Raila's Gag Order: Very Strange

[adongo23456]

May be it is only me but I find this so called letter from Kibaki to Raila regarding his duties/powers and ordering him on what he can say or not say as very strange. As far as Kenyans are aware the PM's position and powers are constitutionally provided for.

The PM is not an appointee of the president and so the idea of the president issuing a letter of appointment so to speak makes no sense to me. Of course the two principals could draw terms of engagement on how to work together. Such a document would have to be drawn jointly by the two parties and their lawyers and can never be in terms of a letter from one to the other. Now we see where the rain started pouring on the NARA deal. One side succumbed to the other. This is terrble.

May be this explains what akello has been saying here that Raila placed to much trust on Kibaki and his handlers and is likely to pay dearly for that unless he gets his act together and start acting as an equal partner with the president not his loyal assistant in the GCG.

And to make it worse Raila has to suffer all these humiliation in silence as he supervises ministries without the right to make public statements and raise issues that he is uncomfortable with. Talk about handcuffs. These are double and triple handcuffs.

So what happens if Raila breaches the terms of his APPOINTMENT letter? Does Kibaki fire him? Oh dear!

This is weird and ridiculous. Raila owes Kenyans a lot of explanation for allowing himself to be a Kibaki employee after Kenyans fought so hard to make him a constitutionally appointed Prime Minister. It doesn't matter whether this was done in good faith. It was a betrayal of the principle, intent and spirit of the NARA legislation.

President Kibaki and his inner circle were obviously scheming to sabotage the NARA legislation. It was however the duty of the PM to reject that scheme and stand by what was passed in the National Assembly. And we wonder why Kibaki is dragging Raila into the filth of the failing GCG.

And who leaked this letter to the Daily Nation and for what purpose. We are sure glad we know what the heck is going on.

www.nation.co.ke/News/-/1056/532994/-/u2ghib/-/index.html

Nearly a year after Mr Raila Odinga was named Prime Minister, the Saturday Nation can now reveal the terms of appointment that give the ODM leader far more power than generally believed — and the reasons for his cautious approach to disagreements within the grand coalition.

The appointment letter signed by President Kibaki gave Mr Odinga immense influence over all operations of government, but also came with gagging clauses that forbid him from public criticism of the government and major policy pronouncements that have not been cleared by the Cabinet.

Sometimes accused of remaining unusually quiet about major scandals in ministries and departments – whose roles he coordinates and supervises – a peep into his letter of appointment shows that he could be doing a lot more to tackle corruption – but away from the public limelight.

Mr Odinga’s appointment letter advises him to perform many of his roles quietly either in the Cabinet or in other government offices.

According to the otherwise outspoken leader’s appointment letter, he is not “at liberty to criticise or differ from the Government outside immediate (government) circles”.

“Neither are you at liberty to announce major policy decisions without having to put the matter in question before the Cabinet,” according to the letter.

It has also been established that although his roles are widely thought to be limited to coordination among ministries, the PM has far more functions and powers that clearly make him much more superior to Vice-President Kalonzo Musyoka with whom he has frequently been weighed against.

According to his appointment letter, Mr Odinga is asked to be in charge of aiding and advising President Kibaki.

“You will also be collectively responsible to the National Assembly for all decisions taken by government and done by or under the authority of the President, Vice-President, deputy prime ministers or any other minister,” says the letter.

Although some in ODM have often complained that the Mr Odinga’s supervisory and coordination powers are not clearly spelt out, the appointment letter clearly gives him some very specific functions.

According to the letter, the Prime Minister is responsible for ensuring that all ministries operate “efficiently and in particular that public resources are utilised effectively, transparently and that the principle of accountability is upheld.”

Mr Odinga is also in charge of formulation, presentation and articulation of Cabinet memoranda, sessional papers and other policy issues emanating from ministries and Cabinet.

Drawing salary

He is also supposed to be responding to parliamentary questions touching on government, a role normally reserved for the Vice-President in his capacity of leader of Government Business in the House.

Mr Odinga’s other role is to provide policy direction and guidance on policy issues that need to be implemented.

Soon after the appointment nearly one year ago, Mr Odinga was involved in an unseemly public tussle with Mr Musyoka over who should take precedence in the pecking order.

That matter was resolved when Mr Odinga asserted his supremacy by virtue of the fact that it was he, as ODM leader, who signed the power-sharing pact with President Kibaki; while the Vice-President, the ODM Kenya leader, was already in an alliance with the Presidents’ party, PNU.

There have, however, been some unresolved issues behind the scenes. Recently, the Nation revealed that the Prime Minister had not been drawing a salary since his appointment in protest at being put at the same grade as the VP while the National Accord and Reconciliation pact thrust him at par with the President.

Head of Civil Service Francis Muthaura had proposed that the PM’s monthly salary be the same as that of Mr Musyoka at Sh1.3 million, with deputy prime ministers Musalia Mudavadi and Uhuru Kenyatta getting Sh950,000.

Some ODM MPs said Mr Odinga’s pay should match that of President Kibaki, who gets a Sh2 million basic salary and draws allowances of Sh1.2 million monthly.

MPs from ODM have also protested on various occasions that Mr Muthaura has been usurping the Prime Minister’s powers.

The letter of appointment shows that the PM’s supervisory and coordination functions, if properly applied, would actually take away some of the duties currently performed by the head of public service, who also serves as secretary to the Cabinet.

