Post by miguna on Dec 28, 2005 3:27:59 GMT 3
Kibaki’s Government Cannot Deliver
By MIGUNA MIGUNA* - © 26 December 2005
The primary function of a government is to deliver services to its citizens. In a democracy, the majority normally elects a political party and its leader(s) into power on the basis of the pre-election service-delivery promises they made. The more credible the promises and commitments, the better the chances of the contesting parties and their leaders. No party has legitimately won a competitive democratic contest without pre-election promises. After elections are over, the new governing party and its leader are expected to start on the path towards service delivery to all its people. This has to occur immediately following the swearing in ceremony. Routinely, a newly elected government aspires to deliver on almost all its major pre-election promises within 18 months of taking power. In a five-year term, initiatives during the last months in power become periods of re-election. Thus, Kibaki has essentially passed the service delivery period and is well into his re-election mode. As unfortunate as this situation is, Kenyans must, therefore, come to terms with the reality that Kibaki will never deliver on his pre-election promises. His concentration, energy and resources will be focused on re-election. Anything else being pandered by State House cannot be credible.
The Narc/Kibaki government was sworn in January 2003. It has been 36 months since that swearing in ceremony – not 18 months – and yet, this government has not delivered on any of its main pre-election promises. For those in need of reminders, it is disappointing to note that 36 months on, Kenyans are still being governed under the old constitution, not because the task is daunting, but merely due to president Kibaki’s refusal to support a genuine process that would see a new people-driven constitution promulgamated. He also failed to initiate any meaningful programs at creating 500,000 jobs each year for ordinary Kenyans. The Goldenberg scandal has not been resolved. Neither have we been told why the perpetrators of past economic and human rights crimes are still walking freely in our streets. There has been no explanation from Kibaki on the fate of billions of shillings that were plundered and stashed in Kenya and abroad. Both past and recent political assassinations remain unsolved. In stead of wrestling grand corruption to the ground, we have seen and heard of mega corruption such as Anglo Leasing emerging during Kibaki’s reign. We were promised a clean surgical operation of the judiciary and a reform of the police force. Tribalism was also supposed to be a thing of the past.
However, what we have experienced in the past 36 months is not just the continued proliferation of corruption, but its entrenchment into all sectors of our economy. Initially, there was a surgical operation on the judiciary all right, but rather than the complete removal of the “tumours”, new and scarier ones got planted by the new power barons. Specific individual judicial officers from particular ethnic groups were unceremoniously (and at times even illegally) removed from their esteemed perches. But rather than replace them with competent and “clean” individuals based on transparent and tested criteria, ethnic power barons recruited their relatives, lovers, business associates and tribal kinsmen and women. In stead of an open recruitment process that is professionally managed through a revamped Judicial Council, all appointments were made secretly and privately by president Kibaki and his closest cronies. As for the police force, it remains as roguish, corrupt and incompetent as ever before. In short, nothing has changed.
Kibaki does not live by example. Neither does he drink what he preaches. It is president Kibaki that disbanded the Narc Summit and refused to implement the MOU he signed with the LDP. He chose to work with his cronies rather than together with his coalition partners. Kibaki has proven time and again that he prefers unilateralism rather than collegialism. President Kibaki does not truly believe in consultation and inclusiveness.
During the Bomas Constitution review process, he was persistently opposed to the popular preparation of a draft that was supported by the majority of Kenyans through their delegates. Through his palace troops like Kiraitu, Awori, Muite el al, Kibaki undermined the Bomas process and ultimately created unnecessary conflicts, misunderstandings and the so-called “contentious issues” out of the blue. However, when his efforts and schemes failed to completely derail Bomas, he started the process of watering down all gains made at Bomas. Rather than engage in an all-inclusive process, he chose a few of his wealthy doting friends such as Nyachae, Michuki, Karume and others to help in facilitating the mangling of the draft that had been collectively prepared at Bomas. Not only were these people thoroughly unpopular and lacked the requisite skills in constitution-making, they were also detached from the realities of the ordinary Wanjiku/Atieno/Moraa and therefore could not pretend to be representing her interests. The final version of Kibaki’s Mongrel draft was not prepared collectively or inclusively by people’s representatives; it was manufactured in secret by some ubiquitous and unaccountable State House operatives in an expensive tourist resort in Kilifi.
Rather than being all-inclusive, Kibaki chose to be completely exclusive. Objective, well-meaning and good-faith entreaties from Kenyans in general and some of his former cabinet ministers, in particular, only met with degrading insults. Thus pumbavu became a national vocabulary of Kenyans of all ages.
