A Milestone & A victory for Kenyans

[adongo23456]

www.eastandard.net/news/?id=1143983528&cid=4

Remarkably Kibaki signed the Act right on the spot. It is now part of the laws of the land. Great stuff indeed. Now the real work begins.

[JAHAATWACH]

Jukwaa? Do you see what I am seeing?

Well, if you don't then I strongly recommend that you hook up with a sage,most preferably one of Kenyan extraction and seek a nuanced interpretation of these strange happenings that are for the good of the country.

Historians and chroniclers mayalso be of help.

If you are persuaded, as I am, to read more into such strange occurrences as the Jimmy-Raila tryst and the mind-boggling Raila-Kibaki engagements not forgetting the break from traditions and ceremonial routines then talk to some wise elderly person who reasons more with the heart than mind.

Your assignment is to seek their selfish interpratation of this seismic shift in Kenya's political template;and more importantly Kibaki's incredible behaviour--------- fleeting statecraft that has defied even smart alecks like Mutahi Ngunyi,nay sayers like kamale and anti-change aficianados like Muthaura.

Inquire their interpratation of Kibaki's display of unprecedented sense of urgency; the-too-good-to-be-true cosiness with his former rival and resolute spirit with which he sherpherd Parliament appeasing a troubled nation.

The Luos have a word for it: Hosruok.

[merkeju]

kibakis legacy was at stake,history was to be written that during his tenure kenya was destroyed to the level of iraq and somalia,its not that he did us any favours he lost the presidency and lead to death of over 1000 innocent lifes,he had to be pushed by koffi annan and the international community.for me i dont trust kibaki and his cronies nor do i feel that he deserve any praises

[merkeju]

kibakis legacy was at stake,history was to be written that during his tenure kenya was destroyed to the level of iraq and somalia,its not that he did us any favours he lost the presidency and lead to death of over 1000 innocent lifes,he had to be pushed by koffi annan and the international community.for me i dont trust kibaki and his cronies nor do i feel that he deserve any praises

[kamalet]

For 44 years, Kenyans lived a lie that they are an island of peace and an example to the rest of africa's rotten and failed countries.

The elections of 2007 in their controversy ignited what was the closest the country came to a civil war. As soon as the murders began, our "international friends" trooped into Kenya claiming that they cannot allow the country to fail (and you must wonder why - do they love us that much) and even went to the extent of pushing for sanctions for those that did not dance to their tune.

Yesterday in parliament, some 200 MPs excitedly passed laws, one an amendment to the constitution and another an act of parliament creating some posts. Ostensibly, these laws are supposed to create positions of power for two people that were at war during the elections and whose result may not remotely be connected to some of the murderous actions we saw in January. But we are all excited and I expect that there were Kenyans and some confused foreigners who saw a new future for Kenya.

Perhaps we have a new future for this country as we may have peace for a while. For that I am grateful. But exactly what have we done to resolve all the issues we KNOW are the cause of the problems that emerged in January? I am aware that there are a few pieces of legislation on the way to create commissions for truth and such rubbish. But how quickly do we forget that we have had so many other commissions prior to these and none of them addressed the problems that manifested themselves earlier this year?

So let us celebrate the massaging of the egos of our political heroes and go back to 'business as usual' until the next break down of order for which we shall as usual get an Elastoplast to fix, and carry on.

This is a milestone for and a victory for politicians - I see no deal for the IDPs, the landless and any other Kenyan destituted by the happenings after the elections. For those happy that this resolves the problems for Kenya - I feel sorry. This country needs to take some very brave decisions for its future stability, and the activities in the House yesterday cannot be called brave neither can they start with the letter B.

Kamale

[fanyamambo]

I'm inclined to agree. When I first heard that an accord had been signed I was very happy indeed. But then I wondered if we were really only waiting for Kibaki and Raila to share power? On second thought it seemed somewhat anticlimactic.

