HEALING REQUIRES ALL-INCLUSIVE CONSUILTATIONS

[miguna]

Tuesday December 6, 2005

Kibaki should think outside circle of rich friends
--------------------------------------------------------------------------------


By Raila Odinga

As President Kibaki goes about making the eagerly-awaited decisions about the Cabinet and other high-level appointments, he seems to be entirely unaware that the people overwhelmingly rejected a constitution which would have given him the right to make such appointments without consulting with the Narc affiliate parties.

The President has been holding meetings with his well-known group of businessmen, Banana leaders like Mr Njenga Karume who opposed Narc in 2002, church leaders who refused to advise their faithful on the referendum, foreign envoys and other individuals and groups. But he has refused to hold discussions with the true stakeholders, who are referendum winners, the Orange Democratic Movement (ODM), one part of which, the Liberal Democratic Party, helped propel him to the presidency in 2002.

The President’s approach to these appointments violates the spirit of the current Constitution, which he seemingly was only too happy to revert to in his speech conceding at the referendum.

To negotiate directly with opportunistic individuals who use political parties solely for the purpose of personal gain is most imprudent. We, in the leadership of Orange Democratic Movement, have clearly indicated in numerous statements that we are ready to discuss with him the new Cabinet and other urgent post-referendum issues.

The most important among these is the need to chart the way forward on a new constitution. In our Naivasha resolutions adopted last Friday, we specifically asked the President to facilitate a meeting between the Banana and Orange groups as a matter of national priority in order to address the anxiety of the people of Kenya on the future of the Constitutional review process.

We have also stated repeatedly that we will not accept approaches of the kind that are being made to individual ODM leaders about joining the Cabinet.

Doing so would be a complete betrayal of all those millions who supported us in rejecting the proposed constitution and in seeking a new political dispensation. We stated during the campaign that the new constitution undermined political parties, which are the lifeblood of democracy, by allowing Cabinet appointments made through individual arrangements. The ODM leadership will, therefore, immediately expel any members who join the Cabinet through such private arrangements.

The repeated assertions by the President and his allies that they would triumph on November 21 showed how completely out of touch with people’s views and passions they were. But what is more astonishing is that their isolation from the nation’s mood continues after their devastating referendum defeat. They seem unaware that a transformed political environment now prevails in Kenya.

For the first time in our history, seven out of our eight provinces and 152 out of 210 constituencies voted for the same cause. And for the second time in three years, Kenyans have inflicted heavy political defeats on the Government of the day.

In continuing with business as usual, and by unconstitutionally banning our provincial thanksgiving rallies, the Government has once again thrust upon us the kind of situation that preceded the 2002 elections, with one major difference. Whereas the two principal presidential candidates in 2002 were both from Central Province, and received support from every corner of the country, the referendum results now reveal a deep divide between that province and the rest of the country.

This kind of isolation has been imposed by short-sighted Banana leaders on the people in the province, for the first time in history. The Orange Democratic Movement is determined to avoid such divisions.

That is why, from our very first victory statement, we reached out to our brothers and sisters in the Banana camp, and offered to work with the Government to chart the way forward. But the leaders who lost in the referendum continue to avoid seeing reality by down playing the significance of the people’s verdict and claiming that it was merely a verdict on the constitution that alters nothing in the political landscape.

There is, however, ample evidence to indicate that the November 21 result also reflected people’s lack of trust in the Government and dissatisfaction with both its commitment as well as ability to deliver on its promises on jobs and corruption, and on an inclusive and national approach to governance.

In any case, the Banana leadership itself proclaimed that a win for the Wako Draft would be a vote of confidence in the Government. Now they are studiously avoiding the issue of confidence. The celebrations that greeted the referendum results are not unlike the euphoria that swept the country when Narc won the elections three years ago. Kenyans were ranked in a Gallup International poll as the world’s most optimistic people, and the Government was rapturously applauded at home and abroad for making Kenya the first country to sign the new international convention against corruption.

The change of the mood over the last three years is a result of severe disappointments in the Narc Government on two crucial issues: corruption and good governance, the latter including the non-delivery of the constitution the people wanted.

