on the PNU side like ODM-Kenya, NARK-Kenya, FORD Kenya, have repeatedly adopted different positions and made decisions independently as individual parties.
The differences do not just relate to the adoption or rejection of the report. Even those who support its implementation are divided as to the process to be adopted. While Justice clearly indicated the process to be followed, some politicians are busy looking for ways to circumvent the ICC route. Others are proposing a local tribunal with Kenyan judges only. This is just to show that with time running out, there are wide rifts as to how to proceed with the report.
What is amusing in all this drama is that while the politicians adopt various positions on the report, they are not consulting the people they represent to get direction on how to proceed. Various opinion polls by radio and TV stations have shown that most Kenyans are for full implementation of the report. And they don’t care what the consequences will be.
Friday, November 14, 2008
Wednesday, November 12, 2008
Cracks In ODM Over Waki Report
The myth of the show of unity in Kenya's Orange Democratic Movement Party (ODM) after a show of unity by the party's Parliamentary Group (PG) a week ago over the Waki report on the post-election violence was broken after the party's top decision-making organ, the National Executive Committee overruled the PGs decision to reject the report.
While this came as a reprieve for the party after countrywide condemnation of the earlier position, it set the party up for a split down the middle. Most ODM MPs, especially from the Rift Valley province, suspect that their names are included in the Waki list of 10 names handed over to Kofi Annan for prosecution by a local tribunal facilitated by parliament and appointed by the president, failing which the case will be taken over by the International Criminal Court (ICC) based at the Hague. This is the reason for great opposition of the report by the party.
The change of tack vindicates the Prime Minister, Raila Odinga, the party leader, who had indicated some support for his MPs despite his earlier call for full implementation of the report after it was handed over by the Waki commission.
Two reasons can explain this change of heart. One is that ODMs coalition partners, PNU, had earlier fully embraced the report and called for its full implementation, thereby projecting ODM as the guilty party, i.e. the guilty are always afraid. This projected ODM in bad light and the Executive committee had to work on reversing this image. Secondly, this was as a result of ODM leadership coming to their senses and realising that the report's implementation was an un-stoppable train. Waki had cleverly included clear escalation clauses if there were to be any roadblocks in the report's implementation.
As i have indicated before, Kenyans are prepared for whatever consequences that will occur with the implementation of the Waki report. Whether this will cause a break-up of the coalition government, ODM or PNU, even if we have to go for another election, so be it. We are ready. As the death of impunity in our country is finally in sight.
While this came as a reprieve for the party after countrywide condemnation of the earlier position, it set the party up for a split down the middle. Most ODM MPs, especially from the Rift Valley province, suspect that their names are included in the Waki list of 10 names handed over to Kofi Annan for prosecution by a local tribunal facilitated by parliament and appointed by the president, failing which the case will be taken over by the International Criminal Court (ICC) based at the Hague. This is the reason for great opposition of the report by the party.
The change of tack vindicates the Prime Minister, Raila Odinga, the party leader, who had indicated some support for his MPs despite his earlier call for full implementation of the report after it was handed over by the Waki commission.
Two reasons can explain this change of heart. One is that ODMs coalition partners, PNU, had earlier fully embraced the report and called for its full implementation, thereby projecting ODM as the guilty party, i.e. the guilty are always afraid. This projected ODM in bad light and the Executive committee had to work on reversing this image. Secondly, this was as a result of ODM leadership coming to their senses and realising that the report's implementation was an un-stoppable train. Waki had cleverly included clear escalation clauses if there were to be any roadblocks in the report's implementation.
As i have indicated before, Kenyans are prepared for whatever consequences that will occur with the implementation of the Waki report. Whether this will cause a break-up of the coalition government, ODM or PNU, even if we have to go for another election, so be it. We are ready. As the death of impunity in our country is finally in sight.
Kenya Internal Refugees Tear-gassed
The grave situation facing Kenya's internally displaced persons (IDPs) was brought to the fore yesterday. The IDP situation was as a result of ethnic cleansing operations by certain tribes led by their leaders in Kenya immediately after the announcement of the winner in hotly contested and controversial presidential elections in December 2007.
