The Kibaki Supremacists Could Kill The Deal

[adongo23456]

By Adongo Ogony

There was a strange press conference today that is going to have ramifications across the political landscape. Francis Muthaura and Alfred Mutua held a press conference ostensibly to clarify the Peace Accord signed by Kibaki and Raila and to explain how the power arrangement will work in government and the public service.

www.nationmedia.com/dailynation/nmgcontententry.asp?category_id=1&newsid=118702

Leaving the controversial contents of their press release aside for a second, one cannot think of two people most ill suited to be explaining to Kenyans how the peace accord will work. Both gentlemen are known to be the vilest of the Kibaki hawks that persistently ridiculed the peace talks and hated it with passion. That the Kibaki government would give these two people the task of explaining how the accord will work is scandalous enough.

In fact Muthaura is credited with being one of the primary warriors in the futile five year war against one, Raila Amolo Odinga which to a very large extent was driven by petty tribalism. These relics of the past need to give Kenyans a break.

My first advice to both Kibaki and Raila is that they should get a team of credible people to be the official spokespersons on matters related to the accord. Both teams can recommend one person. The country needs to be spared the often toxic antics of the Muthauras and Mutuas. These people stood helpless when the country was burning and someone like Mutua is notorious for issuing obscene statements against the ODM.

It is not the business of Francis Muthaura to tell Kenyans what the Accord is all about. Those who signed it, namely president Kibaki and Raila Odinga can talk to Kenyans if they feel something needs to be explained.

The one thing that could really endanger this deal is the revival of the politics of so and so is protecting the president. Martha Karua started to the ball rolling when she addressed a gathering in Nyeri and took it upon herself to tell Kenyans what the Accord is all about and specifically brought out the issue of hierarchy in the order of government and matters like who will chair cabinet meetings etc. Kenyans really don’t care who chairs the cabinet meetings as long as the cabinet is doing its work. These things are not important but they have the potential to start planting the seeds of discord and distrust between communities and political parties.

It seems there is a group of Kibaki political supporters out there, particularly those who opposed the Peace Talks who feel that it is their job to make Raila look small and inconsequential in the order of government. Their message to their base supporter seems to be “don’t worry, we only gave him a few bones to chew, we still have all the powers”. That may be a figment of their imagination, but I am not so sure they are helping anybody, least of all their supporters by inciting these petty rivalries and a false hierarchy.

When Muthuara comes up and says according to the deal the PM, in this case Raila Odinga is number three in the order of governance he pretty much destroys everything these folks worked so hard to achieve. First of all nobody cares about the hierarchy. Secondly Kenya has never had a president and a PM at the same time. Let parliament work out the lineage without unnecessary uchochezi that could very well turn the ODM supporters against the deal. Kenyans have been told that the deal provides for 50:50 power sharing between ODM and PNU. That means the two are equal partners in the deal. How then do you share power with your number three assistant?

Who is Muthaura to tell Kenyans what the PM's job will be? Who told him that the PM's job is to form committees and all that nonsense? What part of supervising does Muthaura not understand. In fact once the deal is signed Muthaura's current duties will be taken over by the PM's office. Is that the reason he is panicking?

Both Martha Karua and Muthaura also insist the PM is answerable to the president. What exactly to they mean? What Kenyans have been told is that the PM can only be removed from office by parliament. Doesn’t that make the PM answerable to parliament? In fact I support Harun Mwau that given the endless mischief of these Kibaki allied M.P’s the PM’s office should be secured in bunge with a requirement to have the holder of the office removed by two thirds majority.

My thinking is that both the ODM and PNU supporters in and outside parliament should quit this toxic debate of who has more powers than the other, who won and who lost in the deal etc. Both offices have different powers and responsibilities. Let us judge them one year from now on the basis of what they have done with those powers and stop this silly school yard contest of who is more important than the other. They are both important and we need their cooperation to move forward.

Then there is the issue of cabinet appointments. Both sides have been reported to be making claims for this or that ministry. According to Martha Karua all that is nonsense because in her dream world Kibaki will appoint people as he chooses. The ODM has disowned a media report that they have demanded certain portfolios. Why all these heka heka about ministries? Shouldn't each ministry serve all Kenyans equally regardless of who holds it? What the deal says is that there should be a portfolio balance. To their credit the two sides have set up a committee to work things out. Leave those people to do their job and let the two principals after receiving the recommendations sit together and make the final decision.

It the PNU wants to have a fight about who from their team should be appointed a deputy PM, that is their right but they have no business stirring up fights and controversies about the National Accord. Everything there is spelled in very plain language even a lay person like me can read and understand very well.

The scary thing here is that all the tell tell signs of the things that destroyed the original Narc are cropping up again. It all started with cabinet appointments when the D.P chauvinists hijacked State House as soon as Kibaki was sworn in, blocked everybody else out and manipulated lists and agreements they had made with LDP. That led to five years of fighting, a failed attempt to impose a constitution on Kenyans and finally the showdown that shook the country to its roots. If there are any indications however slight that we might go that route again, Kenyans should denounce it vigorously. We do not need Kofi Annan to do everything for us.

The final issue I see that could lead to problems is the issue of prosecuting perpetrators of violence in the electoral aftermath. Martha Karua announced the other day that their will be no amnesty for those involved in criminal activities following the fraudulent elections. I agree with her. Impunity is what has led us to where we are now.