It is universally recognised that the popularity of Narc came out of its representation of the mosaic of the Kenyan people as a legitimate coalition government, crafted by the leaders through the Memorandum of Understanding.

But as soon as he took power, the President began to behave as if his Democratic Party alone had won the election, dispensed with any consultations with his coalition partners and dismantled Narc governing organs.

At the time, there was strong opposition within LDP to our accepting positions in the Government after Kibaki reneged on our pre-election coalition arrangements. I counselled compromise, believing that while the President was on a wheelchair after having suffered stroke, any serious divisions would create instability in the country. Unfortunately, our magnanimity was seen as a weakness. We will not make the same mistake again. But it is still not too late for the President to initiate consultations with us.

It is vital that he lead the way towards restoring national as well as international confidence in Kenyans’ ability to pull together, as they so clearly showed in the 2002 election and in the current referendum by voting peacefully, with even the losers happily accepting the outcome.

The only way to move forward is a collegial and participatory approach among all the political parties in Parliament.

The writer is the Langata MP and former Roads minister








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[kamalet]

Is this not coming rather early in our perceptions of ODM leaders? Threats of expulsion from parties and movements pre-supposes that every rank and file member must agree with the leaders and only do what the leaders decree! One can only read of dictatorship in the threats.

In this case, the leaders will negotiate with the president on who should join the cabinet before the president can appoint from the ranks. So what stops these leaders from fronting their own list to the president as their way of negotiation which means that they could allocate themselves prime posts different from what, say, the president would have wanted.

When saying this, I am ignoring the nonsense in Raila's threats requiring Kibaki to seek permission before appointing anyone from the ODM ranks. Kibaki only needs to consult KANU and not LDP as the latter is not a parliamentary party that is required to give permission to the president under the law. Hence Kibaki is at liberty to appoint anyone from the ranks of "LDP" without Raila's permission since they all belong to the parliamentary party called NARC.

For the doomsayers who said this country was divided, I am struggling to find the divisions as the country has moved on from 21st November and people are building their country. Hence the people that require any healing are not your ordinary Kenyan, but the politicians that caused divisions amongst themselves. I require no healing after the vote.

Finally, what is this about Kibaki and his rich friends? Is Raila suggesting that Kibaki should be negotiating with his rich enemies? Unless of course the Orange movement ate into the riches of Uhuru, Raila, Ruto, Githunguri, Mudavadi that they are now so poor as to be reasonable people to be negotiated with! If you ask me, Raila is playing dog in manger politics - if you cannot make me a minister, then none of my followers will become ministers!

[miguna]

Kamale,

Hello? Are you for real?

Let's start with some housekeeping my friend.

1. The last time I checked, Kanu was the official opposition parliament. Governments all over the world do not "consult" official opposition parties on the formation of cabinet. Under a multi-party system, it is Kanu that must check the government's excesses and call it to account. Or are you insinuating that because Uhuru and Karume as Kikuyus, they must be "consulted" regardless of which political party they both belong to?

2. Are you serious that LDP is NOT A POLITICAL PARTY? Please help me out here. When was the LDP legally proscribed? And is the DP also non-existent by virtue of belonging to Narc? Are all Narc affiliate parties OBSOLETE? I have been reading about well-orchestrated wrangles within Ford Kenya. Is Ford Kenya also obsolete? So, why are we being told that Kombo was meeting some of Ford Kenya members at a reteat in Kilifi? Why has Kiyuyi been calling for Ford Kenya elections if it is no more?

I also I read only last week of Munyao saying that DP will go it alone in 2007, will field a presidential candidate; and he was coming out of a DP meeting! Are these real things or I am completely lost and confused here?

Having said all of that, how is Kibaki "consulting"? By calling all members of DP into his meetings? Does Kibaki DECIDE on behalf of DP and his government? If this is true, why shouldn't ODM or LDP leaders decide on behalf of their members? Do you really consider Raila a leader of anything or he is just a politically greedy individual acting on his `own? Curiously, do you seriously believe that ODM and LDP members need you or Kibaki to talk for them or protect them from Raila's "DICTSATORSHIP?"