They have even suggested that the post be scrapped since the powers are now exercised by the Prime Minister.

Early this week, Mr Odinga rejected remarks by some ODM MPs who claimed the coalition power sharing deal was tilted in favour of PNU. He said the deal was even.

The government came to power as a compromise to end the bloody post-election violence that led to the killing of more than 1,000 people.

The violence followed the December 27, 2007, General Election in which the now disbanded Electoral Commission of Kenya declared President Kibaki the winner.

But ODM rejected the results arguing they had been rigged against Mr Odinga, triggering fighting among supporters of both parties in some regions of the country.

In his role, Mr Odinga has to “share with your Cabinet colleagues responsibility for the policy and administration of the government”.

His letter says: “Outside these close government circles, you must, at all times, support the policies of the government both in public and in private.

“Recognising and accepting unreservedly the principle of collective responsibility as embodied in the Constitution is a condition of this appointment.”

It explains why Mr Odinga recently explained why he had changed tack, saying he had chosen to change things from the inside of the government, which he was part of.

In public, he had resorted to making policy statements, including his announcement that the ECK was to be disbanded or inviting an audit into operations at the troubled National Cereals and Produce Board.

“I have no doubt that you will do your best to discharge your duties diligently and wholeheartedly for the benefit of the people of Kenya,” President Kibaki, who wrote the letter, said.

[politicalmaniac]

Is this a harbinger of things to come? Grumbling of the GCG? Is it a ruse to obfuscate on katiba? STK?
I think the sloth has thrown down the gauntlet here.

This makes it urgent fo the animal THE GCG TO BE DECAPITATED.
It aint working.

R to them is a glorified "spanner boy", thats why they can afford to write such a letter, dripping with condescensation (sp).

[einstein]

Great news. I can only shake my head in amusement! I thought we've been asking Raila ALL along to finally start behaving like one of the principals or else stop yapping about power-sharing on a 50-50 basis. Isn't there a thread here on Jukwaa where some people wonder aloud thus: "Why Do We Keep Losing Our Leading Lights??!!"

If Raila signed a letter like that, then that was the height of betrayal of the many Kenyans who have always believed in him.

I'm slowly but surely getting tired of this kind of sh!t coming out on a daily basis. I might be better off leading my life quiescently. But I bet we find ourselves in a much bigger battle than we thought and that HAS to be won and hence every foot soldier counts in this war.

Since Raila committed himself by signing that letter, there is nothing more he can do to reverse it till the GCG comes to an end latest 2012. I cannot think of any immediate solution other than to wait it out till 2012!

[kamalet]

Raila must stop thinking Kenyans are dunderheads and just go!

He signed this letter last year when accepting his appointment as PM in accordance with NARA.

Now that he is under pressure for doing nothing, he arranges for his letter to be leaked to the media explaining why he is quiet when the government he leads as PM is burning with scandal after scandal! This is especially when religious leaders and other Kenyans lump him together with Kibaki accusing them of incompetence!

You ain't going anywhere mate - you are knee deep in the sh!t and you might just as well accept you have failed Kenyans rather than hide behind a letter to explain away your silence! This Dennis Onyango idiot in your office is not helping your cause. Salim needs to be brought back hata kama it is pro bono!

[johns]

These are the kind of things which lend credence to the notion that Raila indeed failed ODM. What motivated him to append his signature on a document which basically relegated him to junior partnership in this GCG? I don not think ODM got a better deal out of NARA and this became only possible because of lack of strong leadership during the negotiation.

Has Raila stopped to ask himself what could have happened if he had refused to play subservient to Kibakis terms? After all ODM was in stronger position then and should have been dictating terms based on the validity of their claim to power which everybody had come to accept. Another missed chance and look where it has gotten us. No wonder he chases rainbows these days and seem out of step to the goings around the very government he head. ODM supporters must demand from Raila that he show some spine and articulate the concerns of the majority or he resign from leadership. We can not afford to continue with either bad leadership or no leadership at a time when our very survival as a nation is at stake.

Kenyans must demand that this GCG live by the principles which NARA was founded on or discard the entire rubbish altogether and start a new dispensation. We can all attest to the fact that; the present mongrel is not benefiting anyone except the corrupt who incidentally are perched at the top of the perking order while the nations soul is slowly dying and running out of peaceful options. The sad thing about it is: both Kibaki and Raila are totally unconcerned and detached to reality to the extent that one wonder whether they are human at all.

[kangethe]

Right on point Johns. Leadership calls for difficult decisions. By the way, is this leak supposed to be an explanation to the country of Raila's inaction? Does the recent dress down by the religious heads have anything to do with it?

[adongo23456]

Feb 21, 2009 2:09:03 GMT 3 kamalet said:

Raila must stop thinking Kenyans are dunderheads and just go!

He signed this letter last year when accepting his appointment as PM in accordance with NARA.

Now that he is under pressure for doing nothing, he arranges for his letter to be leaked to the media explaining why he is quiet when the government he leads as PM is burning with scandal after scandal! This is especially when religious leaders and other Kenyans lump him together with Kibaki accusing them of incompetence!

You ain't going anywhere mate - you are knee deep in the sh!t and you might just as well accept you have failed Kenyans rather than hide behind a letter to explain away your silence! This Dennis Onyango idiot in your office is not helping your cause. Salim needs to be brought back hata kama it is pro bono!

Kamale,

Relax.

