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Post by job on May 11, 2009 22:13:11 GMT 3
DAILY NATION Oped May 11th, 2009
Truth about rifts in the Grand Coalition Government
By MIGUNA MIGUNA Posted Monday, May 11 2009 at 16:35
MY COUNTERPART AT THE Permanent Committee for the Management of the Grand Coalition Affairs, Prof Kivutha Kibwana, recently made claims that cannot go unchallenged. Unlike him and other commentators, I will limit my observations to fundamental issues facing Kenyans, and not speak of personalities.
The penchant for personalising and trivialising important issues in this country is one ailment for which we should seek urgent treatment.
Prof Kibwana’s assertion that I am the architect of the “jurisprudence” seeking “redefinition of the constitution” that is causing conflict in the Grand Coalition is an attempt to draw me into a political debate I would rather not be party to, and deflect attention from the real issues.
No one is calling for the “redefinition of the Constitution”. We are, however, insisting on a correct, reasonable and fair interpretation of both the Constitution of Kenya, as it is since the entrenchment into it of the National Accord, as well as the latter’s full implementation.
WHEN ODM INSISTED THAT THE NA-tional Accord be entrenched in the Constitution, the decision was informed by President Kibaki’s trashing of the Memorandum of Understanding he signed with Mr Raila Odinga and the Liberal Democratic Party in 2002. Only a fool would fail to be informed by past betrayals.
Prof Kibwana knows that there is no such thing as the “National Accord Constitution”. Such concoctions are clever red herrings. There is the Agreement on the Principles of Partnership of the Coalition Government (the National Accord) signed by President Kibaki/PNU and Raila Odinga/ODM on February 28, 2008; the Constitution of Kenya (Amendment) Act. No. 3 of 2008; and the National Accord and Reconciliation Act No. 4 of 2008.
While Prof Kibwana states that PNU “insists that the Constitution of Kenya remains the one passed in 1963 as subsequently amended from time to time”, he must be aware that the Grand Coalition Government was not created by the 1963 Constitution.
Both President Kibaki and Prime Minister Odinga signed the Accord, witnessed by both Mr Kofi Annan and President Jakaya Kikwete of Tanzania. One hopes and expects that both the President and Mr Odinga meant everything they stated in it.
If so, one wonders why Prof Kibwana, who also happens to be the President’s adviser on constitution review, wants to pretend that the National Accord does not exist. He knows that Kenya was not a republic in 1963 and we had no President; only an executive Prime Minister.
Is he saying that as co-ordinator and supervisor of the execution of all government functions including those of ministries, the Prime Minister’s constitutional mandate, is executive just like it was in 1963?
In the preamble of the National Accord, both President Kibaki and Mr Odinga openly acknowledged that “Given the current situation, neither side can realistically govern the country without the other. There must be real power-sharing to move the country forward and begin the healing and reconciliation process”.
When they made these commitments, the two principals knew that the 1963 Constitution existed. They chose not to refer to it. They stated that: “The composition of the coalition government will at all times take into account the principle of portfolio balance and will reflect their relative parliamentary strength”.
The entrenchment of the National Accord into the Constitution gave it authority with respect to the management of the government. The two recognised that “constant consultations and willingness to compromise” are not just necessary but essential for a coalition government to function smoothly.
There are three arms of government: The Executive, the Judiciary and the Legislature. Yet contrary to the provisions of the National Accord, President Kibaki still wields more than 80 per cent of executive power.
ALTHOUGH THE NATIONAL ACCORD clearly requires him to consult Prime Minister Odinga on all matters pertaining to the Grand Coalition Government, the President has refused to make decisions or political appointments after consultations with his co-principal.
Instead, he has intensified his control over and made all political appointments in the civil service, the military, national security intelligence, parastatals, diplomatic service, regular and administrative police, GSU, CID, public universities, provincial administration, boards and agencies. He has also cordoned off the Judiciary from his coalition partner.
Such a parochial and sectarian view of government cannot be sustained in law, logic or common sense. Neither ODM nor Mr Odinga are obligated to accept such self-serving interpretations.
Mr Miguna is the joint secretary to the Permanent Committee on the Management of Grand Coalition Affairs.
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Post by politicalmaniac on May 11, 2009 23:09:47 GMT 3
One cant trust a mafian.
Simple.
Mr Miguna - a no drama guy, puts it eloquently! The ape humanoid from othaya a thief and inept as heck even at stealing, wields 80% of the power? Well what is he doing with it? Enabling the born with a silver spoon drunkard jomo jr from kiambu to just steal and rob in broad daylight? Allowing M7 to steal Migingo?
BTW
The eloquence of Miguna, his clarity of thought, his toughness, his proximity to the power mechanism in Kenya, his ability to see though BS, and avoid drama, his taking any setbacks in stride makes his peers very jealous.
He will be in the legico soon trust me and in the cabinet too and effect much needed change. Let the haters meza wembes, or better still construct ma choo ya dais ya rais.
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Post by phil on May 12, 2009 9:09:24 GMT 3
So what happens now that there's a deadlock in bunge regarding the LBG?
Although they are not saying it, I foresee ODM's strategy to control government legislative agenda since PNU is deemed to control the executive and the judiciary.