Please spare me. I'm just asking. There is no crime in asking; is there?

Peace.
[unedited]
-Miguna-

[job]

Kamale,

I welcome your newfound focus and total preoccupation with the ODM. ODM may be indeed trying to move on with a different methodology, not aimed at pleasing politicians, spy agents or pundits but aimed at encouraging principled leadership that's not guided by greed.

But I'll tell you one thing. As soon as Kibaki names his cabinet the game will rebound back to him. We know he is trying to deflect attention away from the Katiba. We are aware he's trying to protect Anglo fleecers, (including himself) and we know he just recently accented to both the Procurement Bill and the Public Assets Disposal (Privatization) Bill.

His government has kept mum about the Miscellaneous Revenue Account recently set up by Mwiraria. Since he has prorogued parliament ( which is toothless anyway), the public is watching his new cabinet take up the post referendum clean up and amassing schemes. There will be more focus on his government rather than ODM for your information.

Back to ODM.
The issue of expelling carrot grabbing politicians prone to poaching schemes is a plus to the preservation of our multi-party democracy. This is very encouraging to the public who often feel let down by apparently forthright leaders who sometimes succumb to such greed and eventually loose focus and objectivity through money guided defections.

The move announced by Raila, can further limit the Mwenje type of turn-around syndrome, whereby principles are compromised in exchange for State House dispensed goodies in shameful expose.

Who is whining or rather who feels hurt by such disciplined leadership now being promoted by ODM? Potential greedy politicians not in to serve people but their stomachs, certain spy agents and pundits who might feel jealous of the high standards being set by rival movements, and of course sympathisers of people used to that kind of status quo.

Who is encouraged by this move? The general public. Mark these words, it may be dictatorship in your eyes but to the eyes of common wananchi, it may be just a popular and long awaited check-mechanism for their often wayward legislators.

I did not see anywhere in Raila's commentary where he ordered Kibaki to first seek his permission before he can poach ODM members. Since when did consultation and negotiation become synonymous with seeking permission? Kamale, stop this game of trying to portray
Kibaki as the Godly victim of ODM and a marauding Raila.

Raila knows too well that poached leaders are already politically "finished" in the eyes of their electorate and ODM has no business with such "finished" leaders. ODM is regarded well by the public and must at least strive to do so. It should thus maintain a calibre of principled leaders as a matter of fact.

Kibaki who's repeatedly shown his contempt for the public just like political allies, has to respect multi-party democracy and not try to destroy, through poaching, all parties scattered across Kenya. He failed to destroy KANU through Biwott. He is now trying to destroy Ford-K through Kituyi.

Kibaki poached LDP sponsored Tuju, Saitoti and Awori, Mwakwere, Shakombo, etc....but you saw what happened to their respective electorates in the recent referendum,..........they demolished them instantly.

Let him poach another set of ODM leaders,.........and we shall enjoy the steadfastness and progress of Kenya's emerging democracy as we witness yet again, the demolition of carrot grabbing sycophants in future polls.

On NARC. I've never known any registered party called NARC. As the acronym NARC self identifies as National Alliance of Rainbow Coalition, I at least never heard when DP mutilated the Coalition and registered it as a Party, even though this has been a dream wish for DP hegemonists.

Sometimes such DP people actualize their dreams and begin referring to the coalition arrogantly as a party ("their party" since remember everything in Kenya is apparently
their's) without even caring to know who sweated to form which constituent party and what it entailed ( does this sound familiar?)

Kibaki can negotiate with KANU or LDP or Ford-K if he so wishes, but we the public are keenly observing how afraid he is to face LDP for another set of negotiations (MOU) after he trashed the first pact.

Things have turned around so fast that Kibaki is now chickening out of facing LDP yet again and prefering his trademark, yet disastrous (from referendum lessons) poaching through State house invitations. That is Kibaki and no one is surprised, he's too guilty to face the same team he betrayed in his famous Lt. Kiguoya antics. The jury is the public and the exhibit in question is "broken trust".