However it seems to the Karuas of Kenya the only electoral violence meriting investigation and prosecution is what happened in the Rift Valley. It matters little to them that hundreds of innocent Kenyans were shot by police and allied militias in Kisumu, in Kakamega, in Kibera, in Mathare etc. It matters little to them that Mungiki thugs burned people alive in Naivasha and beheaded many Kenyans in some parts of Central Kenya and Nairobi. Nobody seems to be interested in investigating that angle of the violence. Instead Mungiki is holding rallies in Nairobi demanding the release of their leader. This after news has surfaced that Mungiki leaders held meetings at State to plan and execute ethnic violence after the elections. When are we going to set up a judicial inquiry into state violence and murder of Kenyans in opposition zones.

My point here is that once again we see the same things that ruined the war on corruption after the 2002 elections. The government started very well after the elections setting up the Goldenberg Inquiry, The Ndung’u Inquiry and the Cowboy contractors etc. Within one year the whole thing turned into a charade. The Kibaki government itself soon got entangled in mega corruption starting with the Anglo Leasing fiasco. After that the country descended into selective investigations. When the Ndung’u report was released Muthaura only saw one case worth investigating namely the Molasses land issue. The hundreds if not thousands of other cases were simply ignored. In fact it became a circus whereby every time the government had problems with Raila they will dust up the Ndug’u file and talk nonsense. In the end nobody bothers with talk about fighting corruption anymore and Justice Ringera is comfortably enjoying his 2.5 million bucks a month without any worries. Githongo was eventually exiled and the thieves in high places have lived happily since then.

Now if we bring the same stupidity of selective justice in dealing with this very sensitive and emotional issue of investigating perpetrators of violence and crime after the elections we might as well kiss the Annan deal bye. Kenyans will not accept lopsided investigations. In fact it is an extremely dangerous thing to do. Apply the law uniformly and let all communities understand that people who commit crimes in their names are not helping them. When Kenyans see five thousand Mungikis having fun in Nairobi and they see the police chasing some people here and there it confirms their worst fears.

Let us not forget that at the core of our problem is the perception by many Kenyan communities that the Kibaki government was and probably still is essentially a Kikuyu government whose primary duty is to serve and protect the Kikuyus. Of course that is not the case but if this so called alliance is to succeed, they have to create awareness that the government will serve all Kenyans and all communities equally.

There is not need for people like Martha Karua etc to run to Nyeri every weekend to re-assure the Kikuyus that Kibaki is king. Go to Nyanza, Western and Rift Valley Provinces among others and try to convince them that Kibaki is their president too and he will serve them.

This deal is about making Kibaki acceptable as the president of the whole country and Raila as the PM of the whole country and that both will work together to serve the country. Let the politicians not ruin it with petty rivalries and good old tribalism. That is how they dragged the country down in the gutters. If they screw up again, this time their will be no Kofi Annan to save their behinds. Kenyans are sick and tired of the power games, please wanasiasa take a break for only one year.

There is something people like Muthaura need to understand very clearly. The Coalition government being created by the Accord is a brand new government. It is not a continuation of the Kibaki government that they tried to smuggle into office in that shameful swearing in ceremony at dusk. In that case even issues about appointments in public service will have to be done in the same spirit.

While I am opposed to messing up the civil service to suit political whims of the day, it is a lie for someone like Muthaura to tell Kenyans they will keep all their appointments in high offices to avoid politicizing the civil service. That is crap. It is like Moi telling Kibaki n 2002 not to change the chief exectutives of in the civil service.

Let me hope that Kibaki will find it necessary to speak to Kenyans directly and stop sending all these proxies to muddy the waters and cause unnecessary tension in the country. We have been through that route before.

Both these amigos need to be straight and honest with Kenyans. Watching Golf together and giving Raila all those cars and escort may be good optics for them, but Kenyans need a good government from them and would care less for the optics.

One good thing about all these is that now it is clear that parliament must clearly define the duties and responsibilites of the PM's office and have it enshrined in the constitution so that the busy bodies can find something else to do. This is not the MoU they trashed with their chauvinism. This is an internationally negotiated deal and if they don't want it Kibaki can say so himself. The deal actually provides that either party can withdraw if they don't like it. Lets stop this nonsense of people who don't like the deal trying to renogotiate its contents after the fact. This is a 50:50 power sharing deal. Take it or leave it.

[denno]

May be Kamale was not wrong after all:
www.nationmedia.com/dailynation/nmgcontententry.asp?category_id=1&newsid=118702

[nereah]

URGENT

Can someone please publish the content of the document that Raila,Kibaki,Annan and Kikwete signed outside Harambee Hse?

[adongo23456]

nereah said:

URGENT

Can someone please publish the content of the document that Raila,Kibaki,Annan and Kikwete signed outside Harambee Hse?

Here is the full text of the agreement:


ACTING TOGETHER FOR KENYA: AGREEMENT ON THE PRINCIPLES OF PARTNERSHIP OF THE COALITION GOVERNMENT.


Preamble:

The crisis triggered by the 2007 disputed presidential election has brought to the surface deep-seated and long-standing divisions within Kenyan society. If left unaddressed, these divisions threaten the very existence of Kenya as a unified country. The Kenyan people are now looking to their leaders to ensure that their country will not be lost.

Given the current situation, neither side can realistically govern the country without the other. There must be real power-sharing to move the country forward and begin the healing and reconciliation process.

With this agreement, we are stepping forward together, as political leaders, to overcome the current crisis and to set the country on a new path. As partners in a coalition government, we commit ourselves to work together in good faith as true partners, through constant consultation and willingness to compromise.