What are you mad about? Why is Dennis Onyango an "idiot"?

Now please give us the juicy details of how Raila arranged for the letter to be released. Obviously you know about the letter and how it got to the media than we do. So fill us in please, just for the sake of sharing information.

The last time I checked the Nation was practically a PNU mouthpiece and all you folks have been screaming how the Standard is a rag that supports Raila. How did Raila take over the Nation?

I am not that shocked that at one time you seem to accept that this letter which gags the PM actually exists and was signed by Raila while at the same time you insinuate that Raila has not been gagged? What gives?

"You ain't going anywhere mate"? Really. Haven't you been saying the same for like four years now? Why are we here? Since when did the Kamales of this world determine where Raila is going? You brought Uhuru, Moi and Ruto to fight the man. He kicked your butts. Your folks minted the MOU, robbed the nation dry to win the 2007 elections, the man kicked some butt again. Now what makes you think that your type or whoever you have identified with for the last I don't know how many years will determine where Raila goes?

How has Raila failed Kenya? Kibaki, the thief you support according to the very revealing Githongo book is a bona fide thief. They robbed Kshs 56 billion in the Anglo Fleecing and associates. This is now publicly accepted as a fact and the evidence from the Githongo book are riveting. How come that does not bother you at all if you are that much concerned about Kenya. Please spare as the false outrage. Kenyans are not that dumb.

As far as this hideous LETTER OF APPOINTMENT is concerned, the discussion is just beginning. Kibaki had no business giving Raila a letter of appointment for the simple reason that the PM is not an employee of the president. Raila had no business accepting this nonsense after M.Ps fought so hard to have NARA enacted into law. This garbage letter has to be thrown out.

If Raila wants to be a Kibaki employee, let him go work in his shamba. That is his choice. The PM of Kenya is not an employee of the president period. In fact the ODM even reserves the right to remove Raila from the PM's position if he refuses to rescind that letter. That is how serious this is going to be. Raila may have been well meaning but even from your own words he should know it makes no sense to be well meaning working with poisonous snakes unless you are a fool.

This is not a letter drafted under NARA as you claim.

The letter should have been jointly drafted and read something like this:

In Accordance with the NARA legislation establishing the office of the PM, the duties and responsibilities of the PM will be as follows.............

What we have is a private letter drafted by Muthaura and unbelievably accepted by Raila. Kenyans must reject this garbage and will tell Raila and Kibaki just that much. Whoever leaked this letter did Kenyans a big favour.

The battle is just beginning.

adongo

[einstein]

Feb 21, 2009 2:40:15 GMT 3 johns said:

These are the kind of things which lend credence to the notion that Raila indeed failed ODM. What motivated him to append his signature on a document which basically relegated him to junior partnership in this GCG? I don not think ODM got a better deal out of NARA and this became only possible because of lack of strong leadership during the negotiation.

Has Raila stopped to ask himself what could have happened if he had refused to play subservient to Kibakis terms? After all ODM was in stronger position then and should have been dictating terms based on the validity of their claim to power which everybody had come to accept. Another missed chance and look where it has gotten us. No wonder he chases rainbows these days and seem out of step to the goings around the very government he head. ODM supporters must demand from Raila that he show some spine and articulate the concerns of the majority or he resign from leadership. We can not afford to continue with either bad leadership or no leadership at a time when our very survival as a nation is at stake.

Kenyans must demand that this GCG live by the principles which NARA was founded on or discard the entire rubbish altogether and start a new dispensation. We can all attest to the fact that; the present mongrel is not benefiting anyone except the corrupt who incidentally are perched at the top of the perking order while the nations soul is slowly dying and running out of peaceful options. The sad thing about it is: both Kibaki and Raila are totally unconcerned and detached to reality to the extent that one wonder whether they are human at all.

If my memory serves me right, I think it was ONLY Kamale in the entire Jukwaa fraternity who told us last year after the NARA accord was signed that Raila got a very raw deal! We all refused to see that reality and now one year later the truth is coming out!!

I also think asking Raila to resign midstream is akin to asking Ruto to take political responsibility for his incompetence at the Ministry of Agriculture. If Raila could not ask Ruto to step aside, who will ask Raila to resign for this obvious betrayal?? Raila will hang onto power till latest 2012!

Lastly, I think it would be prudent of ALL of us on Jukwaa to stop attributing any leadership failures on the part of ODM to PNU machinations. Nobody forced Raila to sign such a fraud of a document and he has to take full responsibility, NSIS and PNU involvement notwithstanding! I'm very mad!!!

[akello]

i don’t doubt that report at all. raila must have signed that terrible gag order from kibaki. to me, that is a very small matter, there is a bigger and more omnious gagging accord called NARA where he also put his signature.

that should be the real concern, not these small orders that raila himself has broken severally. i’ve heard him call for the sacking of police commissioner and call for rejection of pay requests by ECK commissioners. i also find offense in that DN report trying to mislead us that the PM in fact wields a lot of powers. that is not true. that should be the real contention, not small things like lifting a gag order.

umpteen times i have sounded the need for renegotiation of NARA because there will be no reforms under the current arrangement. kibaki hanged onto all imperial powers and the gridlock is evident as we await a vicious succession battle that may not be any better than 2007. kibaki is steering the direction all fake reforms are going and that is potentially dangerous for the security of kenya.