I don't get exactly what you failed to understand about Kibaki meeting with his rich friends Karume, & those golfing buddies of his, greedy for State contracts and awaiting to buy State Parastatals that are soon being privatized. You see, there's a coded and exposed message in a lot that politicians say.

If a parastatal that Kibaki's friend intends to buy falls under a Ministry run by an ODM/LDP Minister, that might just be tricky for them. They must therefore insulate him and "advise' him appropriately on whom to appoint there. The 'poaching" of ODM leaders has a lot more implications therefore. But the public know too well, they themselves own such parastatals and would not like to see them given away at peanuts to 'Royal' friends. Watch this space in future.

On your point on healing. From your own statements, you sound really "healed" following the referendum & it's good the debates are back.


peace.
unedited.
Job.

[job]

Miguna,

Thanks for highlighting something I missed fro Kamale's posting. Isn't it not preposterous for Kamale to keep refering to LDP yet claim it's not a parliamentary party. Through which Party did Raila, Kamotho, Awori, Saitoti, Tuju et al come to parliament ? Kamale can you explain this.

Job.

[kamalet]

miguna said:

Kamale,

Hello? Are you for real?

Let's start with some housekeeping my friend.

1. The last time I checked, Kanu was the official opposition parliament. Governments all over the world do not "consult" official opposition parties on the formation of cabinet. Under a multi-party system, it is Kanu that must check the government's excesses and call it to account. Or are you insinuating that because Uhuru and Karume as Kikuyus, they must be "consulted" regardless of which political party they both belong to?

2. Are you serious that LDP is NOT A POLITICAL PARTY? Please help me out here. When was the LDP legally proscribed? And is the DP also non-existent by virtue of belonging to Narc? Are all Narc affiliate parties OBSOLETE? I have been reading about well-orchestrated wrangles within Ford Kenya. Is Ford Kenya also obsolete? So, why are we being told that Kombo was meeting some of Ford Kenya members at a reteat in Kilifi? Why has Kiyuyi been calling for Ford Kenya elections if it is no more?

I also I read only last week of Munyao saying that DP will go it alone in 2007, will field a presidential candidate; and he was coming out of a DP meeting! Are these real things or I am completely lost and confused here?

Having said all of that, how is Kibaki "consulting"? By calling all members of DP into his meetings? Does Kibaki DECIDE on behalf of DP and his government? If this is true, why shouldn't ODM or LDP leaders decide on behalf of their members? Do you really consider Raila a leader of anything or he is just a politically greedy individual acting on his `own? Curiously, do you seriously believe that ODM and LDP members need you or Kibaki to talk for them or protect them from Raila's "DICTSATORSHIP?"


Please spare me. I'm just asking. There is no crime in asking; is there?

Peace.
[unedited]
-Miguna-

Miguna (or is it now Mingusa!!)

I am for real...you should have known that by now!

1. There is nothing in the world that would stop a ruling party to consult the official opposition in joining the government. I think the Germans just formed a 'grand coalition' government made up of the two largest political parties - or were you being selective? Secondly, Kenya law requires that before a member of another party is appointed a minister, the president is required to consult the concerned party. So there is nothing Kikuyu about it when Kibaki consults Uhuru (as leader of the 'other' party for his MPs to be appointed as ministers in the NARC government. You are sinking deeper and deeper in your tribal insecurities.

2. Perhaps you should be more of a lawyer when responding to things your 'adversaries' have written as this would require that read and re-read what has been written before commenting. If you look at my post, I have actually referred to LDP as not being a PARLIAMENTARY PARTY as opposed toa political party. Not sure why you are getting your knickers all twisted about proscribing of the party!! You are the lawyer Miguna, not me. So can you tell me under what political party ticket Their Superfluous Excellencies Raila and Kibaki were elected to parliament, and also whether LEGALLY Raila can claim to be an LDP member of parliament? It is one thing to sound legalistic when criticising people and another to ignore others merely because they suit you. Kama ni mbaya, ni mbaya! Let us all condemn these turncoats who lied to us that they had united, but were still stuck in funny tribal outfits. Willing or caring to join me?