For that reason, and if ODM gets its way, Hon William Ruto will most likely end up as its nominee for the LBG seat....moreso because there's classified information filtering in that the party's preference Musalia Mudavadi is gravely ill at an Indian Hospital after suffering a suspected and life threatening cardiac arrest.
The sad development coming at a time when ODM has just lost yet another MP has placed a heavy load on the shoulders of party leader Raila Odinga who w
s forced to prematurely leave a meeting with President Kibaki last week upon receiving an emergency phone call from India indicationg Mudavadi required immediate surgery. The PM was then forced to nominate one or two Kenyan doctors to immediately fly to India and witness the surgery at an undisclosed Indian Hospital.
This is the time ODM is facing its biggest challenges, and the likes of Miguna must no sleep a wink lest the other side takes political advantage of calamities facing the ODM.
t
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Post by kamalet on May 12, 2009 9:31:35 GMT 3
As I have previously said, ODM is awash with legal minds of quack qualitty. This was my first reaction when I read this not so clever argument by th PM's adviser on constitutional matters and a former avid contributor to Jukwaa.
Miguna simply does not understand the LAW, and ODM would be better without him perhaps. But then I do not and cannot speak for them! They get what they deserve - mediocrity!
First and foremost, the schedule to the Act has the accord signed by the two principals and witnessed by Kikwete and Annan. Kibaki signed for (and this is important!!) Government/PNU whilst Raila signed for ODM. Call it splitting of hairs, but certain things apart from being deliberate, are also important when we get to the phase in kikuyu called kahidi meruka.
Miguna cannot purport to interpret the law, not even the consitution and since it is ODM that seems to have a problem with interpretation of the law and to what extent NARA is purported to change the constitution, then they have only one place to go to and that is the arm of government charged with interpretation of the Accord! In my mind, that is the same place the now shameful ruling by the speaker should have come from! The speaker cannot purport to interpret the constitution. He can only interpret the Standing Orders and nothing more. But look at a whole lot of dumb Kenyans who are ignorant of such simple things!!
A lot has been said about consultation between the two principals when certain decisions are to be made. There does appear a kind of thinking that consultation should be followed by consensus. In the ideal situation, this is what should happen if the two principals have any modicum of good manners. Sadly that is lacking between the two leaders. As a consequence, this becomes the other major flaw with NARA. Whilst Kibaki is supposed to consult Raila, there is no mechanism in law that provides for what happens if the two disagree. Consequently, I can safely conclude that part of the problem we have today is that in their meetings on wednesdays, the two consult, do not necessarily agree, but that small detail is dispensed with and Kibaki makes his declarations. Now that is the major flaw with the ruling by the speaker that he expected consensus - none is prescribed by law Mr. Solomon the child thief!
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Post by adongo23456 on May 12, 2009 12:03:53 GMT 3
Kamale
You are really obsessed with Miguna. You brought this"better thief" arguments of yours before when we were talking about the LGB debate. In fact you started your ODM quack lawyer thread thinking it was a slum dunk that the Speaker would rule in favour of Kibaki and you wanted to tell us how ODM was fooled.
Sadly for you the celebration was premature and you folks ended up with egg all over your pretty faces. We warned you before, but you folks never listened. It looks like you didn't learn a thing. That is what Raila says about warthogs. You kick their butt here and they move two metres away and forget everything and start behaving as if the whole world is theirs.
I have said before that the theory that PNU are better thieves who cheated ODM and who will continue cheating every turn they get is a very unhealthy way of thinking. In fact it is a recipe for disaster for our country. No country in the world can succeed on the basis of who can cheat and lie better. Let's leave that primitive way of doing things to monkeys in the jungle and to organized criminals. They are better at it. Let's try to find ways where leaders can respect agreements they make, treat each other with respect and put the interests of the citizens ahead of their personal interests.
Miguna is saying something very simple. Kibaki and Raila signed an agreement for power sharing after Kibaki could not run the country after stealing an election. The fundamental principle of that deal is that none of them on their own could run the country. Nothing has happened to change that reality. None of the two principals on their own can run the country today.
I don't care how good a liar or a conman Kibaki and his people think they are, they simply cannot run the country on their own. I think the country is spending an awful lot of time arguing over that obvious fact. It is just nonsense motivated by Kibaki's greed for power and it is costing our country dearly. It is costing ODM supporters and PNU supporters a whole lot.
As we speak IDPs are rotting away in water logged tents and the last time I checked 14,000 of them were threatening to take over a school in Nyandarua because the tents are not sustainable in the rains. The nation's economy is in the dumps. They are talking about 2.5% economic growth rate, but even that they are not sure. With daily fights and confusion in the highest echelons of power in the country, the opportunities for investment are dwindling everyday.
Now we have a minister of finance who can't even figure out what to do with a budget. This was supposed to be an emergency budget with a stimulus package to stir up some economic initiatives among the youth. Now it is stuck with the Uhuru fool talking from both ends of his anatomy.
And in all this the only thing that seem to bother Kibaki and people like Kamale is how Kibaki can continue to hoard power and cheat his coalition partners. The country has to be first at least once in this generation, otherwise the Kibakis are not going to come from their graves to help us when we are stuck in the mud.