in another thread we gave suggestions of specific areas for renegotiation and how to achieve that which involves kofi annan. may be people will only pay attention to kofi the next time the country is burning.

i was unceremoniously dismissed when i sounded my cynicism about all reform paths (kriegler/elections, waki/CIPEV, constitution, land, poverty) being blocked by kibaki and his succession crew. everyone is seeing where we are headed now. i can see the same path that gave us the wako draft that was rejected at the referendum.

raila still gives kibaki and the gcg the benefit of doubt even stating that NARA is fine and 50:50 is being observed. i beg to differ with people dismissing NSIS's role in the current mess. NSIS is succeeding in tying the PM to all things that are going wrong in the country.

let us start asking with open minds who really controls the SGR (maize reservoir) and whether they manufactured an artificial shortage to invite wrath on ODM. why is kibaki now saying no Kenyan will die of hunger. and i hear raila cannot talk these things under his gag. the SGR is definitely not run by ruto but by the president's office and special programmes. why is kibaki and shaban (both PNU) not being blamed by the public for the hunger?

raila must accept that he was too trusting and succumbed to NSIS divide-and-rule actions that are now threatening his party’s unity/survival. NSIS has covertly placed him and ruto at the center of the manufactured maize scandal. the total amount of maize ruto authorized released from NCPB is less than 1% the country’s total needs. even the UN has made a full report which doesn't finger ruto or even his ministry for the shortage.

raila is realizing this folly too late. he has fallen for these ploys that eventually pit him against his own party members he appointed to the cabinet. on the EA Standard Feb. 9th edition, it was reported by oscar obonyo that ;



“The prospect of another showdown in the House between the Party of National Unity and Orange Democratic Movement loomed large yesterday with Orange MPs rallying behind Ruto amid whispers in the party his tribulations were a plot by the National Security Intelligence Service (NSIS) to destabilise it.

The seriousness ODM attaches to the claim was discernible from the fact Health Minister Anyang’ Nyong’o accused the intelligence of allegedly fuelling confusion in the coalition by setting the Executive against the Legislature.

He further claimed NSIS was also meddling with the implementation of Agenda 4 as spelt out by the Serena mediation team.

Prime Minister Raila Odinga neither supported nor dismissed the claims against NSIS. Instead, he assured ODM supporters his party was in a 50-50 power-sharing arrangement with President Kibaki’s PNU.”



when the DN report is viewed in the context of issues above raised by nyongo, it can be assumed that raila is besieged in government. i agree that NSIS is the main source of raila’s problems. the second source is himself.

raila trusted kibaki too much and also took the issue of ODM unity lightly. NSIS must have taken advantage of both loopholes. NSIS has shs 10 billion a year at their disposal and dividing ODM is not difficult. media especially Daily Nation plays a big role in that.

this is how kibaki has been able to tame ODM’s superior legislative numbers. this is how the PSC Chairmanship ended up in PNU despite ODM having 14 members while PNU 13. NSIS can over-play rivalry between ruto and musalia, trigger national blame and wrath upon ruto/ODM/PM over maize, concoct tensions between raila and ruto, and cost ODM that PSC chairmanship. the consequences of that we can see today in IIEC appointees.

with kibaki atop the nara arrangement and no renegotiations, we will be soiling and contaminating any attempts at real reforms. the process of creating a new voter register will be contaminated. the process of creating an interim boundaries review commission will be politicised and polluted.

setting out new electoral laws, eck structure and management will all be infected with kibaki's deadly spell. police reforms will produce a worse outcome. muthaura and company will continue messing up the civil service. public assets (GRH, Tana land, airport land, oil refineries, parastatals) will all be looted. kibaki will also have the added authority to appoint judges in the proposed electoral dispute resolution court to 'arbitrate' the next election 'dispute'. we are taking these very important matters lightly.

[denno]

Adongo, NARA or no NARA don't you think Raila showed weakness, poor judgement and power greed if the the letter is indeed real? If he signed this letter did he consult ODM or does is RAILA ODM and ODM RAILA just asking

[adongo23456]

einstein

Whatever jua kali document signed between Kibaki and Raila has nothing to do with NARA. In fact is against the NARA legislation in principle, intent and spirit. So I do not actually get your point. NARA provides the powers of the PM in the constitution of the republic and does not provide for a letter of appointment from the president. Do cabinet ministers get letters of appointment? No. Why? Because there duties and responsibilities are defined in the constitution. In the same way the powers of the PM are constitutional and there is no need for a letter of appointment period. This was an aberration.

This dubious letter of appointment is to best of my knowledge a private and for the most part an illegal deal between Kibaki and Raila. It has no standing according to NARA legislation. Nowhere in NARA legislation is the PM an employee of the president to accept terms of employment from the same. In fact the opposite is the case.

Let's not blame NARA even where it has been abused and contravened.

adongo

[adongo23456]

Feb 21, 2009 3:43:49 GMT 3 denno said:

Adongo, NARA or no NARA don't you think Raila showed weakness, poor judgement and power greed if the the letter is indeed real? If he signed this letter did he consult ODM or does is RAILA ODM and ODM RAILA just asking

Just read what I have posted already right from the top. The basis on which I started this thread is that Raila screwed up big time, but don't expect me to join the Raila bashing choir. It is too toxic for me. Has always been. I am sorry.

adongo

[einstein]

Feb 21, 2009 3:44:07 GMT 3 adongo23456 said:

einstein

Whatever jua kali document signed between Kibaki and Raila has nothing to do with NARA. In fact is against the NARA legislation in principle, intent and spirit. So I do not actually get your point. NARA provides the powers of the PM in the constitution of the republic and does not provide for a letter of appointment from the president. Do cabinet ministers get letters of appointment? No. Why? Because there duties and responsibilities are defined in the constitution. In the same way the powers of the PM are constitutional and there is no need for a letter of appointment period. This was an aberration.