Sadly for you, Kibaki is constitutionally mandated to name his cabinet from his party, hence needs not consult anyone in that party before appointing them as ministers. What is important is that no one is compelled to accept the appointment, and should decline if he is unable to serve with the seating president. That should be easy common sense...shouldn't it?

[kamalet]

job said:

On NARC. I've never known any registered party called NARC. As the acronym NARC self identifies as National Alliance of Rainbow Coalition, I at least never heard when DP mutilated the Coalition and registered it as a Party, even though this has been a dream wish for DP hegemonists.


peace.
unedited.
Job.

Job,

You need not be this vehement when displaying your ignorance on the Kenya political scene. Are you really, really serious that there is no registered party called NARC??!!!

FYI, NARC is a registered party following the name change of NAK to NARC prior to the 2002 elections, and this is the vehicle that propelled the man you dislike Kibaki to power as well as the other fellow called Raila. Kenya's parliament has no LDP or DP member of parliament. From a legal point of view, the law is totally ignorant of the MOU that brought DP, Ford-K and LDP together.

[roughrider]

Kamale, Job

I hope I can be of help.

I understood Job to mean that NARC allows only corporate membership. There are no individual members of NARC.... at least for the intents and purposes of a normal political party. Only political parties and CSO’s are/ can be members. This to me is the meaning of a coalition. Indeed the NARC constitution does not allow for individual membership, thus the repeated attempts to have it altered. During the nominations of the 2002 elections councilors and MP's were given nomination certificates without a membership recruitment drive being done!

Kamale's viewpoint is based on a 'denial of the MOU' – which I must point out he is entitled to. Was the MOU a legally binding document? (I do not think it was legally binding, but there were political consequences of not honoring it, some that have already been felt and others that will be felt for generations to come) If you do not believe that the various parties came together into a coalition via an MOU then you must readily accept Kamale's position that Ford-K, LDP, DP etc do not exist at all within parliament in 'de jure' terms . But (and Miguna please guide me with the legal lingo), in de facto terms there is every reason to believe that Ford-K, LDP etc are active parliamentary parties complete with Chief Whips and Parliamentary Groups and that this situation has got a clear and significant effect on parliamentary business (of course one is free to argue that this is not the case)

de jure or de facto, the position the reality one chooses to see depends on where one gets his political education and the views one believes he/ she is championing.

[roughrider]

I need to put down my views on Raila’s article.

I thoroughly enjoyed it for various reasons. But I think Raila implies two important points that mark our political transformation.

First I think for the first time Raila is explaining what really went wrong with NARC: the president and his coterie, failed to recognize and work with the key partners who helped him and NARC win the elections. This is a classic political faux paus. Ensuring that the president and his cohorts pay for this is critical to reinforcing future political agreements (as is the norm in many established democracies)

Second: I am pleased to note and Raila’s piece implies this: Parties and coalitions are maturing: slowly but progressively. People should belong to parties based on what the parties stand for i.e. issues. And political parties should be the basis of our democracy, not individuals. If somebody from a different party is to be minister, then it should be because the issues/ policies that his party stands for will be given some hearing in that government…. And this is based on structured negotiation with the party.

The presidents continued obstinacy over this matter serves little purpose beyond the little ego-trip it affords him. It is retrogressive and unnecessarily wastes time. Churches and Diplomats cannot, do not, and will not form governments. Political parties will.

[miguna]

Folks:

Time is pressing down my neck, so, I'll be very brief.

Kamale, my brother from the slopes of Mount Kenya:

Hilarious to see you refer to me with my new mangled baptismal name, courtesy of the EA Standard. No, I have not changed my name. I've had no reason to. My parents seem to have been sufficiently poetic. I'm satisfied with their naming....ahaha!

Now, to some serious business.

1. I am going to refer you to my questions on the "ODM Should be Prepared to Govern" so that we do not engage in some cat and mouse game. Once you have fully and completely answered those simple questions, then I will respond, as usual. I promise you.