Just like we said in the LGB issue, which seems to have made people like you so bitter to the point of calling the Speaker Mr. Solomon the child thief, both principals made a commitment to Kenyans and to the world to share power 50:50 and unify the country. If that has been the primary pre-occupation of Kibaki and his PNU we would be a long way in advancing the interests on the country. Instead the pre-occupation has been who stole more power and how can they use it. By the way you seem to be in a very small minority in your violent opposition to the Speaker.s ruling. That must be a very lonely place.
My friend it is not the ODM that has a problem with the interpretation of the law as you allege it is the survival of the nation that depends on a fair understanding of NARA. The Speaker's ruling put to shame a lot of the machismo arguments about the better thieves syndrome, lets abandon that argument.
The rest of Miguna's article actually is a honest response to intellectually dishonest assertions on a previous piece from Kibwana and something called the "NARA Constitution", which Miguna says does not exist and other such things. As I said before Mr. Kamale I do not think you and Miguna are in the same league when it comes to legal matters. I am sure you are better at other things. That is just life. We are good at different things.
adongo
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Post by job on May 12, 2009 18:10:36 GMT 3
Kamale,
When I posted this article by Miguna I could predict your reaction -I knew it was coming. But thank you for displaying your 'legal' arguments here, giving all a chance to comparatively contrast them with Miguna's above
You claim;
What a fantastic assessment of the quality of ODM's legal minds. Wow! By the way, where did you go to law school? What are your legal and constitutional qualifications, and professional achievements?
This talk by laymen about how mediocre a surgeon or lawyer or engineer you disagree with is, ain't new. Laymen sometimes get carried away from blind-spotted vision and purport to 'teach' experts in their respective fields. You have probably met a soccer fan who has never kicked a ball in his life declaring a good player in a rival team as unskilled.
Miguna intellectually debunked the false assertions and trivialities by Kibwana quite well. In his simplified message (discernible by any class 8 child) Miguna simply asked Kibwana to quit misleading gullible folks with red herrings concoctions and distortions, and stop personalising important issues ailing Kenya which require urgent attention - period.
NARA is already entrenched in the constitution with the clarity Miguna presents - no one is calling for the so called 'redefinition' of constitution as Kibwana pretends. Who needs to redefine what is already clearly defined. When you see Kibwana targeting Miguna instead of his arguments - you know Kibwana long lost the debate.
ODM lawyers like Miguna wisely insisted that NARA be entrenched in the constitution, precisely for knowing who/what Kibaki/PNU is/are. And in any case there was to be any contradiction - they ensured NARA supersedes - as recently reiterated by Marende in parliament.
Whether Miguna understands law (or not) or is mediocre (or not) may be above your pay grade simply because you are just a LAYMAN like me when it comes to legal and constitutional matters.
But like I said, it is not uncommon to even find a semi-illiterate Mutura salesman arrogantly purporting to belittle a constitution expert/ legal scholar, based on third-party-arguments and talk they eavesdropped from a pub.
There must be something big I missed during the NARA Accord - it is this spirit and wisdom of kahidi meruka which seems to have been embedded in the Accord agreement, NARA Act, and Constitutional Amendment Act, completely without my awareness.
Probably it is the same kahidi meruka thing that is ailing the coalition government. We may soon need your help to interpret it in it's true spirit. As you boisterously charge, in kahidi meruka wisdom, Kibaki and PNU is the government, and Raila & ODM are guests, in the so called grand coalition government.
In otherwords by your admission, the National Accord and it's entrenchment in the constitution, was 'deliberately' and 'importantly' crafted in the kahidi meruka spirit which can only be aptly interpreted in a constitutional court filled with judges aware of that spirit.
Do other parts of Kenya also get a chance to bring in their hidden interpretations and versions of NARA or it is only kahidi meruka that counts?
What prevents Miguna from arguing his interpretation of the law or constitution?
Do you think kahidi meruka is partly responsible for ODM's 'having a problem of interpreting the law' ?
You declare that there is only one arm of government charged with interpretation of the Accord. Is that arm the same one that PNU's Martha Karua calls rotten, incompetent and corrupt? The one she literally run away from calling for urgent reforms?
Why do you think ODM did not seek that arm's intervention after the 2007 stolen elections? What makes you think ODM wishes to ask that arm to interpret anything, including the constitutionality of kahidi meruka?
Ati in your mind what? Did you say 'the now shameful ruling by the Speaker'? and did you also say "a whole lot of dumb Kenyans who are ignorant of such simple things"
Stop insulting Kenyans. Kenyans are not dumb. Millions may only be ignorant of things like kahidi meruka but not any simple things as you purport. This is what my friends PM, Ongalo and Omundu would again call chisoni chingali!
Don't be mad at the Speaker whose ruling may only be shameful to a few crooked elements. The Speaker interpreted the Standing Orders guided by several blueprints including - yes- the constitution (in which NARA is fully entrenched). The speaker may have only missed the kahidi meruka thing in it, just like me and many others who don't see or know or care whatever it is.
Many Kenyans don't in fact know about your 'Kibaki-signed-as-government/PNU' while 'Raila-signed-as ODM' argument. Many in fact know about the 'Kibaki-lost-the-election' and 'Raila-was-elected-President' argument. They were reasonable enough to accept a power sharing agreement to prevent the tearing apart of the country after the election thief Kibaki forcefully swore himself as president in the night - triggering unprecedented violence. History will one day judge all these - including Kibaki's belated act.