This dubious letter of appointment is to best of my knowledge a private and for the most part an illegal deal between Kibaki and Raila. It has no standing according to NARA legislation. Nowhere in NARA legislation is the PM an employee of the president to accept terms of employment from the same. In fact the opposite is the case.

Let's not blame NARA even where it has been abused and contravened.

adongo

Adongo,

Fact is that Raila signed that jua kali document and that it is legally binding between him and Kibaki. There is nothing you, myself or anybody for that matter can do to undo it! It will hang around Raila's neck till the GCG ends or is brought down by the people. You cannot always defend the indefensible!!

Let us stop sideshows and with that I rest my case and will take a well deserved break from Jukwaa till we ALL become sane again. Otherwise, I've gone gaga temporarily for the moment!

[einstein]

Feb 21, 2009 3:34:48 GMT 3 @akello said:

i don’t doubt that report at all. raila must have signed that terrible gag order from kibaki. to me, that is a very small matter, there is a bigger and more omnious gagging accord called NARA where he also put his signature.

that should be the real concern, not these small orders that raila himself has broken severally. i’ve heard him call for the sacking of police commissioner and call for rejection of pay requests by ECK commissioners. i also find offense in that DN report trying to mislead us that the PM in fact wields a lot of powers. that is not true. that should be the real contention, not small things like lifting a gag order.

umpteen times i have sounded the need for renegotiation of NARA because there will be no reforms under the current arrangement. kibaki hanged onto all imperial powers and the gridlock is evident as we await a vicious succession battle that may not be any better than 2007. kibaki is steering the direction all fake reforms are going and that is potentially dangerous for the security of kenya.

in another thread we gave suggestions of specific areas for renegotiation and how to achieve that which involves kofi annan. may be people will only pay attention to kofi the next time the country is burning.

i was unceremoniously dismissed when i sounded my cynicism about all reform paths (kriegler/elections, waki/CIPEV, constitution, land, poverty) being blocked by kibaki and his succession crew. everyone is seeing where we are headed now. i can see the same path that gave us the wako draft that was rejected at the referendum.

raila still gives kibaki and the gcg the benefit of doubt even stating that NARA is fine and 50:50 is being observed. i beg to differ with people dismissing NSIS's role in the current mess. NSIS is succeeding in tying the PM to all things that are going wrong in the country.

let us start asking with open minds who really controls the SGR (maize reservoir) and whether they manufactured an artificial shortage to invite wrath on ODM. why is kibaki now saying no Kenyan will die of hunger. and i hear raila cannot talk these things under his gag. the SGR is definitely not run by ruto but by the president's office and special programmes. why is kibaki and shaban (both PNU) not being blamed by the public for the hunger?

raila must accept that he was too trusting and succumbed to NSIS divide-and-rule actions that are now threatening his party’s unity/survival. NSIS has covertly placed him and ruto at the center of the manufactured maize scandal. the total amount of maize ruto authorized released from NCPB is less than 1% the country’s total needs. even the UN has made a full report which doesn't finger ruto or even his ministry for the shortage.

raila is realizing this folly too late. he has fallen for these ploys that eventually pit him against his own party members he appointed to the cabinet. on the EA Standard Feb. 9th edition, it was reported by oscar obonyo that ;



“The prospect of another showdown in the House between the Party of National Unity and Orange Democratic Movement loomed large yesterday with Orange MPs rallying behind Ruto amid whispers in the party his tribulations were a plot by the National Security Intelligence Service (NSIS) to destabilise it.

The seriousness ODM attaches to the claim was discernible from the fact Health Minister Anyang’ Nyong’o accused the intelligence of allegedly fuelling confusion in the coalition by setting the Executive against the Legislature.

He further claimed NSIS was also meddling with the implementation of Agenda 4 as spelt out by the Serena mediation team.

Prime Minister Raila Odinga neither supported nor dismissed the claims against NSIS. Instead, he assured ODM supporters his party was in a 50-50 power-sharing arrangement with President Kibaki’s PNU.”



when the DN report is viewed in the context of issues above raised by nyongo, it can be assumed that raila is besieged in government. i agree that NSIS is the main source of raila’s problems. the second source is himself.

raila trusted kibaki too much and also took the issue of ODM unity lightly. NSIS must have taken advantage of both loopholes. NSIS has shs 10 billion a year at their disposal and dividing ODM is not difficult. media especially Daily Nation plays a big role in that.

this is how kibaki has been able to tame ODM’s superior legislative numbers. this is how the PSC Chairmanship ended up in PNU despite ODM having 14 members while PNU 13. NSIS can over-play rivalry between ruto and musalia, trigger national blame and wrath upon ruto/ODM/PM over maize, concoct tensions between raila and ruto, and cost ODM that PSC chairmanship. the consequences of that we can see today in IIEC appointees.

with kibaki atop the nara arrangement and no renegotiations, we will be soiling and contaminating any attempts at real reforms. the process of creating a new voter register will be contaminated. the process of creating an interim boundaries review commission will be politicised and polluted.

setting out new electoral laws, eck structure and management will all be infected with kibaki's deadly spell. police reforms will produce a worse outcome. muthaura and company will continue messing up the civil service. public assets (GRH, Tana land, airport land, oil refineries, parastatals) will all be looted. kibaki will also have the added authority to appoint judges in the proposed electoral dispute resolution court to 'arbitrate' the next election 'dispute'. we are taking these very important matters lightly.