Yesterday some of the IDPs who are yet to be resettled by the government, despite promises to do so, arrived in Nairobi, the country's capital city, to seek audience with President Mwai Kibaki and Prime Minister, Raila Odinga. They had travelled for more than 500 kilometers to get to the city, from Eldoret, Trans Nzoia and elsewhere. They wanted to be told categorically about the plans to resettle them, after almost a year in dilapidated refugee camps. The group was composed of mainly elderly women and children. This was happening as the so called leaders zoomed nearby in their 4x4 fuel guzzlers, peering at them in amusement from behind their dark-tinted car windows.
The result? As they confidently marched in the city, they were met by heavily-armed anti-riot police contingents who dispersed them by shooting rubber bullets in the air and lobbing tear-gas canisters at them. That was the end of their quest to meet the two gentlemen.
That no government functionary was willing to listen to them is an indication that our leaders are insensitive to the cause of the normal mwananchi. The leaders seem to have forgotten what caused the internal displacements once they got into positions of power. Furthermore the same IDPs were the ones who voted one way or the other for the same leaders.
The internal refugees are not in a position to fend for themselves, without urgent government intervention, and a solution should be implemented as soon as possible to minimise their suffering. At worst, the coalition government should give itself until the end of this year to resolve this issue, once and for all.
Yesterday some of the IDPs who are yet to be resettled by the government, despite promises to do so, arrived in Nairobi, the country's capital city, to seek audience with President Mwai Kibaki and Prime Minister, Raila Odinga. They had travelled for more than 500 kilometers to get to the city, from Eldoret, Trans Nzoia and elsewhere. They wanted to be told categorically about the plans to resettle them, after almost a year in dilapidated refugee camps. The group was composed of mainly elderly women and children. This was happening as the so called leaders zoomed nearby in their 4x4 fuel guzzlers, peering at them in amusement from behind their dark-tinted car windows.
The result? As they confidently marched in the city, they were met by heavily-armed anti-riot police contingents who dispersed them by shooting rubber bullets in the air and lobbing tear-gas canisters at them. That was the end of their quest to meet the two gentlemen.
That no government functionary was willing to listen to them is an indication that our leaders are insensitive to the cause of the normal mwananchi. The leaders seem to have forgotten what caused the internal displacements once they got into positions of power. Furthermore the same IDPs were the ones who voted one way or the other for the same leaders.
The internal refugees are not in a position to fend for themselves, without urgent government intervention, and a solution should be implemented as soon as possible to minimise their suffering. At worst, the coalition government should give itself until the end of this year to resolve this issue, once and for all.
Kenyan MPs Blackmail Government Over Plans To Tax Them
It was another sad day for Kenyans.
Kenyan Members of Parliament boxed the coalition government into a corner when they dilly-dallied in passing the government budget for the period 2008/9. The reason for this was the inclusion in the current budget to tax the MPs on allowances totaling to almost Ksh 1,000,000/= (US$ 14,000) per month. Kenyan MPs are the best paid in the whole of Africa and among the best paid in the world. The tactic they used was to absent themselves whenever debate on the budget was on the order paper. Kenya is classified as one of the poorest countries in the world, with a per capita income of less than US$ 500.
The absenteeism had been going on since the budget was read by the then Finance Minister, Amos Kimunya in June 2008. Indeed, in July 2008 Mr. Kimunya was impeached by parliament over the Grand Regency Saga and it was suspected that one of the catalysts for the impeachment process was the inclusion of this tax proposal in the budget.
Now, the government had until December 31, 2008 to have the budget passed by parliament, otherwise it would have no powers legally to implement any of the tax measures come 1st January, 2009, resulting in an awkward situation where the government has no authority to collect taxes to fund its programs. Of course the MPs were privy to this and hence their behaviour. The acting Finance Minister, John Michuki, had to rescue the situation by agreeing to delete the 'offensive' clauses.
This is in essence a very grave situation. The Kenyan MPs order of business every 5 years after elections, save for 2008, is to allocate themselves all sorts of enhanced allowances over and above their salary, accumulating over time to the figure indicated above. Most of the current MPs were elected in December 2007 on the pledge that they would be willing to have their hefty allowances taxed to contribute to national development, just like every other citizen. This is the reason why Mr. Kimunya was all too willing to include this taxation clause in the budget. The tax allocated from this source was around Ksh 800,000,000 (US$ 11 million).