Therefore I would call this a milestone only in the sense that it is an important step in a huge task ahead of all of us. I mentioned in another thread that I'm not sure what happens after this in terms of resolving all those deep seated issues we saw float to the surface in those dark days immediately post-election. They were not merely election issues - I simply refuse to believe that. Don't get me wrong - I'm all for the power sharing, at least to maintain the peace if nothing else, but what happens to those unresolved issues?

Why do I fear that things will end here? I hate to be such a pessimist - I really do. I suppose I'm also trying to find my place in all of this - perhaps rather look up to our leaders to perform miracles, we ought to be asking ourselves - what is OUR role in rebuilding Kenya?

[adongo23456]

Kamale & fanyamambo

I will agree with you that the real work is yet to begin. As we have said the "Peace Deal" is not an end in itself. It is intended to be a means to a new Kenya, a better place for all its inhabitants. I would look at the deal and the bills passed in three ways. One is what is in it for the PNU. The other is what is in it for the ODM and the big one is what is in it for ordinary Kenyans like you and me.

For starters though, the greatest thing about this deal is that I am not talking to members of my family running from Kisumu to Bondo, having their bisinesses ruined and generally scared to death about their safety. I am sure that is the feeling in the hearts of millions of Kenyans. Just the fact that people can now bury the dead and not expect more tomorrow is a good thing. And then we have Mt. Elgon. I will leave that for now, but of course it ties into the peace discourse. Back to the topic.

For the PNU the obvious gain in this deal is that finally Kibaki is the president of the republic of Kenya. That has been a long rocky road for them since their man was sworn in at dusk on that day of infamy like no other in the history of our country. In a way the deal has legalised Kibaki's illegal presidency. The deal has helped them achieve what they couldn't achieve with teargas, rungus and bullets. That is their jewel in the rough. The bigger win for the PNU in the long run is that with a coalition government they will be able to ensure that some of the more radical plans of the ODM will have to wait for the future.

For ODM the deal is quite helpful. They are in government in a big way. The PM's position is huge and historic. The creation of that office with the supervisory powers has changed the political landscape forever. In essence Kibaki has finally implemented the MoU of 2002. One has to wonder what our country would be today if Kibaki had not betrayed his LDP colleagues in 2002. The other fact is that the deal gives Raila and the ODM much more than the MoU could ever had. The PM just doesn't supervise the cabinet, the PM comes in with half the cabinet from his own team. That creates a lot of comfort room for the PM.

Secondly the ODM managed to wriggle out of the mass action route. The reality is that as tough as the ODM was talking they faced real odds mobilizing the population for a long term war with Kibaki. There are many people who were ready to go to battle, but there is wear and tear with these things. The ODM has managed to deliver to its constituents half a loaf. As Raila said many people called him asking them not to compromise and instead go to the opposition if that is what it took. That would have been a gift to Kibaki and the PNU. It was what many PNU supporters here in Jukwaa hoped for. It didn't happen.

The big win for ODM which I think is also a huge win for ordinary Kenyans is that some of the key items in their agenda are already being implemented, ironically enough with the overwhelming support of PNU and Kibaki.

The ODM wanted to create the P.M's position. It is already a reality. In fact PNU types were wondering how the ODM will create the P.M's position, little did they know that Kibaki will be a big part of that. The ODM promised a new constitution in six months, now we are likely to have it in 12 months. Not bad. The ODM promised a TJRC and some people laughed it off. Now it is here.

In terms of the constitutional process what we need now is a clear road map on how the process will work and how the rest of the country and not just the politicians will be involved. That should be coming out in the next few weeks.

This brings me to what is in deal for the Kenyan people. A lot. I personally anchored my support for ODM on the need for a new constitution and I am sure millions of other Kenyans shared that demand. It took twenty years and for me I think I have spent my entire adult life fighting for a democratic constitution for Kenya. I have lost friends and comrades in that battle and lost a limb here and a piece of my skull there and I don't know what else. I am privilleged to know that I most likely will live to see this dream realized and so are millions of other Kenyans.