This agreement is designed to create an environment conducive to such a partnership and to build mutual trust and confidence. It is not about creating positions that reward individuals. It seeks to enable Kenya's political leaders to look beyond partisan considerations with a view to promoting the greater interests of the nation as a whole. It provides the means to implement a coherent and far-reaching reform agenda, to address the fundamental root causes of recurrent conflict, and to create a better, more secure, more prosperous Kenya for all.

To resolve the political crisis, and in the spirit of coalition and partnership, we have agreed to enact the National Accord and Reconciliation Act 2008, whose provisions have been agreed upon in their entirety by the parties hereto and a draft copy is appended hereto.


Its key points are:

* There will be a Prime Minister of the Government of Kenya, with authority to coordinate and supervise the execution of the functions and affairs of the Government of Kenya.

* The Prime Minister will be an elected member of the National Assembly and the parliamentary leader of the largest party in the National Assembly, or of a coalition, if the largest party does not command a majority.

* Each member of the coalition shall nominate one person from the National Assembly to be appointed a Deputy Prime Minister.

* The Cabinet will consist of the President, the Vice-President, the Prime Minister, the two Deputy Prime Ministers and the other Ministers. The removal of any Minister of the coalition will be subject to consultation and concurrence in writing by the leaders.

* The Prime Minister and Deputy Prime Ministers can only be removed if the National Assembly passes a motion of no confidence with a majority vote.

* The composition of the coalition government will at all times take into account the principle of portfolio balance and will reflect their relative parliamentary strength.

* The coalition will be dissolved if the Tenth Parliament is dissolved; or if the parties agree in writing; or if one coalition partner withdraws from the coalition.

* The National Accord and Reconciliation Act shall be entrenched in the Constitution.


Having agreed on the critical issues above, we will now take this process to Parliament. It will be convened at the earliest moment to enact these agreements. This will be in the form of an Act of Parliament and the necessary amendment to the Constitution.

We believe by these steps we can together in the spirit of partnership bring peace and prosperity back to the people of Kenya who so richly deserve it.

[wakwitu]

One good thing about all these is that now it is clear that parliament must clearly define the duties and responsibilites of the PM's office and have it enshrined in the constitution so that the busy bodies can find something else to do. This is not the MoU they trashed with their chauvinism. This is an internationally negotiated deal and if they don't want it Kibaki can say so himself. The deal actually provides that either party can withdraw if they don't like it. Lets stop this nonsense of people who don't like the deal trying to renogotiate its contents after the fact. This is a 50:50 power sharing deal. Take it or leave it.

We will wait until tomorrow to see how the parliament entrenches the agreement into the constitution. It seems ridiculous that you would have a PM who runs the government and then have a separate leader of the government.

My read is that Karua and her ilk are bent on derailing this agreement but hawataweza or else this time the country will swallow them.

I also think this is partly a reaction to how active Raila has been and the public prominence he has received. Kibaki has been Kibaki - out of sight for the most part. There must be a worry that Raila will dominate the public imagination and be seen as more powerful.

[politicalmaniac]

jukwaa.proboards58.com/index.cgi?board=general&action=display&thread=1204146487

But as Fredrick Douglas said, "Power concedes nothing without a fight".
True to the MKM culture, they dont play fair, and are determinded to belittle R at every turn and corner.

But they are cornered.
The status quo wont hold for long

And please dont tell me that kegs de othaya was not in this pronouncement. Is this a trial balloon of sorts?
Is this a ploy by generali kegs, a card that he is playing under the table while when with R he is smiling and talking nice.

For a man third on the totem pole, R has drawn a lot of attention.
We shall see.

[theanarchomugikuyu]

adongo,

The final issue I see that could lead to problems is the issue of prosecuting perpetrators of violence in the electoral aftermath. Martha Karua announced the other day that their[sic] will be no amnesty for those involved in criminal activities following the fraudulent elections. I agree with her. Impunity is what has led us to where we are now.

However it seems to the Karuas of Kenya the only electoral violence meriting investigation and prosecution is what happened in the Rift Valley. It matters little to them that hundreds of innocent Kenyans were shot by police and allied militias in Kisumu, in Kakamega, in Kibera, in Mathare etc. It matters little to them that Mungiki thugs burned people alive in Naivasha and beheaded many Kenyans in some parts of Central Kenya and Nairobi. Nobody seems to be interested in investigating that angle of the violence. Instead Mungiki is holding rallies in Nairobi demanding the release of their leader. This after news has surfaced that Mungiki leaders held meetings at State to plan and execute ethnic violence after the elections. When are we going to set up a judicial inquiry into state violence and murder of Kenyans in opposition zones.

An emphasis on the Rift Valley violence is, frankly, entirely defensible. The bulk of recorded deaths, property damage, and displacements occurred in the Rift; that alone would justify heightened scrutiny. Nor have the murders and arson ceased: there have been fresh outbreaks in Kericho and Laikipia within the last five days. To suggest, as you do, that special attention to the Rift is unjustified is to ignore plain facts.

It would be nice if you showed how you'd arrived at the conclusion that Martha Karua is intent on prosecuting only those who committed vile acts in the Rift Valley, or that she does not care about police brutality in urban areas. I can’t recall any public statement of hers which would support that interpretation – no doubt you will quickly enlighten us by exhibiting the evidence for your charge.

It is also slightly annoying of you to argue from the purported toleration of the Mungiki rally to the claim that no-one is interested in arresting its leaders, for the claim is false: the protesters were charged and dispersed, and their leader, one can’t help but note, remains in jail. Further, the suspect in the Kisumu shooting, the suspects in the murders of Mugabe Were and David K Too, and the members of Nakitare’s private milita are all in jail or gave been charged. By contrast, the entire ODM pentagon, or so it appeared, called for the release of Jackson Kibor – a man recorded on tape soliciting the murder of Kikuyus. Given these facts, it is difficult to see how you can claim with a straight face that prosecutions have been selective. One hopes the lapse in good sense is only temporary.