Akello,

When Raila was kicked out of government by Kibaki post referendum, he managed to assemble one of the best secret service agents that almost matched the government's NSIS!! They unearthed the Artur brothers saga plus many more. Where is ALL that gone to now?? Did he disband it after ascending power??

Please, I believe that Raila has his own ears on the ground and just maybe they are not doing a good job anymore. You would do Raila a lot of favour by not covering his weaknesses by blaming NSIS and PNU ALL the time!!

Just like I told Adongo, I rest my case and will take a well deserved break from Jukwaa till we ALL become sane again. Otherwise, I've gone gaga temporarily for the moment! Hope to be back in a few months' time.

[adongo23456]

einstein

Relax. Take as much rest as you want. I am not a lawyer but I know this much. Raila can sign any binding document with Kibaki as long as it a private deal between the two of them say to exchange properties, to loan each other money etc. But any deal regarding the governance of the nation has to be governed by constitutional provisions.

This letter of appointment signed between Raila and Kibaki has no standing in law unless the ODM forgives Raila and lets it stand. If NARA was not in the constitution and Kibaki appointed Raila on his own terms and gave him that letter of appointment, then there is nothing anybody could do. Mercifully that is not the case. That is what the laws of land says as we speak.

But I think akello's point somewhere up there is very relevant. We need to focus on the big picture, namely the fact that the GCG is by and large dysfunctional. We can quibble with all these other staff and entertain the power brokers.

In my view with the emerging facts it is time to fully rethink the GCG from the bottom up. Raila has lost his vintage position by this revelation. It is going to be very interesting. May be this is what the country needs. Be careful what you ask for. That is my message to all sides. A free fall could be quite dangerous, but may be a welcome change from this madness called the GCG.

Anyway let me watch basketball and do other silly stuff. We will talk tomorrow.

adongo

[johns]

Adongo,

Allow me to ask you one question if you dont mind.

When is criticism of Railas policies or lack of considered constructive and not bashing? If we indeed want what is best for ODM, then wont it be appropriate to be frank and open with the way we discuss issues that are relevant to the well being of our nation as long as we stick and make distinctions between personal and policy differences?

[adongo23456]

Feb 21, 2009 4:50:01 GMT 3 johns said:

Adongo,

Allow me to ask you one question if you dont mind.

When is criticism of Railas policies or lack of considered constructive and not bashing? If we indeed want what is best for ODM, then wont it be appropriate to be frank and open with the way we discuss issues that are relevant to the well being of our nation as long as we stick and make distinctions between personal and policy differences?

johns

thanks for messing my plans to watch basketball with friends. If you read what I have posted in this thread right from the top to the one preceding your very post you might notice I have been more than critical of Raila and his moves and political decisions in regard to this matter. What am I supposed to do? Deliver his head? I won't be able to do that even if I wanted.

In fact the entire fabric of all the posts I have in this thread isto my mind a serious critique of the actions and in actions of one, Raila Amolo Odinga. I have done that many times both in person to him and in print plus here in Jukwaa. Check the archives or at least go through my posts right on this thread which I started precisely to critique Raila's moves.

What I refuse to do is to join the Raila Hate Society and I know you are not a member there. But I have nothing to do with those people and never will. I make no apologies for that. Not in this lifetime. So quite frankly I don't understand the basis of your question, at least not in this thread.

Thanks buddy.

Now I am gone for sure.

adongo

[mank]

At least someone said it ....

Feb 21, 2009 1:59:55 GMT 3 einstein said:

.....If Raila signed a letter like that, then that was the height of betrayal of the many Kenyans .....

It strikes me as odd that people like Adongo and Politicalmaniac do not express the kind of irritation I would expect from any person who has been analyzing events since PEV. PM, how can you spare Raila of any condemnation you have accorded Kibaki who you like to call sloth de Othaya, for swearing into office in darkness?

The whole world was out to push sloth de Othaya into ceding some power, for Kenya's interest, and through the act of Raila, Kenya and the world were hoodwinked to believe the objective had been reached .... but alas, Raila had for selfish reasons accepted a bribe in some dark alley, to be pawn of sloth de Othaya. It was all about Raila, after all!

I am not here to pretend that Kibaki is a better leader than Raila. I do not know who is worse. They are both awful, doing for themselves anything at the expense of Kenya no matter the situation.

[job]

Folks,

This is much ado about very little.

I think many of you also digressed a bit. The issue is about the gag letter and how it ended up in Raila's hands.

I think this was a laid trap.

It was a booby trap sent with a letter that was supposed to be positive for the Prime Minister.

NARA quetly gave the eligibility requirements qualifying one to be Prime Minister, but still has the wording in law that .....the President will appoint the Prime Minister .....

That meant it was Kibaki (as per constitution) who had to write the letter of appointment which was to be accepted and signed by Raila.

Raila never raised his voice when he realized all the disclaimers and captions underneath the so called appointment letter,..... which included this gag order.