This deal has finally provided a clear time line to a new constitution in an atmosphere where it looks like all political groups have no choice but to be cooperative and slow down on the mischief department. The conditions have never been better for a new constitution. It is going to be a tough fight still but I think we even have better conditions for a new constitution than we would had with an ODM government facing a belligerent PNU and allied opposition groups. This is why I say bravo to this deal.

I also think the creation of the PM's office will provide a very much needed check and balance of the executive authority in parliament. This is a fundamental shift away from the imperial presidency. As Gitobu Imanyara said, we are finally cutting down the mugumo tree with a razor blade and slaying the monster of literal presidential monarchy in our country. This can only be good for the republic.

The other big benefit for all Kenyans is the obvious one. We may finally be able to stabalize the country and end the ethnic violence as well as state repression and other aspects of a dysfunctional government. That is not a small matter if you ask the families of 1,500 dead and half a million or so IDPs.

The third benefit for Kenyans is that finally we have to face our demons as a country. What are we going to do with the IDPs? How are they going to go back to their pieces of land and to their jobs. I think this where things are a little dicey. The long term issues are okay.

We have been promised that the country is going to look in land issues, historical injustices and try to come with acceptable solutions. That in itself is a nightmare. For example we are finally going to have to deal with the millions of acres of land owned by former settlers and their offspring who are now as Kenyan as you and me. Do we go the Mugabe route or do we have a better plan? Look at the mess in Laikipia. Who really owns land in Laikipia? We are also going to deal with the hundreds of thousands of acres of land owned by the political elite. That is going to be thorny and tricky.

The part where I think the Kibaki/Raila alliance hasn't figured out is what to do now with IDPs. Do they go back to their lands? Will those who chased them away be content to let them be? Are we going to need an army to protect every home in Rift Valley? How do we reconcile these communties? How do you reconcile two groups when one group says we have taken our land back and the other says and rightly so that they were invaded, attacked and their land seized by criminal elements? There are those who are advocating the law and order approach. Take the IDPs back, build 32 super armed police stations and impose the peace. William Ruto in his interview posted here on Jukwaa said and I agree that security does not come for the police station, it comes from your neighbour.

The short and long of it is that neither Raila nor Kibaki had come up with any viable plan and strategy on what to do to resettle the IDPs mainly in Rift Valley. I think what they should do is as soon as the new cabinet is set up, to discuss it and come up with real workable plans and resources. They have to build local reconciliation teams and work with elders from both sides and create hope for both sides.

Those who claim their land has been stolen from them need to be given a clear commitment that their issues will be addressed and resolved. At the same time those who were chased out of their property have a right to get their property back. So far I think the approach of Kibaki and Raila to simply urge the IDPs to go back without addressing the reality on the ground are pure gimmicks.

The IDP issue, the land issue and the concerns about equity, the battles to eliminate poverty and corruption are all tied up on the big issue of building a new political order in the country. These are the things that will not be solved through deals and handshakes. People have to roll up their sleeves and get back to work. Kenyans have proved they can do it.

The other issue the key parties to this deal haven't figured out is what to do with the perptrators of violence. I think so far they are satisfied making vague statements about punishing those who committed crimes without the slightest idea how that will work. My own conclusion is that this agenda is dead in the water. Most of the folks who committed outrageous acts of violence including state sponsored violence are going to walk out of this free. The circumstances favour them. I think most of this is going to be moved to the TJRC agenda. It is a shame but that is the way it looks to me. I could be wrong.

In the bigger scheme of things it seems from where I sit, the BOMAS Constitution Draft has never been more important than it is today because a lot of these things that look impossible to solve now after years of screwing up are very well articulated in the Draft. That document is going to be fron and centre in the next few months as Kenyans get back to work on producing a new constitution.

Last but not least I am personally very pleased with the TJRC. Kamale is his usual bravado calls it rubbish. I can understand where he is coming from. The TJRC is a big deal. People sometimes forget that our country has been ran and ruined by mafioso groups, outright thugs and organized criminals who have controlled State House for 45 years. The country needs to lay in the open what these crooks have been doing.