This action is further evidence that Kenyan MPs are in it for money and wealth and not service to their constituents. They are not willing to sacrifice like everyone else to contribute to the national kitty. As a result of their rejection to be taxed, the government will have to look for alternative sources of funds to minimise the expanding budget deficit. Obviously the people to suffer are the current overbuddened tax payers who will be the first target for more tax, and then the wananchi in general who will have to do with less government funding for projects.
That they are not willing to be taxed like everyone else casts them as insensitive and greedy. It is high time that the MPs rose to the occassion and changed tack on this issue.
Kenyan Members of Parliament boxed the coalition government into a corner when they dilly-dallied in passing the government budget for the period 2008/9. The reason for this was the inclusion in the current budget to tax the MPs on allowances totaling to almost Ksh 1,000,000/= (US$ 14,000) per month. Kenyan MPs are the best paid in the whole of Africa and among the best paid in the world. The tactic they used was to absent themselves whenever debate on the budget was on the order paper. Kenya is classified as one of the poorest countries in the world, with a per capita income of less than US$ 500.
The absenteeism had been going on since the budget was read by the then Finance Minister, Amos Kimunya in June 2008. Indeed, in July 2008 Mr. Kimunya was impeached by parliament over the Grand Regency Saga and it was suspected that one of the catalysts for the impeachment process was the inclusion of this tax proposal in the budget.
Now, the government had until December 31, 2008 to have the budget passed by parliament, otherwise it would have no powers legally to implement any of the tax measures come 1st January, 2009, resulting in an awkward situation where the government has no authority to collect taxes to fund its programs. Of course the MPs were privy to this and hence their behaviour. The acting Finance Minister, John Michuki, had to rescue the situation by agreeing to delete the 'offensive' clauses.
This is in essence a very grave situation. The Kenyan MPs order of business every 5 years after elections, save for 2008, is to allocate themselves all sorts of enhanced allowances over and above their salary, accumulating over time to the figure indicated above. Most of the current MPs were elected in December 2007 on the pledge that they would be willing to have their hefty allowances taxed to contribute to national development, just like every other citizen. This is the reason why Mr. Kimunya was all too willing to include this taxation clause in the budget. The tax allocated from this source was around Ksh 800,000,000 (US$ 11 million).
This action is further evidence that Kenyan MPs are in it for money and wealth and not service to their constituents. They are not willing to sacrifice like everyone else to contribute to the national kitty. As a result of their rejection to be taxed, the government will have to look for alternative sources of funds to minimise the expanding budget deficit. Obviously the people to suffer are the current overbuddened tax payers who will be the first target for more tax, and then the wananchi in general who will have to do with less government funding for projects.
That they are not willing to be taxed like everyone else casts them as insensitive and greedy. It is high time that the MPs rose to the occassion and changed tack on this issue.
Friday, October 31, 2008
Martha Karua, The Only Man In Kenyan Politics
Martha Karua, Kenya's Minister for Justice and Constitutional affairs, today walked out of a Party of National Unity (PNU) parliamentary group meeting that was discussing the stand to take on the Waki Commission report. The meeting was being chaired by the Vice President, Kalonzo Musyoka. Apparently, she was angered and prompted to walk out when she adopted a stand that was at variance with her PNU colleagues. The overriding view, that has also been articulated by President Kibaki and the Vice President, is to shelf the Waki report, apparently for fear of a political fallout. This stand was also adopted by ODM MPs yesterday who have opposed the report as 'shallow', 'shoddy' and 'based on rumours'.
Martha Karua has previously been labeled the only man in PNU, in recognition of the role that she played in the negotiations that culminated in the signing of a cease-fire agreement between Kibaki and Raila. She was always at the forefront defending and articulating Kibaki's and PNUs position in the forum chaired by former United Nations Secretary General, Kofi Annan. During the negotiations, she easily became the face of PNU's harshest defender, even being labeled a 'hardliner' by the ODM negotiators. She fought hard for what PNU managed to get out of the negotiations.
The agreement resulted in the cessation of hostilities between Raila's supporters, mainly drawn from ODM, and Kibaki's supporters, drawn from PNU and ODM Kenya, led by Kalonzo Musyoka. The hostilities, which occured immediately after Kibaki was declared President after the December 2007 elections, had resulted in the death of over 2,000 persons and hundreds of thousands displaced from their homes into internally displaced persons (IDP) camps mainly in Rift Valley and Central Provinces. The agreement also ushered in the Grand Coalition through which the two sides formed the government (GCG) on a power sharing basis.