I guess, to assume his maiden job as Prime Minister, and avoid any more protracted arguments, he must have just decided to sign the damn letter.

This is what this is about.

It tells me a few things;

1) The electoral thief Kibaki still felt the need to add unnecesary and unconstitutional disclaimers while discharging his MANDATED duty (mere formality) of originating an appointment letter for the Prime Minister.

2) Fearing a repeat of potentially embarrasing public rebuke from the PM and cabinet Ministers, as happened during the NAK vs LDP coalition of 2002, the gagging was a political calculation by the president's people aimed at clipping the PM's vintage independent mind.

3) If the PM decided to abide by those illegal rules, it would be difficult for him to freely express himself, the way he did as LDP Minister. If he did so, i guess he would also have demanded reciprocation from the President. thus even the president's ministers would not be at liberty to rebuke the PM freely the way Wekesa was trying to do before Kibaki silenced him.

4) If there is something potentially explosive the PM needs to relay to the public - he has numerous avenues to do so.

5) I don't think this letter is 'explosive' as the media is trying to portray.

6) Beware - the heading is misleading. The Daily Nation is a pro Kibaki publication and i think the salient message behind the misleading heading is - to portray to the public that Raila in fact has A LOT OF powers as depicted in the appointment letter....and he should thus not blame anyone for failing to use those powers to restore order in government......

7) The PM should therefore take the challenge being thrown upon him and start...(in the very words of that appointment letter)..... ensuring that all ministries operate “efficiently and in particular that public resources are utilised effectively, transparently and that the principle of accountability is upheld.”

8) He should also go ahead and take charge of formulation, presentation and articulation of Cabinet memoranda, sessional papers and other policy issues emanating from ministries and Cabinet.

At least I would if i were in his position......

Then, I agree with Akello's assertion about NSIS coming in Raila's way (who is arguing about that?), but that's not surprising.

He tried to come in their way with the Grand Regency Hotel issue...in which it was clearly documented the NSIS was deep in it.

Raila will have to deal with this NSIS issue even if it means raising it in cabinet, or publicly.

Lastly,....i remember my bachelorhood days when i used to buy nyama 1/4 kilo wrapped in a gazetti and by the time you get home to unwrap the nyama...you had to spend a good fifteen minutes plucking out paper and carbon print on the meat....the way you pluck feathers from chicken .....

There is slowly emerging this fashion and temptation to easily wrap Raila in the same gazetti with Kibaki as the rotten nyama to be consigned to the political dumpster shortly.

I join Adongo in refusing to hop into that bandwagon.....i will still separate wheat from chaff.....kila mtu atabeba mzigo yake...
from Anglo-Leasing, electoral theft, PEV, mamlukis, maize theft, Grand Regency, irregular privatizations, mobitelea etc etc and i don't see why I should wrap Raila in that packet.

All I want from Raila is delivery.

Do something on Unga...even if it means reshuffling to put an effective minister in charge of delivering the subsidized Unga.

Clean up wakina Kiraitu's mess in the oil sector, regulate scrupulous oil marketers, to ensure stability in fuel prices.

Why is the IIEC list of nominees not inspiring confidence in Kenyans?

He needs to rally his party in unity and lobby like minded people in PNU and at least get us a self assuring electoral team, and constitution reform team.

If he unites his party, the NSIS will be ineffective in dividing the party.

[Mukwhasi]

The picture attached to this post is true to its crede that a picture speaks 1000 words, obviously this is a man under siege or senile.I mean how could he accept to be kibakis subordinate yet it is the same reason that we had banana and orange wars , wasn't the position of the premier the main contention in 2005? I have always thought that R has lost it but deep down i was hoping that im wrong and R would like Moi pull a rabbit out of a hat but alas it seems i was right that this guy is bonkers.

[johns]

Feb 21, 2009 6:56:58 GMT 3 Mukwhasi said:

The picture attached to this post is true to its crede that a picture speaks 1000 words, obviously this is a man under siege or senile.I mean how could he accept to be kibakis subordinate yet it is the same reason that we had banana and orange wars , wasn't the position of the premier the main contention in 2005? I have always thought that R has lost it but deep down i was hoping that im wrong and R would like Moi pull a rabbit out of a hat but alas it seems i was right that this guy is bonkers.

Jaugenya,

Such a post are some of the reasons why we can not on a daily basis have a civilized discourse on matters afflicting our nation.

People! can we learn to disagree with someone on policy issues rather than personalizing our divergent opinions?

[deyiengs]

The PANUAist are really blinding ya'll. Can't you guyz see this is a plot, straight from the MKM playbook. And you fellas are urging here as if it were a legitimate doc. Kibaki has really brain washed the flock. He keeps playing with the minds of people and surprisingly guys are really falling into it. ohh my. For God's sake this is an out dated old senile crook from othaya playing with the minds of dot.com lads. Wake up folks

Since when did nation became a reliable source? A MKM mouthpiece!? All you have to do is read that paper's editorials from 2007 to present.

[kamalet]

Feb 21, 2009 2:56:25 GMT 3 adongo23456 said:

Feb 21, 2009 2:09:03 GMT 3 kamalet said:

Raila must stop thinking Kenyans are dunderheads and just go!

He signed this letter last year when accepting his appointment as PM in accordance with NARA.

