A Case For Comprehensive Minimum Reforms

[adongo12345]

By Adongo Ogony

My sense is that Kenyans will get their minimum reforms much sooner than later. The issue is what route do we have to travel to get it. Do we need rivers of blood on our streets again like we had in 1997 before people like Martha Karua betrayed the cause, abandoned their friends from the NCEC and the NDP and went to bed with Moi to coin the IPPG reform package, which they have now abandoned under King Kibaki?

If John Michuki had his way it seems we are going to have to travel the true and tested path of street battles. I have heard that even retired human rights activists like Kibe Mungai have hit the talk show circuit urging the government to stay put and let the ODM battle it out in the streets. Talk about shamelessness. Anyhow if the likes of Kivutha Kibwana can become the new version of Kariuki Chotara, nothing surprises me anymore.

In any event we need to pay attention to one, John Michuki who has been christened in some circles as “Mwenye Chuki”. A few days ago while ordering the police and provincial administrators to arrest opposition leaders Michuki had this to say:

"Even if you are among those who brought the Second Liberation (the return of multi-party politics in 1991), that does not give you the ticket to break the law. The Second Liberation was about enforcing the rule of law, which had been discarded by the previous Government." Michuki bellowed.

"The Government has created good conditions for all provincial administrators, starting with the assistant chiefs and you should reciprocate by singing to the tune of the Government, who is your employer," the minister told the administrators.

Of course poor John doesn’t understand that this is not the 1950’s when he used to work with wababerus helping them nail and even kill Mau Mau Freedom Fighters. From his bombastic tone and rattle snake activities of raiding news houses one gets the feeling Mzee Michuki must be very nostalgic about those glory days when all you needed was a police with a gun to get everybody “singing your tune”.

In fact it is statements like this from Michuki that makes it clear we need minimum reforms with teeth to save us from rogue elements in government who think they own public resources including public employees.

The police and the Provincial Administration does not work for any partisan group, they work for all Kenyans. The DP government does not pay the police or the Provincial Administration, it is the tax collected from all Kenyans that pay these people. It would be insane for George Bush, for example, to tell the CIA and the FBI to work for the Republican Party interests. As a matter of fact it would be outright criminal for him to do so. Not in Kenya where the DP crew now in government thinks it is their right to use our money and our resources to get their King re-elected to lord it over us for another five years. It won’t happen.

The interesting thing about the battle for minimum reforms is that it seems to mean different things to different people. The politicians are NOT interested in what Kenyans really need. For the government and their allies in the media it is the fear of mass action that gets them to even talk about minimum reforms. They dismissed it at first and realized it was too hot so they came with the MSF, which finally collapsed under the wait of Martha Karua's dictatorship.

It is as if what Kenyans need means absolutely nothing to the government. After all they have given them 5.8% economic growth even though close to sixty percent are still unable to even feed themselves. The people are supposed to be very happy with Kibaki and cannot wait to re-elect him. I wouldn’t mind all the delusions of grandeur if at least they paid a little attention to this nagging constitution issue, which has tortured our nation for the last two decades.

It seems the only concern for the government is the question of what they can give Raila and his ODM-K team to keep them quiet and stop them from bringing the masses to the streets to demand their rights.

Some of the media top honchos like Macharia Gaitho
have already warned us that we should stick to most minimal electoral reforms.

www.nationmedia.com/dailynation/nmgcontententry.asp?category_id=25&newsid=90588

Nothing about presidential powers, nothing about righting historical wrongs as has been suggested elsewhere. The question I ask these people is why even bother with reforms if we can’t talk about presidential powers? Isn’t that what the IPPG deal did by ensuring that the president has to work with the opposition in appointing ECK Commissioners and nominating M.P’s? Why do we need to erect a fence on what somebody thinks they can allow us to have enshrined in our constitution. Why have consultations if someone has already decided the outcome? Isn’t that what has killed all our constitutional initiatives for the last four years?

Kiraitu Murungi told us the other day that the government was willing to negotiate but things like 51% requirement for presidential elections are out of question because it will give ODM an easy victory? Shouldn’t we look for what is good for the country as opposed to what is good for the DP or what is good for the ODM? Do we still have a country called Kenya or have the political parties sliced it all up into DP land and ODM land?

My position is that in terms of minimum reforms we need to look at what is good for our country rather what is good for the politicians. One way of doing that is for those of us in the civil society movement to develop our own agenda and put them on the table instead of being nice pictures on the walls for politicians to pretend they are consulting with the broader society. I was immensely disappointed with the civil society team that worked in the failed MSF. They basically ended up as window dressing for Martha Karua to help her fight her political opponents and stick us up with a fake reform package that is already stillborn.

The formula they developed for setting up the teams to carry out consensus building to complete the process is so bizarre and undemocratic, it is hard to believe people with a background in democratic struggles for a people driven constitution actually sat there and agreed to Martha’s atrocious proposals. For example the idea that a good portion 256 delegates who make up the “conference” to resolve contentious issues will come from political parties both in and out of parliament is pretty dangerous. We have 73 political parties most of which are not even brief case parties since their owners don’t even have briefcases. These parties are often available to the highest bidder. Many have never contested a single seat at any level of government.

What is to stop one person from buying all the parties and installing their puppets there? And what is to stop the government from registering another fifty parties to flood the “conference”? Besides, we all know that most of our M.P’s including the president belongs to more than one party. Some do not even know which party they belong to. The bottom line is that political parties can only be represented at a national dialogue of this magnitude on the strength of the votes they have received on democratic elections. The same principle should apply funding for political parties. The Kenyan taxpayer should not fund phantom parties with zero following in the country. In many countries including Canada, political parties are funded on the basis of the percentage of votes they recieve in General Elections. Otherwise registering parties can become full time careers for some people.