When we unearth the crimes these groups have committed. When Kenyans examine and explore the harm and damage these groups have done to the people of our great country, we will finally be in a position to slay the monster of impunity. It is coming. If there is one thing that really makes me want to go home like yesterday, it is to be part of this process from the front. We will be there.

To me the ultimate victory for Kenyans as far as this deal is concerned is that the nation has sent notice to all the election riggers out there. You will not have your way with Kenyans anymore. Standing up to Kibaki, defeating his agenda and forcing a coalition government is the best guarantee we have that in future incumbent leaders will think twice before they engage in rigging elections. That aspect of electoral impunity has been dealt a fatal blow. That alone is great for the future of the country.

Let us also not foget that we were at risk of witnessing the actual break up of the republic specifically into GEMA country and none GEMA country. The consequences would have been grave. There are those who would say that break up has already happened and the deal just masks it. I disagree. Yes the break up is there, but the deal gives as an opportunity to fix it as opposed to further breaking it up. I have said before that Kenya cannot go back to what it was on Dec 27, 2007. We lost that one, but we can create something even better. All we need to remember is that a country is not a piece of cloth your can just tear up and refix in seconds. You tear it up, it is going to take a lot of time to fix it and it may not necessarily be the same as what you had before. In our case it shouldn't. What we had was toxic and it exploded. We need something better.

What the deal gives us a country is to look at the issues that have magnified our problems and come up with solutions instead of looking at the issues and using them to beat up on the other side. We have an opportunity now to address the toxic tribalism that emerged in the Kibaki era after th ehistoric Narc victory of 2002 and find some real practical solutions.

Let me say that my sense is that biggest losers in the present power arrangement are the merchants of ethnic chauvinism, particularly those who were already enjoying and abusing state protection to promote it. I say good riddance to that. In fact the people who are whining the most about this deal either privately or publicly are those specific merchants and their agents. I have absolutely no sympathy for them. Those fools d.amn near destroyed the country. They are lucky nobody is calling for them to be hanged. They should embrace this deal with both hands. It is their saviour too.

adongo

[dola121945]

Great piece AO,

I have been waiting for this day for a long time and I'm pretty sure many Kenyans have too. Now the process begins. And as it goes on we would like not only to see reconciliation among our people but to see the goals of nation building and development realised... within time.

I must say I can rest easier now, but would like to urge others (not forgetting self) to agitate for the reforms that we crave, and indeed as a first step the passing of the bills will ensure that they be ushered in.

This is progress, and to paraphrase what AO said, I shudder to think how far we would have gone had the MOU from 2002 not been reneged on.

Aluta Continua!

Dola

[adongo23456]

In June 1982 Mwai Kibaki as Moi's VP moved a motion in parliament to declare Kenya a one party state by law. That is when the the infamous Section 2(A) was enacted into the Kenyan constitution with lightning speed. The purpose was to stop the formation of an opposition political party set to be launched by none other than George Anyona, Raila Odinga, Salim Lone, Mukaru Ng'anga' and many others. The bill to outlaw this move was passed into law in one day. It was a call to arms literally for us as student activists.

Who would have known that the same characters would re-congregate a quarter of a century later to help salvage the nation from the brink of mayhem and disaster arising from an electoral fraud.

How absolutely ridiculous and even hilarious that the same characters of that misstep in 1982 and who blew it again in 2002 are here one more time hopefully making the right step this time around. They passed another law in one day this week to decongest power and respond to the popular demands from the masses of Kenyans for meaningful political pluralism and shared power in the face of a botched election. This time around, we as a nation should hold everybody accountable. I think the nation will. So far so good.

[politicalmaniac]

AO
How soon we forget!

[mzee]

Im waiting to see who or which political party will start blocking and flip flopping on the issue that the ountry has agreed on. I want to see who has selective amnesia of the 27/12 events.