[adongo23456]

PM

I am sure Kibaki was very well aware of the press conference by Muthaura. That is how the guy operates. This is what he did in 2003 and everybody was busy blaming Kiraitu, Murungaru and this fool Muthaura who by the way is a very nasty tribalist. Muthaura technically runs the government for Kibaki and he knows all the tricks in the books.

If you notice, his main emphasis is that the PM will form inte-ministerial committees etc. He pretty much tried to develop a job description for the office. That is what PNU wants to bring in parliament and their strategy is to state them as given facts. The foolishness with these characters is that just by holding this press conference and trying to undermine the spirit of the deal he has pretty much revived the political hostility we had before the deal was signed. What we will see are the PNU M.P's supporting the Muthaura version.

Kenyan politics always takes a lunatic bend on weekends when the folks go back to the villages and the night meetings go to overtime at State House. We should declare the country a seven working day week kind of country.

The one thing that has been getting PNU folks in charge crazy is the fact that the PM will supervise the cabinet. Part of all these battles have been to horde not only power but information as well. Kimunya must be pissing in his pants that a PM and someone will have access to all his dealings and transactions and be privy to everything going on and has happened before. There is a lot of dirt some people need to hide. They have been trying to circumvent that predicament but they will not succeed. Parliament is going to require the PM to report on all cabinet activities. That is what is chewing these people. The ministers are still answerable to the president by the PM is going to be their life line in bunge. In fact the way things are structured the PM can do more damage to corrupt and incompetent cabinet ministers even more than the president can do. So that is the problem number one. They know they can't go around it.

The we have the business of Leader of Government Business. That is Kalonzo's docket and he will love to keep it. In reality it is a useless position. In fact in the Wako Draft that is the only duty they wanted the PM to do. A Leader of Government Business in the house is the Chair of the House Committee which helps to set up the priority of items to be discussed in parliament. By and large those priorities are already determined by the cabinet at the Cabinet meetings. The only time the Leader of government business becomes handy is if there are items from private members that the government does not want discussed and they will ask the LGB and the House Committee to push them back. With the kind of parliament we have this time around that is going to be very hard because members of the committee have a say on those items. Being the LGB has zero executive responsibilities and in fact I think there is nothing wrong for the ODM to show a little generosity and leave that position with the V.P. It is primarily just a title. In reality whoever is the LGB will have to work with the PM to ensure that the government's agenda in bunge is in sync. So I don't care much for this LGB thing but for Kalonzo it means a lot. The man needs at least some kind of title so that people like Kalembe Ndilel do not make fun of him.

But yes, this was not a smart move by Kibaki. Right now the only person who should be talking about these issues is the Attorney General who will explain whatever they have drafted to M.P's in bunge. This ill times announcement is going to ensure that all the M.Ps particularly those on the ODM side are going to comb the Drafted Bill with a tooth pick.

But we should expect all these things. I have been wondering about all that rushed up allocation of cars, escort and the general happy mood, now I can see where that was coming from. You know it is Muthaura who sets these things up. It seems he wanted to bamboozle Raila with all that stuff while sneaking some dirt under the carpet. Not so fast.

The last issue for Muthaura and co is to assure all their political appointees in the institutions like KRA, the PS's etc that they are safe and nothing will happen to them. In fact Muthaura says the deal says nothing about that. It doesn't have to. It reminds me when Mutua said at the beginning of the crisis that there is no need for negotiations because Kenya had not reached the Somali state of chaos. Muthaura is saying they will need Annan to come back and negotiate obvious things for them. That is nuts.

adongo

[politicalmaniac]

Here is the obstructionist giving his press conference

www.ktnkenya.tv/mod.php?topic=19&style=news&ud=0

AO
You have summarized it well, upto and including Martha intention to selectively prosecute the killers of innocent during the post election violence.

Also there is a big disconnect between Rs public profile and Muthaura third tier assignment for him interms of rank.

[politicalmaniac]

OK So basically what these PNUists want to do is to provoke the public then blame the violence on ODM supporters and the pull out of the deal?

Its not a Funny thing that these folks never learn. At every turn wether its was about MoU or Bomas or PSC chairmanship they may have worn the battle but lost the war itself.

Its official now.
These folks CANT be trusted.
Its so tempting to call out for secession just for the sake of peace.
Its obvoius they have no sense of neighbourliness at all. Its about them all the time.
Damm them!

[wakwitu]

There is a pattern to how pnu has been dragged shouting and screaming to the changes that have taken place.

- They said they did not invite any mediation - Kenya was not Somalia
Result: Mediation team came

- They said it was dialogue and not mediation
Result: Mediation started in earnest

- They would only think of changes within the current constitution
Result: Constitution has to be amended

They said: Even if amended, the PM post is unnecessary, woud lead to centers of power
Result: PM post created

- PM ok but not executive
Result: PM executive

- Now: PM answers to President, and is after the VP, and no sharing of posts
Result: Well expect the trend to hold - the opposite is bound to happen

[gulavi]

BOY OH BOY!!! The Ink is not yet even dried and here comes www.eastandard.net/news/?id=1143983122&cid=4