By claiming Marende can't interpret the constitution - you seem to be still seething from anger over Marende's ruling on who controls agenda of parliament. That is final - water under the bridge. Maybe this is why you Kamale wishes this matter taken to courts where you seem confident the kahidi meruka will not be misinterpreted.
Let me also remind you that PNU's Wanguhu Nganga is already there. But as the British, EU and US envoys told Kalonzo Musyoka who also wanted to rush to the kahidi meruka courts - it is inconsequential.
THE LEGISLATURE IS COMPLETELY INDEPENDENT OF THE COURTS. Courts and Judges (even those cognisant of kahidi meruka) cannot dictate to parliament or the speaker. Marende's ruling is final.
If you think consultations by the two principals ON IMPORTANT NATIONAL MATTERS should just be reduced to ego trips, games of shafting the other principal, or playing kahidi meruka, whilst the other comes genuinely seeking consensus - then you exactly know why there are problems in Kenya and who is singularly to blame for the silly intrigues. mark these words - the whole nation is watching and will pay in kind when the right moment comes.
Even the once powerful George W Bush and Dick Cheney have today been reduced to silence and self defense as they watch policies, staff, and instruments of their former disgraced regime dismantled one by one in humiliation.
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Post by politicalmaniac on May 12, 2009 22:06:56 GMT 3
So what happens now that there's a deadlock in bunge regarding the LBG? Although they are not saying it, I foresee ODM's strategy to control government legislative agenda since PNU is deemed to control the executive and the judiciary. For that reason, and if ODM gets its way, Hon William Ruto will most likely end up as its nominee for the LBG seat....moreso because there's classified information filtering in that the party's preference Musalia Mudavadi is gravely ill at an Indian Hospital after suffering a suspected and life threatening cardiac arrest. The sad development coming at a time when ODM has just lost yet another MP has placed a heavy load on the shoulders of party leader Raila Odinga who w s forced to prematurely leave a meeting with President Kibaki last week upon receiving an emergency phone call from India indicationg Mudavadi required immediate surgery. The PM was then forced to nominate one or two Kenyan doctors to immediately fly to India and witness the surgery at an undisclosed Indian Hospital. This is the time ODM is facing its biggest challenges, and the likes of Miguna must no sleep a wink lest the other side takes political advantage of calamities facing the ODM. t phil I was talking to a buddy of mine and he was intimating what you have posted here but for lack of verification I didnt want to post this sad devt about mudamba from mwana wa mululu. R will pull us through this |
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Post by politicalmaniac on May 12, 2009 22:17:36 GMT 3
Job
the persistent framing of the ODM/PNU wars as a fight between the wily fox and the ignorant slow dumb tortoise is nothing but a move to stroke their ego's, and indulge in chest thumping, eti they managed to find a way out of what was a sure loss for them at the polls.
They are still basking in the halo of their theft, trying to justify how they won, trying to spin eti how 'smart' they are etc.
Same sh!t different day.
What the speaker did was very much in his purview and were it not so, the Gava would have found a 'legal' looking/sounding mechanism to render it null and void. Si judas KM wanted to go to court? What happened? Why arent they going to court yet when ODM challenged the oh-7 election, ili kuwa ni mambo na court, court, court, seek redress in the mafian stacked courts, was their mantra. Why dont they swallow a dose of their own medicine?
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Post by job on May 12, 2009 23:07:15 GMT 3
So what happens now that there's a deadlock in bunge regarding the LBG? Although they are not saying it, I foresee ODM's strategy to control government legislative agenda since PNU is deemed to control the executive and the judiciary. For that reason, and if ODM gets its way, Hon William Ruto will most likely end up as its nominee for the LBG seat....moreso because there's classified information filtering in that the party's preference Musalia Mudavadi is gravely ill at an Indian Hospital after suffering a suspected and life threatening cardiac arrest. The sad development coming at a time when ODM has just lost yet another MP has placed a heavy load on the shoulders of party leader Raila Odinga who w s forced to prematurely leave a meeting with President Kibaki last week upon receiving an emergency phone call from India indicationg Mudavadi required immediate surgery. The PM was then forced to nominate one or two Kenyan doctors to immediately fly to India and witness the surgery at an undisclosed Indian Hospital. This is the time ODM is facing its biggest challenges, and the likes of Miguna must no sleep a wink lest the other side takes political advantage of calamities facing the ODM. t I obviously missed this. What's the latest on Musalia? Where did he get the attack? Was he already in India when he got it? |
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Post by kamalet on May 13, 2009 9:57:20 GMT 3
Job,
On Mudavadi, he is well and back in the country.
On my reaction to Miguna's thinking, I am entitled to hold my opinion however lowly you think of it. I respect your view to suck up to what he says.
I do not agree with what he says and the least you can do is back up his arguments without turning me into the issue of debate!