The arrogant recklessness that accompanied Kibaki’s attempts at selling his rotten Banana Draft Constitution to Kenyans only heightened tensions and disquiet among this country’s citizenry. Even after he was roundly beaten by the Orange camp at the national referendum he forced on Kenyans on 21 November 2005, Kibaki refused to accept defeat honourably. In stead, he kicked out all Orange supporters from his government and engaged in a foolish purge of suspected Orange sympathizers from the civil service. Kibaki did not choose unity and forgiveness; he chose vindictiveness and vendetta.
President Kibaki does not respect institutions and coherent structures. Neither does he honestly believe in multi-party democracy. That is why he disbanded the Narc Summit, treated Narc as if it was his private property, repeatedly stated that Narc affiliate parties were obsolete, refused to hold structured consultations with Narc’s affiliate parties and continues to poach members of other political parties in order to buy himself a lifeline. Rather than work with strong political parties, Kibaki prefers operating through weak entities and selfish power barons. He deliberately plays musical chairs in stead of making decisions based on policies, programs and vision.
That is why president Kibaki’s call for an all-inclusive constitution review process where both Banana and Orange supporters work together to bring forth a constitution acceptable to all Kenyans must be viewed with both skepticism and suspicion. Had president Kibaki shown, through his previous utterances and actions, that he cares about our views, that he respects all promises and commitments he makes, that he believes in political institutions, that he honestly respects multi-party democracy, and that he is magnanimous in defeat, Kenyans could have taken his newly announced willingness to see the birth of a new people-driven constitution before his term expires seriously.
Looking only at his record, Kenyans have no reason to trust Kibaki on his apparent new found love for a people driven constitution. Neither should we trust his belated “promise” to resettle squatters in the Coast Province, ban beach plots from foreign ownership (since no foreigner should be permitted to own land in Kenya anyway, just as foreigners are not allowed to own land in Canada, for example) and deal with the famine situation.
Had Kibaki been serious about these problems within 18 months of taking power, we would not be confronting shameful pictures of thousands of Kenyans who are homeless, unemployed and starving. Had Kibaki been serious about his pre-election promises, grand corruption, police brutality, tribalism and sectarianism would have died permanently in December 2002. Kibaki is now desperately trying to use the people’s desire for a new constitution, the land issue and the tragic famine as his re-election initiatives. Kenyans must be prepared to tell him that these half-hearted attempts are both too late and completely inadequate. Kibaki cannot do in the remaining 23 months what he has not been able to achieve in the past 36 months.
______________________________________________________________________
*The writer is a Barrister & Solicitor in Toronto, Canada
By MIGUNA MIGUNA* - © 26 December 2005
The primary function of a government is to deliver services to its citizens. In a democracy, the majority normally elects a political party and its leader(s) into power on the basis of the pre-election service-delivery promises they made. The more credible the promises and commitments, the better the chances of the contesting parties and their leaders. No party has legitimately won a competitive democratic contest without pre-election promises. After elections are over, the new governing party and its leader are expected to start on the path towards service delivery to all its people. This has to occur immediately following the swearing in ceremony. Routinely, a newly elected government aspires to deliver on almost all its major pre-election promises within 18 months of taking power. In a five-year term, initiatives during the last months in power become periods of re-election. Thus, Kibaki has essentially passed the service delivery period and is well into his re-election mode. As unfortunate as this situation is, Kenyans must, therefore, come to terms with the reality that Kibaki will never deliver on his pre-election promises. His concentration, energy and resources will be focused on re-election. Anything else being pandered by State House cannot be credible.
The Narc/Kibaki government was sworn in January 2003. It has been 36 months since that swearing in ceremony – not 18 months – and yet, this government has not delivered on any of its main pre-election promises. For those in need of reminders, it is disappointing to note that 36 months on, Kenyans are still being governed under the old constitution, not because the task is daunting, but merely due to president Kibaki’s refusal to support a genuine process that would see a new people-driven constitution promulgamated. He also failed to initiate any meaningful programs at creating 500,000 jobs each year for ordinary Kenyans. The Goldenberg scandal has not been resolved. Neither have we been told why the perpetrators of past economic and human rights crimes are still walking freely in our streets. There has been no explanation from Kibaki on the fate of billions of shillings that were plundered and stashed in Kenya and abroad. Both past and recent political assassinations remain unsolved. In stead of wrestling grand corruption to the ground, we have seen and heard of mega corruption such as Anglo Leasing emerging during Kibaki’s reign. We were promised a clean surgical operation of the judiciary and a reform of the police force. Tribalism was also supposed to be a thing of the past.