They have the Central population under the yorks of propaganda. It goes,If the the nyuba looses Power the rest of kenyans will send you to siberia, They are jealousy you are hard working and are rich, they hate you because of your dedicated hard work. Believe me the mmm plastic surgery architect still works here too. It stopped working among the other folks who do mmm plastic surgery traditionally. The luhyas, Kissis, kalenjins, masais, dont buy that trash any more. The kikuyu Elite is Rich and extreemely manipulative, fortunately they are growing old now, but like an old lion, it becomes more dangerous and careless in its hunting skills, martha and kimunya are the young ones to take over. Unfortunately they have the central population totally manipulated on the propaganda, not an easy issue when it comes to changing their minds on these propaganda, its thouroughly swallowed, add intimidation and even murder. This makes it an uphill to change this country.
I think they are still plotting to cheat and grab in the open even with the international community looking, Some are ready to take this thing as far as possible, they are mad with what kibaki signed. well lets see what comes in the few days to come as power slips from their rotten ,Rabid,mouths. Should ODM blink, these dogs will bite and bite very hard, believe me, they have it in plan B even C, Raila and company must be aware that a bullet for their heads is in full gear, close your eyes for a second and it will be unleashed any moment. You already buried so many.
Just when the whole country had breathed a sigh of relief. Remember there are so many ways to kill a rat, they will use any.

The struggle continues

Ongalo Makokha

[Titchaz]

Wacha hawa vigunge wafanye matani na hii kitu and they will see Kenya burn so quick that they
wont even be able to say PNU.I believe these folks are like puppets on a string na kuna mtu huko nyuma pulling them.Violence has not subsided in the country na these guys come with these inflammatory statements seeking to undermine RO's position.The agreement calls for an executive PM who is answerable to parliament...what is so hard to understand there? Ama ni ubishi for the sake of ubishi?..In Tanzania there is folklore about this one tribe that likes arguing for the sake of it...wanabishana mpaka na mabehewa ya gari la moshi.That is where folks like Martha Karua na huyu Muthaura belong.
Lets wait for Parliament to engrain this thing in the Constitution alafu tusikie hio "makerere" yao.Tskkk!!...they stink of Agikuyu Nationalism and its not going anywhere.Kenyans in 2007 said its enuff na kama mbaya mbaya na liwe liwalo!!!

[adongo23456]

Yes

PM

This was a dumb move by Kibaki and his cohorts. The specifics of the bill have already been published. Parliament will debate them within the next week or so. There is nothing to be gained by throwing spanners in the works. Muthaura did not write the bills which will be debated in parliament. He will not vote for or against them. There is nothing to be gained by provoking bitter arguments which will not help PNU. Kenyan leaders are obsessed with hierarchy. It doesn't matter in this case.

When Muthaura says the PM cannot supervise the V.P, that is fine, just make sure you do not give him any ministries to run. If the V.P will be in charge of any ministry, his or her work in that capacity will be subject to supervision just like any other. The payukaring here is that someone like Kalonzo needs to feel important and be seen as a possible heir to the throne. It is the same succession nonsense that has controlled our politics for years as people speculate whether Kibaki is healthy enough to survive a full term. The question is even made worse by the fact that this is Kibaki's last term and with Raila as a high profile national leader will overshadow all the others and almost run as incumbent in the next election.

In theory the V.P is Kibaki's second in command. In reality that is only important if Kibaki dies in office. It is sad to say but Kalonzo's best shot depends on Kibaki dying in office. If the old man makes it through a V.P becomes a very a thankless position. So one can see that angle of PNU still trying to use Kalonzo by telling him he has to fight for some powers and be above the PM to keep a high profile.

theanarchomugikuyu

While everybody knows that most of the destruction of property happened in the Rift Valley I don't know where you get the statistics that most or "recorded deaths" took place in Rift Valley. It would be nice if you can share that information. Personally I don't know where the 1,500 deaths came from.

My point is that even death is not acceptable. It is laughable and I think quite insulting to the victims of police murders and brutality after the elections to say that something is being done because one GSU officer who was caught live on video executing fleeing protesters has been charged. Are you suggesting that Kenyans should have video records of all acts of police murders if they expect them to be prosecuted?

Maina Kiai and KNCHR officials visited the Kisumu mortuaries and counted close to a hundred bodies most of whom were shot from the back. That evidence was backed by medical personnel and survivors. To date I haven't heard a single word of commitment form the Karuas etc indicating they intend to pursue perpetrators of state violence. The loud silence on the matter speaks volumes so we do not need to wait for Martha and co to actually tell is they don't give a hoot about those killed in the opposition zones by state agents and by Mungiki. We know they don't.

One can appreciate the difficulty the government has of actually admitting they killed people or even that they intend to prosecute the same people they ordered to go and kill others. The least they should do and we are going to fight tooth and nail for it, is to set an independent judicial committee to examine all cases and reports of police and state violence against the citizens after the elections. The police cannot investigate themselves. We know that. We also do not expect the same people who issued shoot to kill orders for specific communities and groups to investigate the same. Those people were only doing what Michuki and co asked them to do.

My point here is that the government is going to blow up the whole issue of prosecuting the perpetrators of violence once they politicize and tribalize it like they have done everything else since 2002. Let's hope that the Coalition government will adopt a different strategy. The moment Kenyans get convinced that some lives are more valuable to the government than others it will make it very easy for perpetrators to run for and get support from their communities. That is why I think selective justice will not serve anybody.