Martha Karua has never shied away from articulating her positions on any issue, whatever feathers it could raffle. Like the decision to take Narc Kenya, an affiliate party of PNU, out of the PNU after differences occurred on the issue of holding party elections later this year. She is gunning for the presidency, having declared her interest for the seat in 2012 elections, using NARC Kenya as her vehicle.
Now she has gone against the political tide and called for the full implementation of the Waki report. While a majority of politicians have trashed the report, she has chosen to stick her head against their stand. But she should take comfort in knowing that she is not alone. Opinion polls carried out by TV stations yesterday have shown that the public sentiment is for the implementation of the report. This blogger also is of the view that the report should be implemented.
Is she the messiah that Kenyans have been waiting for deliverance from tribal bondage? Only time will tell.
Martha Karua has previously been labeled the only man in PNU, in recognition of the role that she played in the negotiations that culminated in the signing of a cease-fire agreement between Kibaki and Raila. She was always at the forefront defending and articulating Kibaki's and PNUs position in the forum chaired by former United Nations Secretary General, Kofi Annan. During the negotiations, she easily became the face of PNU's harshest defender, even being labeled a 'hardliner' by the ODM negotiators. She fought hard for what PNU managed to get out of the negotiations.
The agreement resulted in the cessation of hostilities between Raila's supporters, mainly drawn from ODM, and Kibaki's supporters, drawn from PNU and ODM Kenya, led by Kalonzo Musyoka. The hostilities, which occured immediately after Kibaki was declared President after the December 2007 elections, had resulted in the death of over 2,000 persons and hundreds of thousands displaced from their homes into internally displaced persons (IDP) camps mainly in Rift Valley and Central Provinces. The agreement also ushered in the Grand Coalition through which the two sides formed the government (GCG) on a power sharing basis.
Martha Karua has never shied away from articulating her positions on any issue, whatever feathers it could raffle. Like the decision to take Narc Kenya, an affiliate party of PNU, out of the PNU after differences occurred on the issue of holding party elections later this year. She is gunning for the presidency, having declared her interest for the seat in 2012 elections, using NARC Kenya as her vehicle.
Now she has gone against the political tide and called for the full implementation of the Waki report. While a majority of politicians have trashed the report, she has chosen to stick her head against their stand. But she should take comfort in knowing that she is not alone. Opinion polls carried out by TV stations yesterday have shown that the public sentiment is for the implementation of the report. This blogger also is of the view that the report should be implemented.
Is she the messiah that Kenyans have been waiting for deliverance from tribal bondage? Only time will tell.
Thursday, October 30, 2008
Raila Makes an about-turn on Waki Report
Faced with a possible disintegration of his party,Orange Democratic Movement(ODM), Prime Minister Raila Odinga has made a 180-degrees about-turn on the Waki report on Kenya's December 2007 post-election violence. He has, within days, changed tune from 'full implementation' to trashing the Waki report as incompetent. According to the press conference after ODM held its Parliamentary Group (PG) meeting, the party has effectively disowned the Waki Commission report.
The move by Raila is not entirely surprising as those who have been keen to follow his career knew very well that this turn of events was inevitable. He has thrived mainly in avoiding adopting positions that are detrimental to his political career. This one is definitely a hot potato. With growing rebellion within ODM fraternity, mainly emanating from the Rift-Valley province block, he had very limited options. The forthcoming ODM elections were likely also in his radder and a fall-out at this point in time could lead to even a loss of the Prime Minister position.
Kenya is at cross-roads, as it has always been. Most of us were hoping that Raila will provide leadership on the Waki report issue and ensure that impunity is punished, once and for all. But that he chose to allow partisan interests to carry the day is really sad. Where i come from there is a saying that you should hit the rod when it is hot, as that is the only time you can manage to mould it to whatever shape you wish. The Waki report implementation is a golden opportunity to mould our country the way we want it to be run.
Now with President Kibaki calling for amnesty for post-election violence perpetrators and Raila changing his stance, it is unlikely that the names in the Waki and Kofi Annan envelope might never see the light of day. The two leaders' positions on this issue is slowly being taken by a majority of Members of Parliament (MPs) and therefore the necessary legislation to ensure the report's implementation might not get support in Parliament. The two gentlemen are also faced with a real threat that the implementation of the report might lead to the collapse of the Grand Coalition Government (GCG).