However, what we have experienced in the past 36 months is not just the continued proliferation of corruption, but its entrenchment into all sectors of our economy. Initially, there was a surgical operation on the judiciary all right, but rather than the complete removal of the “tumours”, new and scarier ones got planted by the new power barons. Specific individual judicial officers from particular ethnic groups were unceremoniously (and at times even illegally) removed from their esteemed perches. But rather than replace them with competent and “clean” individuals based on transparent and tested criteria, ethnic power barons recruited their relatives, lovers, business associates and tribal kinsmen and women. In stead of an open recruitment process that is professionally managed through a revamped Judicial Council, all appointments were made secretly and privately by president Kibaki and his closest cronies. As for the police force, it remains as roguish, corrupt and incompetent as ever before. In short, nothing has changed.
Kibaki does not live by example. Neither does he drink what he preaches. It is president Kibaki that disbanded the Narc Summit and refused to implement the MOU he signed with the LDP. He chose to work with his cronies rather than together with his coalition partners. Kibaki has proven time and again that he prefers unilateralism rather than collegialism. President Kibaki does not truly believe in consultation and inclusiveness.
During the Bomas Constitution review process, he was persistently opposed to the popular preparation of a draft that was supported by the majority of Kenyans through their delegates. Through his palace troops like Kiraitu, Awori, Muite el al, Kibaki undermined the Bomas process and ultimately created unnecessary conflicts, misunderstandings and the so-called “contentious issues” out of the blue. However, when his efforts and schemes failed to completely derail Bomas, he started the process of watering down all gains made at Bomas. Rather than engage in an all-inclusive process, he chose a few of his wealthy doting friends such as Nyachae, Michuki, Karume and others to help in facilitating the mangling of the draft that had been collectively prepared at Bomas. Not only were these people thoroughly unpopular and lacked the requisite skills in constitution-making, they were also detached from the realities of the ordinary Wanjiku/Atieno/Moraa and therefore could not pretend to be representing her interests. The final version of Kibaki’s Mongrel draft was not prepared collectively or inclusively by people’s representatives; it was manufactured in secret by some ubiquitous and unaccountable State House operatives in an expensive tourist resort in Kilifi.
Rather than being all-inclusive, Kibaki chose to be completely exclusive. Objective, well-meaning and good-faith entreaties from Kenyans in general and some of his former cabinet ministers, in particular, only met with degrading insults. Thus pumbavu became a national vocabulary of Kenyans of all ages.
The arrogant recklessness that accompanied Kibaki’s attempts at selling his rotten Banana Draft Constitution to Kenyans only heightened tensions and disquiet among this country’s citizenry. Even after he was roundly beaten by the Orange camp at the national referendum he forced on Kenyans on 21 November 2005, Kibaki refused to accept defeat honourably. In stead, he kicked out all Orange supporters from his government and engaged in a foolish purge of suspected Orange sympathizers from the civil service. Kibaki did not choose unity and forgiveness; he chose vindictiveness and vendetta.
President Kibaki does not respect institutions and coherent structures. Neither does he honestly believe in multi-party democracy. That is why he disbanded the Narc Summit, treated Narc as if it was his private property, repeatedly stated that Narc affiliate parties were obsolete, refused to hold structured consultations with Narc’s affiliate parties and continues to poach members of other political parties in order to buy himself a lifeline. Rather than work with strong political parties, Kibaki prefers operating through weak entities and selfish power barons. He deliberately plays musical chairs in stead of making decisions based on policies, programs and vision.
That is why president Kibaki’s call for an all-inclusive constitution review process where both Banana and Orange supporters work together to bring forth a constitution acceptable to all Kenyans must be viewed with both skepticism and suspicion. Had president Kibaki shown, through his previous utterances and actions, that he cares about our views, that he respects all promises and commitments he makes, that he believes in political institutions, that he honestly respects multi-party democracy, and that he is magnanimous in defeat, Kenyans could have taken his newly announced willingness to see the birth of a new people-driven constitution before his term expires seriously.
Looking only at his record, Kenyans have no reason to trust Kibaki on his apparent new found love for a people driven constitution. Neither should we trust his belated “promise” to resettle squatters in the Coast Province, ban beach plots from foreign ownership (since no foreigner should be permitted to own land in Kenya anyway, just as foreigners are not allowed to own land in Canada, for example) and deal with the famine situation.
Had Kibaki been serious about these problems within 18 months of taking power, we would not be confronting shameful pictures of thousands of Kenyans who are homeless, unemployed and starving. Had Kibaki been serious about his pre-election promises, grand corruption, police brutality, tribalism and sectarianism would have died permanently in December 2002. Kibaki is now desperately trying to use the people’s desire for a new constitution, the land issue and the tragic famine as his re-election initiatives. Kenyans must be prepared to tell him that these half-hearted attempts are both too late and completely inadequate. Kibaki cannot do in the remaining 23 months what he has not been able to achieve in the past 36 months.
______________________________________________________________________
*The writer is a Barrister & Solicitor in Toronto, Canada