Gracias
Kamale
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Post by phil on May 13, 2009 11:00:01 GMT 3
Job and others,It appears there is a deliberate conspiracy to keep a tight lid on the status of the health of Musalia Mudavadi and also the goings on in India. The well being of Musalia is obviously a big concern for the ODM pentagon. I am not sure if Kamale has the right information but according to press reports in India on May the 3rd (read here and here) Mudavadi was initially in a hotel and thereafter admitted to hospital. It was reported that he would be in Thane Hospital for at least a month from beginning of May, but Kamale contradicts this. It also seems strange that the Indian police are involved in the whole saga and are the ones issuing statements! Other local sources intimate that Mudavadi had suffered a cardiac arrest in 2006 and due to recent irregular heartbeats, his personal doctor had recommended him to have a pacemaker. (This information has yet to be verified). It is all very unclear and his absence from parliament and also his glaring absence last week at the Nairobi home of the late Shinyalu MP David Lugano has not helped matters. He was also conspicuously absent during the late MP's fund raising harambee although a donation of Kshs. 100,000 was sent in his name. ODM supporters may also be interested to note that despite Mudavadi's illness/absence and as the senior most politician from Western Province, Luhya MPs, led by one Wekesa have been meeting at Nairobi Club (Upstairs Men's bar meeting room) every weekday evening under the guise of planning on how the Luhya community will field a single presidential candidate come 2012. Yes folks, we are back to the ODM-K days in 2005-6 that resulted in the orange split. If you ask me, I all think this is a very clever ploy by PNU to infiltrate ODM through its top most weakest point which is Western Kenya. The plan is to rattle Mudavadi and/or pretend to support Marende so as to undermine the ODM support in that province. Moi is still working closely with Jirongo and Kibaki is working closely with Noah Wekesa. As of now Musikari Kombo is not featuring much although both Shitanda and Khalwale have been spotted attending the secret meetings at Nairobi Club where incidentally the Prime Minister also spends a lot of time. Remember the same tactic was a few months ago used to near success in Rift Valley using William Ruto who is a member of the pentagon. Do not also forget that another vocal MP from Western, Ababu Namwamba has acquired a humveee under very dubious circumstances and is also sending very strange body language that undermines party unity - which is what has preoccupied the Prime Minister ever since the formation of the grand coalition. Now that Mudavadi is obviously politically and physically unable to serve as Leader of Government Business in parliament, I can only see ODM moving quickly to appoint William Ruto in his place. This will encourage those who are meeting in Nairobi club and soon, you will start hearing drums of war emanating from western province beginning with Lugano's funeral. I can assure you it will not be well at Lugano's funeral for ODM as New FORD-K and PNU MPs plan to attack ODM leadership using the Luhya unity mantra as a springboard. To make matters worse, and unless MUdavadi recovers fully, his post as deputy party leader is also something that the ODM supremos will have to think about. I think the next few months will see a significant metaphorsis of politics in this country because the vote-rich Western province is about to bite the hook!!!!
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Post by job on May 13, 2009 17:26:51 GMT 3
Phil & Kamale,
Whether Musalia is still in India or is already back, I think it was probably just a routine elective proceedure. While I cannot comment on any particular medical prognosis without detailed info, generally a past heart attack if managed well should not be a problem in this day and age.
I know there's still a lot of stigma regarding heart ailments in Africa, but these are very common medical issues in the West, that are managed quite effectively without much problems. Many political leaders in the West privately nurse various cardiac issues that never bother their careers at all.
So if Mudavadi went for an elective cardiac proceedure in India (his initial staying at a hotel suggests so), that should not call for alarm. That's quite different from having an emergency proceedure for an acute unknown cardiac problem. That's why I was interested in knowing whether its a current issue being managed on emergency basis, or a previous one being electively managed. Looks like the latter is the case which is good news.
I wouldn't have any alarm in that case. In fact I understand why he probably wished it remain private just for political optics. Because it may scare folks yet it is not an issue that calls for alarm at all. His prognosis may in fact be quite good. I mean if you compare that for instance with the commander-in-thief's medical problems including history of two cerebral aneurysms and a stroke - it may rank less of an issue.
Now - Wekesa, Jirongo or anyone else should tread very carefully with whatever secret meetings at Nairobi club while Musalia is undergoing treatment. It can backfire badly. In many African cultures, you do not start plotting succession when a presumed leader is still alive - and worse - undergoing treatment.
That is called snitching - Wekesa can very quickly become labelled as a green snake in grass, trying to capitalize on Musalia's surgery to plot a coup. Or even wishing for his death so as to capitalize on politics. It can backfire and assume sub-ethnic angles which will undermine his entire project.
It is also very easy to counter that Wekesa business since every Tom, Dick and Harry in Western knows that Wekesa is simply just being used by PNU. We have seen many use-and-dumps from Western like former Veep Moody Awori, former Trade Minister Mukhisa, & former Budalangi MP Wanjala. That's no news if Wekesa is intent on joining them.
As for Jirongo, he tried to undermine Musalia in 2007, it did not work. He even allied with ODM for elective purposes - and the ground will dictate his angling yet again - no one outside Western takes Jirongo seriously just as Karua insinuated. So why should he just play spoiler for Musalia's bright future?
Musalia's perceived 'weakness' which others simply call non-confrontational politics, also happens to be his political strength at the national level. You may notice that while bull fighters like Dr. Khalwale and co accuse the Dep. PM of being weak, nationally he passes as a non-controversial, unity figure, and that is an asset any day in our abrasive politics.
It is still way too early for any of these meetings to sway much - I think. And you can bet when Musalia is confirmed to be back, he will probably be revitalized and ready to roll.