What options do we have now? With a civil society that is growing losing teeth by the day, our only hope might be the international community to exert pressure on both Kibaki and Raila to implement the report. Already the American and German ambassadors are trying to provide a soft landing to the perpetrators by suggesting that the list of ten need not be taken to the Hague and that the country can constitute a local tribunal to investigate and prosecute the crimes.
What Kenya needs urgently is a nationalist. A person who is prepared to sacrifice their political career to rescue us from the claws of impunity. Any takers out there? Please come forward and be counted.
The move by Raila is not entirely surprising as those who have been keen to follow his career knew very well that this turn of events was inevitable. He has thrived mainly in avoiding adopting positions that are detrimental to his political career. This one is definitely a hot potato. With growing rebellion within ODM fraternity, mainly emanating from the Rift-Valley province block, he had very limited options. The forthcoming ODM elections were likely also in his radder and a fall-out at this point in time could lead to even a loss of the Prime Minister position.
Kenya is at cross-roads, as it has always been. Most of us were hoping that Raila will provide leadership on the Waki report issue and ensure that impunity is punished, once and for all. But that he chose to allow partisan interests to carry the day is really sad. Where i come from there is a saying that you should hit the rod when it is hot, as that is the only time you can manage to mould it to whatever shape you wish. The Waki report implementation is a golden opportunity to mould our country the way we want it to be run.
Now with President Kibaki calling for amnesty for post-election violence perpetrators and Raila changing his stance, it is unlikely that the names in the Waki and Kofi Annan envelope might never see the light of day. The two leaders' positions on this issue is slowly being taken by a majority of Members of Parliament (MPs) and therefore the necessary legislation to ensure the report's implementation might not get support in Parliament. The two gentlemen are also faced with a real threat that the implementation of the report might lead to the collapse of the Grand Coalition Government (GCG).
What options do we have now? With a civil society that is growing losing teeth by the day, our only hope might be the international community to exert pressure on both Kibaki and Raila to implement the report. Already the American and German ambassadors are trying to provide a soft landing to the perpetrators by suggesting that the list of ten need not be taken to the Hague and that the country can constitute a local tribunal to investigate and prosecute the crimes.
What Kenya needs urgently is a nationalist. A person who is prepared to sacrifice their political career to rescue us from the claws of impunity. Any takers out there? Please come forward and be counted.
Saturday, October 25, 2008
Waki Commission Report should be implemented to the letter
Justice Philip Waki's commission of inquiry in Kenya's post-election violence (commonly known as CIPEV) has come up with clear evidence that key politicians, some of them in the Grand Coalition's cabinet, together with some moneyed businessmen were at the heart of planning and orchestration of the violence. This particular event is solely responsible for the loss of thousands of human lives, destruction of property and almost dispatching some of our cities to pre-historic times.
The inhuman aspect of this event is manifested in the presence of thousands of internally displaced persons (IDPs) in deplorable camps throughout Central and Rift Valley provinces. Thousands of people were forced to flee their homes on suspicion that they voted in a particular manner, the said suspicion being based on the ethnicity of the persons. Those who were slow to heed the quit notice were killed, some of them torched and burned in a church. Women were raped in full view of husbands and other close relatives. There are reports that oathing orgies widely attended by top politicians and other financiers, took place in the affected regions before the atrocities took place. The IDPs are yet to be fully relocated back to their homes. Despite the meager compensation being given out by the government as incentives to go back home, there are still fears of further reprisals from their neighbors.
On the economic front, the economic ruin is just beginning to register as recently the Kenya Revenue Authority (KRA) released revenue collection figures showing a shortfall of Ksh 9 billion in the first quarter (July-September 2008). Despite assurances by the authority, revenue collection projections for the 2008/9 period are unlikely to be met. The implication is that implementation of government projects is likely to halt due to lack of funds. On the other hand, the continued widening of the budget deficit is inevitable. Other effects of the post-election violence have been job losses as some of the companies whose property as destroyed have been unable to re-open for business, increased cost of doing business attributed to destruction of the Nairobi-Kisumu railway line, the weakening of the Kenya Shilling against the US Dollar making our imports, especially oil and equipment, more expensive.