We all have to agree that a lot harm has been done to a lot of Kenyans and each and everyone of them deserves justice. We cannot afford the hierarchy of victimhood, where some victims are perceived to be more important than others. We saw that during the evacuations when the ODM had to hire buses to ferry Luos and Luhyas fleeing from Central Province. It was as if those folks were not Kenyans and were therefore not the responsibility of Kibaki who had declared himself the president and formed a government. These are the things killing our country and we should address them in all their manifestations.


adongo

[einstein]

denno said:

May be Kamale was not wrong after all:
www.nationmedia.com/dailynation/nmgcontententry.asp?category_id=1&newsid=118702

Denno,

No, Kamale is never wrong in the first place! I know, I'm always at loggerheads with Kamale on various issues so much so that he has even decided to ignore my responses to his posts all together!

But that notwithstanding, leave one thing to the good man; he perfectly knows what he is talking about! And at this point, I beg to theorise a bit and I hope OO will not throw me out for this.

My theory is, and I could be wrong, that my broda Kamale is always in possession of insider information pertaining to the intended PNU moves or strategies if you wish. Now, before these strategies can be implemented, they have to be tested first.

Jukwaa being a platform, as its name suggests, comprising of Kenyan intellectuals with a passion to debate ALL political issues and sometimes non-political issues concerning Kenya, is a perfect testing ground for strategies that have been developed by PNU before their subsequent implementation. Now, these PNU strategists know very well that most Jukwaaists are opinion shapers in the communities where they hail from.

So, in order to gage the mood of the common Kenyan on the ground, Kamale is provided with the PNU thesis with the single purpose to find out how Kenyans on the ground would react to the PNU move. Hence, when Jukwaa members give their all to debate the merits and demerits of a Kamale thesis, they are actually providing the PNU strategists with a fertile ground to improve on their propaganda strategy!

Great members of Jukwaa like OO, AO, Job, Kathure, Dola, PM, 50cents, Fanyamambo, Mimimzalendo, Mank, Johns, Wakwitu, Nereah, Wanyee, Abdulmote Dyeings etc and etc ( sorry I cannot mention you all), always give their all in most discussions. Unfortunately, their frank debates are relayed to some PNU analysts with the sole purpose of perfecting the PNU strategy!

If you think my theory is not justified, please refer to the Email alleging a Muslim MoU with Raila in the Internet last time! Before even our 4th Estate could report on the alleged MoU, my broda Kamale had started a thread right here in Jukwaa on the very same topic!!! And now, Kamale has scored another first, as the first person to detect loopholes in the Annan deal (refer to comments from Martha and Muthaura). And before all these, he had foreseen the outcome of the mini-elections after some of our MPs lost their lives in a horrific plane crash (God rest their souls in eternal peace)!!!!

Can all the Kamale predictions be coincidences or are they well thought out strategies? If they are the former then I must be one giant of a dunderhead! It does not matter, I'm always a dunderhead anyway!!!

After all the theorising above, my question now is "Who actually are you, my broda Kamale?"

[politicalmaniac]

AO
The TJRC should in theory be the body invested with dealing with this very delicate issue amongst others, yet green horns like Martha keep payukaring left right and center.

You are right about the contents of the published bills on one hand and what Muthaura said on the other hand. What will matter in the end is what will be passed and Muthatura has no influence whatsoever on the bills content or fate, unless he lobbies PNU MPs to vote against a Bill the Govt brought itself!

Perhaps the PNU alliance will fracture over this bill should it seem to be Gema driven and not magnanimous.

I hope the architects of the Bill doled out specific areas of influence for the PM and P.O.R.K. with clear lines of demarcation as far as responsibilities are concerned. Otherwise as you can see the Muthauras of this world are just waiting to rubbish this agreement.

After the ECK is reconstituted, and things are near to normal as possible, an election can be triggered. This will hopefully end the cohabitation nonsense of erstwhile enemies.

[JAHAATWACH]

Adongo,

Allow me to blubber the following conspiracy theories:


*Some devious minds(excuse me Kamale) may have used the recent press coverage on real power sharing to incite Rucy with fitina.

* That the shocking clarification by Francis was on firm orders of Rucy who has vowed that ugavi wa mamlaka will only happen over her dead body.

* With the "clarification", the Forces Against Change are assiduously raining on Raila's parade with the warning shot to the presumptive premier:You may have Kibaki on your side, but if we have Rucy on our side:who can be against us?


Jaramogi use to counsel us time and again against wandering into a forest-- including that which you are familiar with--- without first determining its security status. "Always throw a stone or two then step back and wait to hear strange movement or sounds. If there is none, then it is safe to venture in," Ajumaa told us.

My question to ODM is:Have you thrown the stones in the forest to be sure it is now safe to move into the forest for expedition?

[wakwitu]

ODM reads mischief in Muthaura’s comments

www.eastandard.net/news/?id=1143983127&cid=4
[heavily edited]

The party said the structure of the grand coalition Government was being worked on, and it was Kibaki and Raila who would make it public.

Did Muthaura know this? If he did, then is that process just window dressing for pnu?
Is Kibaki testing the water as Eisntein suggest?
What did Kibaki know about the PS' statement?
...
The ODM leaders said they were shocked by Muthaura’s statement, which they said threatened national healing.

Why are they shocked?
There is pattern to this behavour and it was particularly evident during the Annan talks - so why is ODM surprised? What counter measures does ODM have just in case the fools [yes - I said fools] actually try to sabotage the agreement, I have never underestimated their stupidity.

Given the reaction on the ground I expect this to go the way of, "Si mwende kotini" Karua attitude i.e nowhere fast. As Titchaz said: Kenyans in 2007 said its enuff na kama mbaya mbaya na liwe liwalo!!!

[politicalmaniac]

JAHTWAACH and wakwitu
Interesting observations.
Could kegs and his pals be putting the Jaramogi tenet to the test? Do they want to see just how determined ODM fellows are?