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Post by kamalet on May 13, 2009 17:29:25 GMT 3
Phil,
In parliament yesterday, a question to the Local government ministry was deferred (as requested by Orengo, I think) on the basis that the minister had just returned to his office and found some changes (i.e. new assistant minister) and that the assistant minister may not have been properly briefed. I think Mungatana talked of having seen the minister "loitering in parliament".
That is the source of my information - which may not be right also and I am happy to be corrected.
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Post by politicalmaniac on May 13, 2009 21:39:03 GMT 3
Of course political plotting and manouvering is the main thing for politicians as they plot how they will ascend the ladder.
The night meetings in NBI by kina wekesa et al are the same ones being held by other regional MPs
At the end of the day, nothing much changes until elections.
IF mudamba is fine he will come back and resume his duties, and ngoaring him out will not be easy. Many top pols have difficult health issues but they still serve, including the brain dead sloth from othaya
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Post by okhunyanye on May 15, 2009 2:11:30 GMT 3
Musalia Mudavadi is gravely ill at an Indian Hospital after suffering a suspected and life threatening cardiac arrest.
Mudavadi required immediate surgery. The PM was then forced to nominate one or two Kenyan doctors to immediately fly to India and witness the surgery at an undisclosed Indian Hospital. Phil: There is no truth to the surgery inuendos as Mudavadi is in Kenya and attended a function in Kericho on Thursday. |
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Post by phil on May 15, 2009 9:10:56 GMT 3
Musalia Mudavadi is gravely ill at an Indian Hospital after suffering a suspected and life threatening cardiac arrest.
Mudavadi required immediate surgery. The PM was then forced to nominate one or two Kenyan doctors to immediately fly to India and witness the surgery at an undisclosed Indian Hospital. Phil: There is no truth to the surgery inuendos as Mudavadi is in Kenya and attended a function in Kericho on Thursday. Pole sana Ndungu but as for me, I do not rely on NMG to keep abreast with political events in Kenya. You will note we are talking about things that took place at the beginning of the month and not yesterday! Additionally, Job has taken time to explain to us the medical intricacies behind the alleged heart disease and I now understand it much better, and am not surprised that the DPM is up and about. No less than four Indian newspapers reported the DPM's hospitalization. Dozens of other Kenyan sites and blogs did the same. Do you still want to call these innuendoes? |
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Post by phil on May 18, 2009 12:31:18 GMT 3
I just love the way this guy Miguna Miguna puts its. Ex-president Moi also weighed in last week when he told Kenyans not expect much from the grand coalition government. Unless the NARA is implemented in full, we might as well forget AGENDA4. It is time to get akina Muthaura out of the way and confront the president himself directly, after all he is the signatory to NARA and not Muthaura. There cannot be reforms without real power sharing
By Miguna MigunaLet me be blunt: Agenda 4 reforms will not be realised unless and until the National Accord is fully implemented. Frankly, it is rather disingenuous for commentators, media, civil society and religious groups to keep harping on the imaginary binary responsibility of both the Prime Minister and the President regarding the perceived failures of the Grand Coalition Government.
Fundamental legal, constitutional and institutional reforms cannot be willed into being. Neither will they be brought through dishonest characterisations of the problems facing the Coalition Government. On February 28, last year, both the President and the Prime Minister undertook to share real power to overcome the existing crisis, set the country on a new path, and work together in good faith as true partners through constant consultations and willingness to compromise. As it is said in law, real power sharing is therefore a condition precedent for the reform agenda. The power both principals promised to share related to the responsibilities, authority and duties of Government and State. Whereas the President was to remain as Head of State and the Commander-in-Chief of the armed forces, the Prime Minister was mandated with the execution of all Government functions and affairs. Essentially, the President is responsible for State functions and issues of defence and security while the Prime Minister’s constitutional mandate is not just the organisation of Government, but also the implementation of its policy. Cabinet policiesThe National Accord transferred the day-to-day running of Government affairs from the President to the Prime Minister. The President chairs Cabinet meetings where policy is decided, but the Prime Minister co-ordinates and supervises the implementation of such policies. In addition, the Prime Minister’s Office acts as a clearinghouse for draft policies in five of six Cabinet committees before they reach the Cabinet. To be effective and efficient in discharging his functions, the National Accord made the Prime Minister answerable to Kenyans through Parliament. His removal from office, just like the President’s can only be by the people through Parliament. It is settled that power in governance is in executive decision-making and implementation of Government policies and programmes. It is also in the control of financial, intelligence and security instruments and organs, as well as in setting foreign policy. Consequently, to share real power, both the President and the Prime Minister must, as constitutionally guaranteed be equally involved in all executive decision-making, appointments and governance issues. Consultations and concurrence become the only realistic mechanisms of real power sharing. No one should expect the Prime Minister to use magic in ensuring the implementation of Agenda 4. ;D He can only co-ordinate and supervise Government functions and affairs when the President quits usurping those powers through the Office of the Head of the Civil Service. ODM can only explain to its members the necessity of implementing Agenda 4 items if the President starts sharing real power. I have heard people argue that the National Accord left the powers of the imperial presidency intact. :-/Others have even mentioned that the Constitution gives the President power as "head of Government." This is fallacious. There is absolutely no constitutional provision that bestows on the President power as head of Government. Through the entrenchment of the National Accord in the Constitution, the Prime Minister is the head of Government by virtue of not only being the co-ordinator and supervisor of the execution of all Government functions and affairs; but also as the one who is accountable for the Coalition Government to the public through Parliament. What we are calling for is respect for the rule of law and the Constitution, which the National Accord is part and parcel of. Kenyans cannot expect to reap dividends from the National Accord, including the reforms, if they fail to ensure that it is fully implemented. To do that, we must be honest enough to blame the guilty and commend the innocent. On this there cannot be any compromises.  The writer is the Prime Minister’s Advisor on Coalition Affairs. |
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Post by kamalet on May 19, 2009 9:15:56 GMT 3
Miguna needs to stop arguing like the drunks in Kangemi bars who think by shouting loudest their positions are correct.