We are waiting to see how historical land issues will be addressed for they are not limited to RVP . Even in places like Nyanza some elite have stolen large chunks of land from poor people. A good example is one Odongo Omamo aka kaliech who has grabbed most of the productive and strategic land from his kapiyo clan. So land issues goes beyond RVP and Coast.

[politicalmaniac]

Mzee
You wont wait for long.
The crocodile eater from Garsen, who was rigged in has already demanded a 'tribunal' to resolve PNU-ODM disputes!.

[job]

AO & others,

The LAND issue and RESETTLEMENT of IDPs is the thorniest issue that WILL dog the coalition government.

It is easier said than done.

First, resettlement of IDPs is a huge task that involves specific sub-sets of displaced folks.

(1) Kikuyus settlers displaced from North Rift - Uasin Gishu / Eldoret environs
(2) Kikuyus settlers displaced from South Rift - Kericho, Molo, Kuresoi, Trans-Mara etc
(3) Kikuyu residents who fled Nyanza, Coast (many have returned) and Western
(4) Luos, Kalenjins and Luhyas displaced from Naivasha, Limuru, Tigoni, Kikuyu and Nakuru
(5) Kisiis displaced from North and South Rift and elsewhere
(6) Kambas displaced from isolated ODM areas
(7) Bukusus, Nandis and Sabaots mutually displaced from pockets of Trans Nzoia
(8) Maasai & flocks of herds evicted from huge holdings of absentee-landlords in Laikipia
(9) Sabaots and other clans displaced from farms in Mt. Elgon.
(10) Kipsigis displaced from farms in Mau forest.
(11) Various folks displaced from urban slums in Kibera, Mathare, Korogocho, Nakuru, Naivasha
(12) Isolated cases of business evictions and property vandalism across the entire nation
& others

Of course if you critically review these subsets, you will notice that they may in fact belong to entirely different economic classes.

There are mid-size to large scale commercial farmers,.... middle class traders, merchants and business people.... mid and small scale holders who had built decent dwellings on their farms,.... low class peasant and subsistence land owners with modest dwellings..... low class lease holders with makeshift dwellings......low class farm laborers with only household possessions to count.....literal squatters who only sheltered on other folks farms......and such a wide array of economic group varieties.

In a nutshell we have previously well-to-do IDPs and previously poor IDPs,..now, will resettlement begin with the poorest or the better-off?

Some serious FACT FINDING, APPRAISALS and UNDERWRITINGS needs to be done using verifiable documentation and other pieces of evidence.

The first question is.......WILL THERE BE DISCRIMINATION in PRIORITIZING the resettlement of any particular REGIONAL sub-set? For instance, will the resettling of a Kikuyu back to Uasin Gishu take priority over resettling of a Kisii back to Sotik or a Kipsigis back to Nakuru?

Will providing security for say, resettled Kikuyus in Eldoret, over-drain the security budget at the expense of say providing security for others resettled in PNU areas?

We will be watching very keenly for any signs of REGIONAL discriminatory practices in resettlement.

Then,...in case REBUILDING OF HOMES is shouldered on tax-payers,...what fraction of the cost can the state meet? and what of tenants who lost all possessions but never owned the dwellings they were evicted from?

Many questions will arise and I'm sure Kibaki and Raila have probably began understanding the magnitude of the problem. It is nowhere close to the sh 35 billion they are envisaging, let alone rebuilding damaged infrastructure.

THEN COMES THE POLITICAL QUESTION.

RESETTLEMENT IN RIFT VALLEY is hugely POLITICAL.

It requires good strategy, tactics, goodwill, trust-building and cooperation from both sides like never been seen before. It simply does not require 32 state-of-the-art police stations.

But I can guarantee that the best and most sustainable resettlement program must be comprehensive in nature, addressing all attendant issues of;

- recent displacement
- recent insecurity
- past land clashes
- prevailing landlessness among natives
- growing rural poverty
- growing rural population (more pressure on land)
- lingering land claims of historic nature (historic land injustice cases)
- absentee landlordism

These are only EIGHT issues surrounding the resettlement program that I can immediately think of. My point is that THERE WILL BE NO SHORT CUT OR TRYING TO DEAL WITH ONE SUB-SET AND LEAVE OUT THE REST. Immediate and Past displacements must be treated with the same sense of urgency.