These and many other effects has made the lives of ordinary Kenyans unbearable, adding to the misery that was already there. That a few individuals can cause this amount of damage to the country is an indicator of a country headed to the dogs. That is why the perpetrators of the post-election violence should not be let to go scot-free, as this will encourage the perpetuation of impunity in the (near) future. With all eyes focused on the 2012 elections, failure to take action is likely to lead to the same events repeating themselves.
That is why this blogger is advocating for the full implementation of the Waki report. Whether it is The Hague or other internationally constituted tribunal, those implicated, as a logical avenue, should face trial. But before that, anybody who is implicated in the report, directly or indirectly, should immediately do the honorable and immediately resign or be forced to quit their positions in the cabinet, parliament, civil service, etc because for the reasons given above, they are unfit to hold any public or other office.
As the country stands in a cross-road, the Waki recommendations, if fully carried out will be one way save our country from impunity. It is also a sure way for Kenyans to take back their country from a few power hungry politicians who would do anything to be 'leaders'.
It is important to note that impunity has been our main hindrance to attaining a new constitution as a few individuals have tried to hijack the process in the past. Once Kenyans take back their country we would be on a clear route to a new constitution. The people's constitution.
The inhuman aspect of this event is manifested in the presence of thousands of internally displaced persons (IDPs) in deplorable camps throughout Central and Rift Valley provinces. Thousands of people were forced to flee their homes on suspicion that they voted in a particular manner, the said suspicion being based on the ethnicity of the persons. Those who were slow to heed the quit notice were killed, some of them torched and burned in a church. Women were raped in full view of husbands and other close relatives. There are reports that oathing orgies widely attended by top politicians and other financiers, took place in the affected regions before the atrocities took place. The IDPs are yet to be fully relocated back to their homes. Despite the meager compensation being given out by the government as incentives to go back home, there are still fears of further reprisals from their neighbors.
On the economic front, the economic ruin is just beginning to register as recently the Kenya Revenue Authority (KRA) released revenue collection figures showing a shortfall of Ksh 9 billion in the first quarter (July-September 2008). Despite assurances by the authority, revenue collection projections for the 2008/9 period are unlikely to be met. The implication is that implementation of government projects is likely to halt due to lack of funds. On the other hand, the continued widening of the budget deficit is inevitable. Other effects of the post-election violence have been job losses as some of the companies whose property as destroyed have been unable to re-open for business, increased cost of doing business attributed to destruction of the Nairobi-Kisumu railway line, the weakening of the Kenya Shilling against the US Dollar making our imports, especially oil and equipment, more expensive.
These and many other effects has made the lives of ordinary Kenyans unbearable, adding to the misery that was already there. That a few individuals can cause this amount of damage to the country is an indicator of a country headed to the dogs. That is why the perpetrators of the post-election violence should not be let to go scot-free, as this will encourage the perpetuation of impunity in the (near) future. With all eyes focused on the 2012 elections, failure to take action is likely to lead to the same events repeating themselves.
That is why this blogger is advocating for the full implementation of the Waki report. Whether it is The Hague or other internationally constituted tribunal, those implicated, as a logical avenue, should face trial. But before that, anybody who is implicated in the report, directly or indirectly, should immediately do the honorable and immediately resign or be forced to quit their positions in the cabinet, parliament, civil service, etc because for the reasons given above, they are unfit to hold any public or other office.
As the country stands in a cross-road, the Waki recommendations, if fully carried out will be one way save our country from impunity. It is also a sure way for Kenyans to take back their country from a few power hungry politicians who would do anything to be 'leaders'.
It is important to note that impunity has been our main hindrance to attaining a new constitution as a few individuals have tried to hijack the process in the past. Once Kenyans take back their country we would be on a clear route to a new constitution. The people's constitution.