Miguna has no legal experience to attempt to interpret NARA and if ODM feels too strongly that the law is being misused and misinterpreted, then they can apply to the High Court for interpretation of the law (if he is a lawyer worth any salt, he knows this is where he should be getting his interpretation from).
Constantly repeating a lie that NARA says this or that does not make it right and as long as the PNU people have their interpretation of the law, then it is inevitable we shall continue having such flawed arguments from the Migunas of this world.
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Post by politicalmaniac on May 19, 2009 23:20:52 GMT 3
phil
Miguna puts it crystal clear, the guy is such a potent writer and thinker. He is also ready to sacrifice himself for the greater good, as evidenced by his jailing and exile.
Some of his peers are envious of his tract record, they have nothing to show but large bank accounts, and so they continue to defend the indefensible. Something will give soon.
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Post by adongo23456 on May 20, 2009 1:00:32 GMT 3
Interesting. Miguna says a few things that should be repeated everyday until everybody gets it. I have had big arguments with some of my comrades in the civil society over this matter since 2003.
The Kenyan media, columnists and the so called pundits are the worst culprit in what I call the equal guilt falsehood. As of now they will tell you both Kibaki and Raila are equally guilty and responsible for bad governance in the country. When they forget some of them will even boast of how Kibaki conned Raila and retained all the powers. What they refuse to do is call a spade a spade. They are cool with the big spoon theory. This is a terrible problem in our country.
The Kenyan media, the churches and other civil society groups like to talk about, "wrangling". "bickering", "power struggle" etc so as to suggest that both parties are guilty when we all know that the thief who stole the election has refused to abide by the NARA Accord which he signed and was entrenched into the laws of the land through a constitutional amendment. Many of these people do not want to tell Kibaki to his face that he is destroying the country. Here in Jukwaa we do and that is why I am happy Miguna made that point very clearly.
It is like we catch a bank robber. The lucky robber (Kibaki) is then given the opportunity to share the money he robbed with the people he robbed. The bank robber agrees and then when the heat gets down, the bank robber grabs all the money again and tries to run with it and is being held back by the robbed folks. So what should we do? Blame both the robber and the robbed for fighting over money? Really? The thief is lucky enough as it is. Lets tell the thief to shape up or get lost.
adongo
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Post by taabu on May 20, 2009 1:13:37 GMT 3
Miguna is spot on, until we stop living the national lie of false security in numbers we are doomed. Kenya lost her virginity and innocense and the rapists is still occupying the homestead. Meanwhile the so-called pundits are cheering him on. You don't bastardize a people's democracy with deadly consequences. Prof Kibawa has proved a smart academic mercenary and he must be exposed for what he is. Kibaki just like UK has never accepted the truth that Kenya changed forever. The battle is going to be bloody but we owe it to future generation.
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Post by tnk on May 20, 2009 7:40:55 GMT 3
this is a constant source of debate, i.e depending on which side you stand, there are different viewpoints of the NARA
this has fairly simple solution or can be complex if we so choose
lets break it down - to simplistic approach, a parent enters the house and finds a child has muddied all rooms with his games shoes and ball after a practice and is engaged in a heated argument with the other parent (am being gender sensitive here)
and subsequently issues a decree, you cannot enter this house with dirty games kit. this would be a straight forward easy rule but if
a) previously the standing rule has been do not remove your clothes outside of the house
b) considering that there are other children in the house also engaged in games but not as reckless or irresponsible,
c) there are some cheeky children who will take advantage of any ambiguity to cause further mayhem
hence this originally simple, resolution seeking, directive can begin to morph into a monster of its own
note however, the monstrosity/ambiguity only deeply and negatively impacts the responsible persons in the household every time its abused or interpretation is twisted whereas the cheeky twerps benefit tremendously and continue to reap diabolical harvests
now one approach is to engage qualified legal experts to evaluate the strengths, merits etc of semantics, spirit etc of the original directive as we now do.
or since the parent (Anan and Emminent Africans) are not dead, we could simply ask them what did they mean or really want, and put this across. Of course recent events have made this impossible, (remember Anan and PNU saying that the NARA cannot be renegotiated - btw this is real life and am sure the tables will reverse sometime and some people will be desperately pushing to renegotiate)
so we are stuck with our intepretations - in which case we have to look at the entire text and where there are ambiguities seek other sources to clarify.
fortunately this NARA is preceded by a very elaborate text defined and presented as a preamble
viz
There is a crisis in this country. The Parties have come together in recognition of this crisis, and agree that a political solution is required.