Now that he is under pressure for doing nothing, he arranges for his letter to be leaked to the media explaining why he is quiet when the government he leads as PM is burning with scandal after scandal! This is especially when religious leaders and other Kenyans lump him together with Kibaki accusing them of incompetence!

You ain't going anywhere mate - you are knee deep in the sh!t and you might just as well accept you have failed Kenyans rather than hide behind a letter to explain away your silence! This Dennis Onyango idiot in your office is not helping your cause. Salim needs to be brought back hata kama it is pro bono!

Kamale,

Relax.

What are you mad about? Why is Dennis Onyango an "idiot"?

Now please give us the juicy details of how Raila arranged for the letter to be released. Obviously you know about the letter and how it got to the media than we do. So fill us in please, just for the sake of sharing information.

The last time I checked the Nation was practically a PNU mouthpiece and all you folks have been screaming how the Standard is a rag that supports Raila. How did Raila take over the Nation?

I am not that shocked that at one time you seem to accept that this letter which gags the PM actually exists and was signed by Raila while at the same time you insinuate that Raila has not been gagged? What gives?

"You ain't going anywhere mate"? Really. Haven't you been saying the same for like four years now? Why are we here? Since when did the Kamales of this world determine where Raila is going? You brought Uhuru, Moi and Ruto to fight the man. He kicked your butts. Your folks minted the MOU, robbed the nation dry to win the 2007 elections, the man kicked some butt again. Now what makes you think that your type or whoever you have identified with for the last I don't know how many years will determine where Raila goes?

How has Raila failed Kenya? Kibaki, the thief you support according to the very revealing Githongo book is a bona fide thief. They robbed Kshs 56 billion in the Anglo Fleecing and associates. This is now publicly accepted as a fact and the evidence from the Githongo book are riveting. How come that does not bother you at all if you are that much concerned about Kenya. Please spare as the false outrage. Kenyans are not that dumb.

As far as this hideous LETTER OF APPOINTMENT is concerned, the discussion is just beginning. Kibaki had no business giving Raila a letter of appointment for the simple reason that the PM is not an employee of the president. Raila had no business accepting this nonsense after M.Ps fought so hard to have NARA enacted into law. This garbage letter has to be thrown out.

If Raila wants to be a Kibaki employee, let him go work in his shamba. That is his choice. The PM of Kenya is not an employee of the president period. In fact the ODM even reserves the right to remove Raila from the PM's position if he refuses to rescind that letter. That is how serious this is going to be. Raila may have been well meaning but even from your own words he should know it makes no sense to be well meaning working with poisonous snakes unless you are a fool.

This is not a letter drafted under NARA as you claim.

The letter should have been jointly drafted and read something like this:

In Accordance with the NARA legislation establishing the office of the PM, the duties and responsibilities of the PM will be as follows.............

What we have is a private letter drafted by Muthaura and unbelievably accepted by Raila. Kenyans must reject this garbage and will tell Raila and Kibaki just that much. Whoever leaked this letter did Kenyans a big favour.

The battle is just beginning.

adongo

Adongo,

You cannot be as clever as you would like Jukwaa folk to believe!First you completely twist what I wrote, secondly you even have the audacity to suggest I know where the letter came from! Then you claim that I have suggested that Rail was not gagged by the letter! You are all confused and worked up whenever Raila is caught in a bind!

The main point is really not your man's signature of a letter you think fukced him, but the import of releasing the letter at this stage and the fact that the emphasis is on "he is gagged" and why this is timed to cheat Kenyans why the man has been quiet! It is that simple Adongo - so stop going mad about the letter and look for the timing!

Perhaps you should read what Job says - he made an effort of re-reading NARA and found out that the letter was okay to be written by Kibaki.

[johns]

Kamale,

You always seem to be in a celebratory mood whenever Raila is reflected in a bad light. I trully dont understand what your agency does when it engages itself in stoking umber in the very government which sustain it, unless your agency is a government on itself. Raila Odinga is your prime minister but it seems like the NSIS which you work for believe kenya has two governments and one has to be fought at all cost. Please explain this to me so i may begin to understand how tribalism work.

Let me ask you a personal question here: Does your agency (NSIS) consider itself working for the interests of the nation kenya or as a Mt. kenya intelligence service? You get paid by taxpayers yet your work is to create confusion within the government you swore to serve. Now, as a government employee are you supposed to dab into politics even going as far as tipping your hand into displaying the side that butters your butt?

[mank]

Feb 21, 2009 7:37:10 GMT 3 deyiengs said:

The PANUAist are really blinding ya'll. Can't you guyz see this is a plot, straight from the MKM playbook. And you fellas are urging here as if it were a legitimate doc. Kibaki has really brain washed the flock. He keeps playing with the minds of people and surprisingly guys are really falling into it. ohh my. For God's sake this is an out dated old senile crook from othaya playing with the minds of dot.com lads. Wake up folks

Since when did nation became a reliable source? A MKM mouthpiece!? All you have to do is read that paper's editorials from 2007 to present.

Are you saying Raila was tricked to sign the document? It was no secret that Kibaki was out to keep as much power as he could, so it would be no surprise that he and his helpers would play tricks on the PM.

It is obviously a surprise that Raila would fall for cheap tricks at a time when tricks would be so expected. Besides, what's so tricky in the document? What would Raila not have foreseen of the implications of signing such a document? As far as I can tell, Raila signed the document just for selfish interests. I am open to enlightenment, but this is how I see it.