Thursday, September 11, 2008
Why Kenyans Deserve The Leaders They Have
Mr. Mutua (not his real name) is a miserable man. Not that life has always been like this for him. Actually, up until late last year, he was manager of a leading restaurant in the city. But towards last year’s election, he got roped in political campaigns of a leading politician who was seeking the presidency. As a result it was impossible for him to, as it were, continue serving two masters. He was summarily dismissed from his restaurant position for negligence of duty. Asked about why he preferred to join the politician’s campaign rather than concentrate on his job, he boasted about his closeness to the politician and that he had been promised a ‘better’ job since according to him the politician will be the next president. To prove just how close he was to the politician, he demonstrated his family’s linealogy and how it was linked to the politician’s. He would boast whenever he received direct instructions from the politician or his aides to run this or that errand. He never missed any fund raising meeting, even though he wasn’t contributing anything. To be associated with anything related to the politician was all he needed. Of course the promised ‘better’ job never materialized. And the politician stopped picking his calls immediately after the elections.
This story is perhaps replicated all over the political landscape. The cycle is often repeated every five years. But just what is it that makes right thinking Kenyans to forsake their everything for the politicians is a riddle with few takers. The adage that a politician is never to be trusted most often than not falls on deaf ears. Meanwhile the politicians have gone ahead and exploited this sycophancy to the maximum. The targets are used and then dumped once they become irrelevant to the politician’s ‘strategy’.
Looked at in a wider scale, these are the same tactics our politicians have fine tuned to rob us of our votes. Every five years they go to the electorate with new promises without accounting for how far they have accomplished the earlier ones promised. Once they invoke the ‘this is our time’ cliché then everybody goes into a stupor until after the elections when they realize they were robbed dry in broad daylight.
What normally amazes me is our collective willingness to be lied to, misused and forgotten. Then we go ahead and treat the same politicians like deity. Whenever we see them driving around in the constituency (when they feel like an outing) in their fuel guzzlers while we can ill afford any meal of the day, we still form columns along the road to welcome them in ululating frenzy. We are then dazed at their smooth words promising heaven while at the same time castigating real and imagined enemies of ‘development’. Try to voice any form of disapproval of the politician and you will be lynched by the ‘supporters’.
It is this kind of behavior that has made the politicians take us for granted. They do not have to account for their term in office and yet we will be willing to listen and applaud to whatever they say to us. In some extremes we have cases where we have cultivated cult personalities of some of our leaders, on whose behalf we are even willing to kill or die in their defense. In this quest we fail to question their conduct in both public and personal affairs. And we are ready to defend them whenever accusations of misconduct or corruption are leveled against them. Then many a political careers are nipped in the bud because we are so blind as to accept alternative leadership.
We surely deserve the leaders we get.
Friday, August 29, 2008
Raila: Parliament Stands In The Way For New Constitution
Parliament could be the biggest impediment in realizing a new constitution according to
The concerns raised by the Prime Minister are valid given the background of what has been transpiring in Parliament recently. This is in addition to serious divisions between Orange Democratic Movement (ODM) and Party of National Unity (PNU) differences brought to the fore during the post-election crisis occasioned by disputed election results.
Of serious concern is the clamor by some MPs, who felt slighted after they failed to get plum ministerial appointments when the national accord was signed between Raila’s ODM and President Kibaki’s PNU culminating in the Grand Coalition Government. This group of MPs led by first time legislator Ababu Namwamba and Cyrus Jirongo are pushing for recognition of a parliamentary opposition and have gone ahead to publish a bill to this effect.
While the group has been receiving support from some PNU ministers, the move has been categorically opposed by the ODM leaders, led by the Prime Minister. But in actual sense the fear of this parliamentary opposition runs through both sides of government. The fear is that the opposition, if allowed, could paralyze government operations by making it hard for parliament to pass crucial bills. That is why there are threats to ‘expel’ the MPs if they continue to clamor for recognition as opposition. The threats include invoking parliamentary standing orders which forbid an MP elected by one party from declaring support for another party. Essentially, the MP is deemed to have ‘defected’ and is therefore required to resign from parliament and seek fresh mandate from his/her constituency.What is at stake is that the new bills commit the government to delivering a new constitution within 12 months after the bills are passed by parliament. Whatever the outcome of the clamor for opposition recognition, there are serious fears that these differences could extent to the Parliamentary Select Committee if these MPs are able to marshal enough numbers into the committee, with a potential of derailing the constitution review process. This could in effect seriously undermine the efforts of the coalition government to realise a new constitution, signaling a failure by GCG. In other words, Kibaki will have failed to leave the legacy of a new constitution while Raila’s reform credentials will come into focus.
This is what is at stake.