The mind games are whats delaying healing and reconstruction.
Again these PNUists are on the verge of throwing away the baby with the bath water.
They are a despicbale selfish lot.

[mossad]

Iam trying to figure out what will happen to the IDP as kibaki and his idiots start messing up the deal. I mean whats on these folks minds when they change heart each and everytime an agreement is reached.
Kiabki is just proving to be the devil each and everytime he changes his mind on what he's signed and accepted as a working solution.
I mean whats the hell is wrong with this guy......

mossad.

[adongo23456]

JAHAATWACH and others

I think the conspiracy theories are very much in sync with what we are seeing. Obviously someone like Lucy Kibaki who is a big shareholder in the Kibaki regime is pissed beyond words with the deal. People like Martha Karua may say things like they are ready to work with ODM but let us not forget that these are people who have built whole political careers in fighting Raila for the last five years. I said before that some of these folks actually have a pathological hatred for someone like Raila whom they blame for almost five years of endless headache.

You notice Michuki hasn't said a word. Many of close Kibaki confidants think he sold the house. They were shocked when they saw the final deal signed. They were ready to take it as a beginning point for negotiations and so when they saw it as the final document I am sure many of them thought Kibaki was duped.

The simple reality is that the deal as signed and the bills so far prepared are pretty good. What Muthaura said today was totally fake in as much as the powers of the PM are concerned. Muthaura was right only on one aspect, that the V.P is the principal assistant to the President. That is true. Raila and the ODM were not applying to be assistants to Kibaki. It would matter little to them who Kibaki wants to be his assistant. A PM is an institution unto itself. It is not an institution designed for assistants to the president but to carry out specific executive duties in relation to the cabinet activities and the running of government on a day to day basis. That is irreversible. Kibaki and the PNU can either accept that or reject the bill in its entirity.

The tricky issue is the issue of public appointments of civil servants. The deal signed was silent on that issue but a 50:50 share of government should mean just that. It will now be upto parliament to put meat into that. This is where the ODM is going to have to be very careful. In an atmosphere of political goodwill those kind of things would be worked out mutually considering that this is a temporary arrangement, but considering the deviousness we are already seeing it seems everything will have to be engraved in the constitution. The constitution still provides for the president to be the appointing authority on those posts, but Kenyans have to remember the general mood has been to have these appointments subject to parliamentary approval. Even that hasn't worked out because the the overbearing powers of the imperial presidency. Remember the circus around the appointment of Ringera.

Under the circumstances the ODM has to fight for their share of appointments otherwise Kibaki will run over them, but in the long run we need to have civil servants appointed on merit by an independent and credible institution, not the Public Service Commission which is another vehicle for abuse of office by the presidents.

Ultimately PNU is going to lose this new round of battle and quite frankly they would have never picked a worse time to start another round of fighting with ODM. Kenyans are very ready for every trick they will try throwing into the mix. They will NOT succeed.

The one thing people have to remember is that in theory the deal never really took any powers away from the presidency. That is the clever thing about the way they designed the bill. On the surface Kibaki looks like he has all his powers intact, but in reality they have introduced a new office which is the defacto head of government. The mere fact that PM supervises the cabinet, coordinates the functions of the government and pretty much run the show makes the PM the defacto head of government. To make things easy for the other side, the deal never required Kibaki to give up anything. In practice the two have no alternative but to work together. With the PM running the government in which the cabinet is answerable to the president you have a complicated hybrid system.

If these guys can get their act together, the real deal is to put together a new comprehensive constitution and streamline things. They have one year to do that. As I said this thing was designed in away that neither Kibaki and his team nor Raila and his are winners and neither side are losers. It is the attempt for any side in this case the PNU to claim false victory that is at the root at the hiccup. It will be straightened out.

adongo

[JAHAATWACH]

Must Read!


Power-sharing: conflict or compromise?
By Stephanie Holmes
BBC News

Kenya's parliament is preparing to usher in a power-sharing agreement, brokered to bring to an end to months of ethnic violence sparked by December's disputed election.

But with the country still reeling from the political bloodshed - which displaced some 600,000 people and left at least 1,500 dead - can President Mwai Kibaki and opposition leader Raila Odinga simply now govern side by side?Under a deal reached in late February, Mr Odinga will become prime minister -a position that is yet to be formally created - in a narrowly split parliament.

But other key issues - about the exact division of power between prime minister and president, as well as how the different ministries will be shared among two parties with differing political agendas - have yet to be thrashed out.

Power-sharing will not solve a conflict, says Michael Kerr, of the London School of Economics (LSE), rather it will provide a way of managing and regulating it."The institutions themselves will not fix your problem. Like a plaster will not fix a broken bone."

Critics of power-sharing say such deals fail to address the reasons behind conflicts and actually entrench political, ethnic or group divisions, rather than resolve them.Mr Kerr does not agree: "Those divisions are already there. What power-sharing does is it recognises those divisions and institutionalises them.

"A cynic, or realist, might say you have the continuation of war by diplomacy in politics, which is a common historical theme."Vasu Gounden, the founder of Accord - the African Centre for Constructive Resolution of Disputes - says power-sharing will only work where certain fundamental conditions, including socio-economic stability, are already in place.

"Power-sharing in Kenya will not be easy because there has already been a fracturing within society," he said from Durban."Both parties are very equally matched and know their strengths and they have come through a process of extreme conflict."

He cites Burundi - where a power-sharing government was set up in 2001 - as an example of the challenges faced by governing with a such an agreement."When you find that political parties are operating on the basis of positions and power - not politics and ideology - then there is a very protracted and deep struggle for power at the centre.