At POLICY LEVEL,.....a fertile opportunity arises for ODM (which actually envisaged these issues and embedded the Bomas Draft into their manifesto) to forward proposals that comprehensively deal with many of these issues.

The solution to the resettlement fiasco lies in the Bomas draft which in fact strikes a balance between harmonizing recent market-based land transfers and past cases of land injustices deserving restitution.

Frank dialogue will be required and fears will have to be confronted.

For instance, how do you ignore valid concerns about Customary Land Tenure holders who lost land to politically connected individuals and private (registered) land owners through invocation of our archaic land laws. To what extent is that really justice?

The Bomas draft clearly comes in handy with its proposals on Land reform policy which guarantees existing property rights while doing away with archaic laws on land ownership (including those that discriminate against women from ownership).

The draft also places constitutional duty on the state to facilitate equitable access to land, providing redress to historic land dispossession (via colonialism, corruption and political grabbing). It also promotes security of tenure on land.

HISTORY IS BEING REPEATED fellows. At independence, millions were awaiting comprehensive redress of the land question and Kenyatta failed the nation.

We are back to the same dilemma. IDPs are awaiting resettlement, while natives are awaiting restitution-based land settlement. What will Kibaki and Raila do? They are in this together, as is the case with Kenya's entire political leadership.

The mistakes of Kenyatta (which actually left him with land the size of Nyanza province) must not be repeated.

Kenyatta's ethnic-based and cronyism-driven settlement program, based on the free-market principle of "willing buyer- willing seller" only benefited the elite middle class, politicians and the provincial administration predominantly from one community, who took advantage to accumulate huge parcels of land at the expense of the ordinary folk who became squatters.

My idea of a comprehensive tackling of this land issue MUST THEREFORE INCLUDE A FORENSIC AUDIT of the RESETTLEMENT PROGRAM OF THE 70S AND 80S.

LAND FOUND TO HAVE BEEN ACQUIRED BY UNDESERVING FOLKS NEEDS TO BE REPOSSESSED, REVERTED TO THE GOVERNMENT, AND USED TO RESETTLE THE LANDLESS......even if on a transitionary, temporary, or rotational basis.

The question of absentee landlordism (especially at the Coast) must also be tackled once and for all. The Kenyattas and Criticos must understand that they are not going to leave hundreds of thousands of acres lying idle as millions are squatters in the surroundings. Its time to settle IDPs in these holdings which were literally acquired for nothing.

I guess this is not as easy as most folks thought. However, we may in fact be headed in the right direction, where we ARE FORCED TO CONFRONT PROBLEMS RATHER THAN PASS THEM ON TO FUTURE GENERATIONS.

JOB

[politicalmaniac]

Job
As usual your analysis is comprehensive.
IDP of Gema origin going back to RV is looking remote and 'remoter' by the day.
Kalenjins are ready to burn the 'ODM Hse' in defense of 'their' land. They just dont trust the powers that be. They have been screwed while in power and also while out of power. So as far as they are concerned, this is not an issue for discussion.
Settling the IDPs in Taita is also not a good idea either. Come 40 yrs down the road we shall have tensions again. Why arent the Coastals settled in these areas first, before outside IDPs?
There is land in Central, enough for the IDPs of Gema origin.
Truth be told, they should and probably will end up there.
The national conference on reconcilition will only expose the grabbers. It wont establish trust, enough for various communites to live side by side.
The ethnic genie is out of the bottle. Folks dont want outsiders in their zones. Even in ODM zones not all is well amongst the OSDM supporting communities. Lets face reality, and not force IDPs to setttle in areas where they are clearly NOT wanted, just to show eti 'we are one Nation'. No we are not. And further proof that we are not, was provided by the PNU MPs who STILL WANTED TO SCUTTLE THE constitution amendment bill. I mean these fellows think they are that special!