Given the disputed elections and the divisions in the Parliament and the country, neither side is able to govern without the other. There needs to be real power sharing to move the country forward.
A coalition must be a partnership with commitment on both sides to govern together and push through a reform agenda for the benefit of all Kenyans.
.
we all know there was a crisis. we also know and are constantly reminded that neither side can govern without the other
however the bone of contention remains, that one side wants to continue governing without the other, there are credible objections that there is no REAL power sharing and therefore the country is probably not moving forward
because there appears to be no committment to govern together then the push for reform agenda for the benefit of all kenyans remains a pipe dream.
mutula kilonzo is therefore blowing a lot of hot air.
on my part i have no doubt whatsoever that the greatest stumbling block is the inability of PNU to get their hands out of the honey jar and live. the argument that ODM will insert their hands in the honey jar if they remove theirs may sound credible to juveniles, but no one has stopped them from putting forward interim proposals to close the lid after they remove their hands from the jar and leave the honey in the jar fer cryin' out loud
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Post by politicalmaniac on May 20, 2009 20:24:06 GMT 3
Interesting. Miguna says a few things that should be repeated everyday until everybody gets it. I have had big arguments with some of my comrades in the civil society over this matter since 2003. The Kenyan media, columnists and the so called pundits are the worst c ulprit in what I call the equal guilt falsehood. adongo I call it drawing a false sense of moral equivalency between R and the sloth ape humaniod from he slopes of mt kenya in othaya. He, this mafian, has stolen an election with grave results, his own kinsmen dead and displaced, igniting tribal hatred, he has abetted theft on a grand scale, allowed mamluki to enter the country get citizenship and the rank of deputy police commissioner all in a span of 6 months. The mamluki even took his daughter as a play thing and ravaged the poor girl. He has been AWOL on Migingo, nothing on the menace of Mungiki. I mean the ape from othaya nyeri has been the definition of epic failure, a catastrophe, no wonder kipkorios said we shall miss him. I for one, I do! At least he kept the country "safe" from itchy hands like M7. |
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Post by phil on May 25, 2009 13:21:24 GMT 3
Obviously, Prof. Kibwana does not agree with what Miguna or many of what the Jukwaa folks say. Opinion No such thing as ‘real power sharing’ in law By KIVUTHA KIBWANAPosted Saturday, May 23 2009 at 19:12 Recently, the Prime Minister’s adviser on coalition affairs, Mr Miguna Miguna, boldly informed Kenyans in an article in the Daily Nation of May 18: “ODM can only explain to its members the necessity of implementing Agenda 4 items if the President starts sharing real power ...” To be blunt, Mr Miguna is saying the national reform agenda and especially the Constitution will abort unless the President concedes power to ODM’s satisfaction. Indeed in an earlier version of the Miguna piece carried by another paper, the author asserts: “There is absolutely no constitutional provision that bestows on the President power as head of government. Through the entrenchment of the National Accord in the Constitution, the Prime Minister is the head of government.” Section 52 of the Constitution, as we shall see, contradicts this argument in plain language. How do the National Accord laws and the amended Constitution describe executive powers? The Constitution of Kenya (Amendment) Act, No 3 of 2008 amended the express provisions of the Constitution in only three sections, that is sections 3, 15 and 17. In Section 15, the Constitution was amended to create, inter alia, the office of the Prime Minister and to provide anchor for the facilitative law which would detail the functions and powers of the Prime Minister. The National Accord and Reconciliation Act became that law. Section 3, which establishes the supremacy of the Constitution, was amended to allow any law passed under the National Accord of February 28, 2008 which contradicts the body of the existing Constitution to be deemed constitutional. Such National Accord legislation, it was provided, shall be read as part of the Constitution. When the country faced implosion, we did not pause to ask ourselves: what does it mean that an ordinary law will be read as part of the Constitution especially if it contradicts the Constitution when they go to bed together? Finally Section 17 of the Constitution was amended to include the new offices of the Prime Minister and the Deputy Prime Ministers within the Cabinet as ministers of government. Section 4 of the National Accord and Reconciliation Act, 2008 itemised the powers of the Prime Minister as follows: He shall have authority to co-ordinate and supervise the execution of the functions and affairs of the government, including those of ministries. He shall perform such other duties as may be assigned to him by the President or under any written law. He shall nominate persons to be appointed as ministers and assistant ministers bearing in mind coalition parties’ parliamentary strength and the principle of portfolio balance and thereafter be fully consulted by the President on the appointment of all ministers. In the National Accord which gave birth to the two laws, there was language about “real power sharing” but nowhere in the National Accord or amended Constitution or the National Accord Act was “real power sharing” defined beyond appointment of the coalition government ministers and assistant ministers and the manner of dismissing ministers. Sections 4, 16, 17, 18, 23, 24, 52, which outline the President’s job description, were not amended in the same fashion as sections 3, 15 and 17. Prof Kibwana is the President’s adviser on constitutional affairs |
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Post by omundu on May 25, 2009 18:54:54 GMT 3
And we all spend sleepless nights pondering on why Kifaki behaves the way he does. With advisers like Kibwana we are going nowhere slowly.
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