"Parties find it very difficult to reach consensus and it becomes a continuous struggle that can lead to paralysis of governance."In Burundi, he points out, continued conflict within government prevented any legislation being agreed for eight months.

In South Africa, as the country made the transition to multi-party democracy with its first free multiracial elections in 1994, political violence between supporters of the Inkatha Freedom Party and the African National Congress claimed thousands of lives.

The ANC's Frene Ginwala, speaker of parliament between 1994 and 2004, remembers that after such violence, a power-sharing deal was the only way forward.Of course there is an awful lot of personal antagonism and difficulty; there is an awful lot of grief and memory from the conflict

"Very often, when we were unhappy with compromise, Mr Mandela would say: 'Yes, but what is the alternative? The alternative is that you are going to inherit, you are going to rule over, a pile of ruins'," she said. With Kenya's political violence estimated to have cost the country some $1bn in damage to the economy as well as ruining its image as a haven of stability within the continent, Mr Kibaki and Mr Odinga may well have come to a similar conclusion.

"The experience of violence, the threat of ethnic violence would probably bolster the political will of both sides," Ms Ginwala said.She is at pains to emphasise that though they may have traded barbs this time around, the two men were once political allies.

Mr Odinga's support was vital in getting President Mwai Kibaki elected in 2002. But after he later failed to follow through on a promised power-sharing government with Mr Odinga, the two fell out.

"We mustn't forget that they fought the [2002] election together, as part of the coalition. I hope this is what they will hark back to, rather than the last few years when they disagreed so much," she said.Difficult personal relationships with people at the opposite side of the political divide are one of the challenges of making a power-sharing government work, says Mr Kerr.

"Of course there is an awful lot of personal antagonism and difficulty; there is an awful lot of grief and memory from the conflict."Many of the participants involved in Northern Ireland at the moment, many would see them as being either the main participants in, or provocateurs of, a lot of that violence," he said.

In Kenya too, international observers accused political leaders of fomenting the ethnic tensions between their supporters' base.But he insists that power-sharing in Northern Ireland provides an "incremental approach to dealing with long-term divisions within society," allowing memories of violence to fade, albeit slowly.

Accord's Mr Gounden says that building a strong relationship between the two men at the top of the political pyramid in Kenya will be key to ensuring consensus lower down.Yet he underlines that conflict is at the very heart of all political relationships - within Africa and beyond.

"I don't think there is anything different in Africa, it is just that the economic situation on the continent and the literacy levels might be different, so the struggles turn out to be not just a boardroom struggle for power, but a battlefield struggle for power also."

Credit:BBCnews.bbc.co.uk/1/hi/world/africa/7286592.stm

[adongo23456]

And the nitty gritty is waiting after they settle the power plans.

www.nationmedia.com/dailynation/nmgcontententry.asp?category_id=1&newsid=118735

[wakwitu]

The article by teh BBC assumes a long term perpetual power sharing - what it does not recognize is that this is a means to the long awaited constitutional reform - and nothing short of a constitutional reform.
The tone is somewhat pessimistic but then again we had some of the same voices that pretty much rubbished Raila and the opposition as "dead in the water". I do agree with the last statement though.

[wakwitu]

ODM PRESS STATEMENT ON THE NATIONAL ACCORD

1. Our attention has been drawn to a statement attributed to Amb.
Francis K. Muthaura, Permanent Secretary/ Secretary to the Cabinet and
Head of the Public Service on March 10 2008. This statement has caused
shock and alarm amongst ODM supporters.

2. The Grand Coalition Government is to be established between PNU
and ODM as a result of a mediation exercise facilitated by a Panel of
Eminent Persons namely; H.E. Kofi Annan, President Benjamin Mkapa and
H.E. Graca Machel, and with the goodwill and support of the
international community, Kenyans managed to transform an otherwise
dangerous conflict into an opportunity for national healing, peace and
reconciliation.

3. The National Accord reflects the good will and positive attitude
of not only both our parties' leadership but also the genuine desire
of all Kenyans.

4. Both ODM and PNU are in the process of ratifying the National
Accord through Parliament. They are doing so as equal partners.

5. Kenyans from all walks of life have expressed their unqualified
support for real power sharing as provided for in the National Accord.

6. Appropriate Bills have been published and will be tabled in
Parliament for debate this week. Their passage will entrench the
National Accord into our laws.

7. For avoidance of doubt, the National Accord provides as follows:
"The Prime Minister shall have authority to co-ordinate and supervise
the execution of the functions and affairs of the Government,
including those of Ministries."

8. It further provides that "the composition of the coalition
Government shall at all times reflect the relative Parliamentary
strength of the respective parties and shall at all times take into
account the principle of portfolio balance."

9. It also expressly provides for a 50-50 power sharing formula.
The power sharing is at two levels: Cabinet and Government, and that
include the Civil Service and Parastatals.

10. Any statement clarifying, interpreting or explaining the content
of the National Accord must be jointly released by the two principals,
namely President Kibaki and Honourable Raila Odinga.

11. The structure of the new Grand Coalition Government is being
worked on before it is announced to the public by the two principals.

12. Kenyans have begun the slow process of healing, reconciliation
and rebuilding their shattered lives. They will not accept to be
dragged back to the period of mayhem, violence and disruption by
retrogressive forces bent on resisting change.

13. Any other interpretation of the National Accord undermining,
circumventing or delaying its ratification, in both spirit and letter,
is mischievous, unacceptable and must be rejected by all Kenyans.

PROF. AMUKOWA ANANGWE

FOR ODM

10 March 2008