Tuesday, August 12, 2008
The Constitution Kenyans Want
Ladies and Gentlemen,
Recent pronouncements by politicians on both sides of the Kenyan coalition government has thrown the constitution debate into a fresh spin. While everyone agrees that there is a need for a new constitution to address past governance inadequacies and provide a modern goverance framework, a time-table as to how and when we will have a new constitution has not been forthcoming from our political leadership. Listening to both Deputy Prime Ministers Mudavadi and Uhuru recently, the debate has been reduced to political shadow boxing and contests as to which side is 'more' serious with the implementation of a new constitution.
But i will surprise you today. None in the political class is keen on implementing a new constitution. The current constitution provides 'real' power to the executive arm of the government and any politician or aspiring politician salivates at the prospect of execising such powers. Winning the presidency under the current constitution is the trophy every politician seeks to bag. That is why i promise you that we are in for a long ride.
A new constitution will be a major coup for the majority of Kenyans. It is envisaged that a new constitution will transfer power of governance from the political elite to the normal wananchi (citizens). The question i have been asking myself is whether there is a way for the us as citizens to come up with our own draft constitution and then prevail upon the government to adopt it.
The purpose of this blog is to invite fellow Kenyans and wellwishers to contribute ideas that we can use to draft a new constitution. The politicians have deliberately slowed down this process and it will be dangerous for us to continue waiting for them. I will not be surprised if we go for the 2012 elections with the current constitution.
But first i think we start with what we have and what we know. We don't need to reinvent the wheel. We have the Bomas draft and also Naivasha/Kilifi drafts. We know that both drafts are acceptable to most people to the extent of around 80%. Our work here will be to identify the 20% in both drafts that is acceptable by some people and not acceptable by others. Using this process, we will be able to merge both drafts and come up with one that is acceptable by the majority of Kenyans.
My suggestion is that we start with either of the drafts, publish the contents of each chapter, we debate the contents of the chapter for around one week, then i will publish what has been agreed by the majority of contributors as the final content of the chapter. Once we complete one draft we move to the next, but chapters tackled in the previous draft are not debated again. After completing debate on both, we will then move to possible ommissions from both drafts. We will then be in a position to do our final draft.
What do you think?
Recent pronouncements by politicians on both sides of the Kenyan coalition government has thrown the constitution debate into a fresh spin. While everyone agrees that there is a need for a new constitution to address past governance inadequacies and provide a modern goverance framework, a time-table as to how and when we will have a new constitution has not been forthcoming from our political leadership. Listening to both Deputy Prime Ministers Mudavadi and Uhuru recently, the debate has been reduced to political shadow boxing and contests as to which side is 'more' serious with the implementation of a new constitution.
But i will surprise you today. None in the political class is keen on implementing a new constitution. The current constitution provides 'real' power to the executive arm of the government and any politician or aspiring politician salivates at the prospect of execising such powers. Winning the presidency under the current constitution is the trophy every politician seeks to bag. That is why i promise you that we are in for a long ride.
A new constitution will be a major coup for the majority of Kenyans. It is envisaged that a new constitution will transfer power of governance from the political elite to the normal wananchi (citizens). The question i have been asking myself is whether there is a way for the us as citizens to come up with our own draft constitution and then prevail upon the government to adopt it.
The purpose of this blog is to invite fellow Kenyans and wellwishers to contribute ideas that we can use to draft a new constitution. The politicians have deliberately slowed down this process and it will be dangerous for us to continue waiting for them. I will not be surprised if we go for the 2012 elections with the current constitution.
But first i think we start with what we have and what we know. We don't need to reinvent the wheel. We have the Bomas draft and also Naivasha/Kilifi drafts. We know that both drafts are acceptable to most people to the extent of around 80%. Our work here will be to identify the 20% in both drafts that is acceptable by some people and not acceptable by others. Using this process, we will be able to merge both drafts and come up with one that is acceptable by the majority of Kenyans.
My suggestion is that we start with either of the drafts, publish the contents of each chapter, we debate the contents of the chapter for around one week, then i will publish what has been agreed by the majority of contributors as the final content of the chapter. Once we complete one draft we move to the next, but chapters tackled in the previous draft are not debated again. After completing debate on both, we will then move to possible ommissions from both drafts. We will then be in a position to do our final draft.
What do you think?
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