2. Unlike Kibaki who has never fulfilled a single promise (whether it is to Karume prior to the formation of Narc; the MOU that he signed; to the Narc activist with whom he has a lovely girl/young woman; to Kenyans re: new constitution; to Kenyans re: "I will reorganize my government in 2 weeks"; et cetera) - I keep my promises. Do you?

3. I am not so sure what you intended to say about the German coalition. Comparative analysis is very helpful; but only when one thoroughly understands what s/he is comparing. Are you sure you understand the differences between the German and the Kenyan political systems? Once you are sure about this, I will engage you on a coherent debate; not some run-away confusion.

Job & RR:

I appreciate your thoughts.

RR: I'm not sure why people always speak of "the MOU is not legally enforcible."

Who came up with this silly idea that the MOU is not legally enforcible? The assumption has been that because the "contract" was political, it is unenforcible. However, unenforcibility depends, among other things, on whether the "contract" itself had an "enforcement provision." For instance, the contract may say that in case of a dispute, the matter should be sent to arbitration, etc. Other contracts even suggest that enforcement refer to a specific provision within the contract itself. So, before we quickly say that it was not legally enforcebable, we need to look at the document, if we can find it....In any event, as far as I am concerned, the MOU was just recently "enforced" by the Kenyan people during the referendum vote. Kibaki & Kamale can choose to ignore the "people;s order" as they have selectively ignored those coming from the "Kibaki courts", but Kenyans know what awaits them.

Just because the contestants have not chosen to "test" the enforcibility of the MOU does not mean that it is unenforcible.

3. Finally Kamale, please keep my profession out of this matter. I have never dragged your "profession" into these debates, assuming that yours is a "real" profession.

Peace. [unedited]

-Miguna-

[job]

Kamale,

Let's get this straight,.......It's my right to vehemently display my ignorance just as it is your right to exhibit your ingenious pieces full of wisdom. You may possess a lot of wisdom,....wisdom which correctly predicted a resounding Banana referendum win,......the same wisdom which authoritatively informed you that Nairobi is pretty much a DP Chiefdom that belongs to Banana hawkers.

So, Professor Know-it-all, let me continue displaying my ignorance on Kenyan politics and NARC in particular, whether parliamentary or political, whether de-jure or de-facto.

NARC will not cease to be a coalition just because some "wise" tribalists say so. I'll repeat that the acronym NARC, self defines the political outfit as National Alliance of Rainbow COALITION. It's never been NARP (PARTY).

NARC does not have a leadership structure nor a manifesto or constitution. It's membership is not derived from individual members like you and I, but through corporate entities ( affiliate parties) .It's a loosely coined outfit without a firm base and that's just about it. NARC had to lease the registration of Charity Ngilu's NPK to facilitate the 2002 election of MP's affiliated to its various constituent parties. All these informal arrangements were done in de-facto good faith, with the belief that all parties were to stick to their side of bargain. So NARC is as fragile as Kibaki's promises.

That has never changed in the minds of truthful Kenyans. Of course we have some thugs used to grabbing everything in their sight without breaking a sweat. They refer to NARC as 'their party', in the same way they believe everything Kenyan is theirs. They've brainwashed their followers to believe so, and often have difficulty sharing anything.

Narc's formation in late October/ early November 2003 entailed the merger of NAK (National Alliance Party of Kenya) and LDP (Liberal Democratic Party) through a legal contract, MOU
witnessed by an Advocate, a Mr. Rachier.

Shortly after, Kibaki and his NAK faction reaffirmed the old stereotyped myth associated with him. He has never been trustworthy or grateful,......he has instead dismissed his allies and citizens, as pumbavu.

His followers continue with that same streak of display of arrogance against their fellow citizens. The nation is keenly witnessing.

For the sake of argument, keep on hanging on to NARC as "your" party,...by the way who are the Chairman, Secretary and Treasurer of NARC party?, Is it Kibaki, Michuki and Murungi.....just asking.

peace.

unedited.
Job.