And then we have the civil society reps. How are we going to elect them or are they going to be appointed again like happened in the MSF? I for one I am fed up with our self appointed civil society spokespersons? If people want to speak for me I need to make that choice.

Anyway I don’t want to get started with Martha’s proposals in the Constitutional Amendment Bills. There will be time and place for that. In terms of the minimum reforms these are my suggestions.



1. Lets convince Michuki that state terrorism is unworkable in the Kenya we have today. The police with all the teargas and bullets in the world will not stop Kenyans from achieving minimum reforms for free and fair elections and for advancing human rights in Kenya.

2. Martha Karua needs to calm down with her rapid-fire responses to constitutional demands from her political opponents. She is a Cabinet Minister charged with the responsibility of facilitating the completion of the new constitution. She should ask herself a simple question: What single thing has she achieved in that ministry since she was appointed. I am waiting for the answer to that question. The government will never impose a constitution on Kenyans and neither will the opposition.

3. We have to expand the minimum reforms package beyond just the electoral reforms. Our minimum reforms must address the transition justice agenda, otherwise the civil society groups should NOT support it. In fact we should fight it if that is the case. Instead of bickering within the civil society as to whether we need minimum reforms or not, we should be bringing our issues to the table not just riding political bandwagons that offer us nothing. There is no issue more important to the human rights movement in Kenya than the issue of transition justice, which Kibaki screwed up big time. Let us address it NOW.

4. I urge my civil society comrades to talk among themselves and work out an agenda to take to the politicians. Our agenda must include dealing with victims and survivors of state terrorism who have been waiting for the last four years to get things done. We need to draft a Bill addressing this issue to be presented to parliament as part of the reform package. As well we need an Act of parliament mandating the formation of a Truth, Justice and Reconciliation Commission. There is no controversy about these issues as a matter of fact I think there is consensus that these things should be addressed.

5. We need real reforms in the ECK not just about appointments. Look at the fiasco in Kisauni by-elections where Returning Officers and ECK officials stage-managed a rigging mission that just boggles the mind. They entered bogus numbers. The ECK officials tampered with ballot boxes to mess things up. We have ballot boxes missing from every station. Are any of these officials going to be held accountable? No. These people belong in jail for robbing Kenyans out of their most precise belonging, their vote. We should ensure that Returning Officers and ECK officials found responsible for rigging would be charged with criminal offences.

The use of government resources, which someone like Michuki has told us, is their master plan after they increased the salaries of Provincial Administrators should be addressed. What are we going to do about it? Are we going to empower the ECK to disqualify candidates found using public resources? We should as well as those who use violence to intimidate voters. We need real powers to deal with election thieves. This obsession with ECK mode of appointment is a miniscule part of the problem. We also need an Electoral Tribunal to deal with petitions promptly instead of electoral thieves sitting in parliament for three to four years before their cases are heard. This is the single biggest incentive to steal elections. In the worst case scenario one gets to be in parliament for years. We need to seal that hole immediately.

6. I am proposing that we recall the bills already in the pipeline, namely the Martha Karua Constitutional Amendment Bill, the Minimum Reform Bill from the Justice and Legal Affairs Committee, establish a new MSF with no conmen and women discuss all these proposals in a genuine give and take approach (not take and take from Martha) and have a comprehensive package to be taken to parliament. The two bills in parliament already are going to need two-thirds majority to pass and neither side has the numbers. Besides I think they are both defective and inadequate. Lets get away from the lie that minimum reforms cannot be comprehensive. They can and must if they are to be of any value not just to politicians but also to the general public. Not only do we need comprehensive minimum reforms, we need them to be substantive, not just hot air to give the impression that something is being done.


7. Our focus should be to enact a package of Bills that will level the political playing field as well as enhance human rights in the country. What is wrong with that? We also need to enact Kibaki’s directive of giving 30% employment opportunities in the public sector to women into the constitution. Remember the IPPG package of 1997? The very people who drafted it now say it was never enacted into the constitution and is non-binding? How binding is the president’s directive on employment for women? As of now it is just another roadside decision with no teeth. Same with the president’s directive to give our youth I.D’s without charging fee.

8. Finally I am suggesting that we get a team of skilled negotiators as co chairs to avoid manipulations from partisan groups. Names like Dr. Willy Mutunga, Njeri Kabeberi come to mind, but whoever we choose just spare us from the Bishop Sulemetis and Mutava Musyimis. These are good people but we are tired of them. Lets be smart and creative and get this thing done instead of clobbering each other ad infinitum. If Iraqis who are butchering each other on the streets can come up with a constitution they agree on, we can do it. Kenyans are smart and resourceful people give them a chance and they will solve this problem, then we can all go to the polls in a spirit of fairness and may the best team win.

10. One more thing, I don’t know if it is just me, but I think it is foolish for the government and its relentless talking mouths to turn this minimum reform thing into a big campaign item for the opposition. It is exactly what the doctor ordered for them. Can someone please, whisper that into the ears of Mzee Kibaki and ask him to give the nation a break. Thank you.

The writer is a human rights activist.

[adongo12345]

EDITORIALS

Michuki's directive preposterous

Daily Nation
Publication Date: 1/31/2007
One of the reasons why the Provincial Administration was dreaded so much under the previous Kanu regime was because it was misused to accentuate dictatorship by suppressing the Opposition and any form of dissent.

In fact, those in the Opposition then, and now in Government, had many running battles with the administration, especially over political rallies that were routinely stopped without justification.

As a result, the Opposition leaders had, as part of their campaign, pledged to abolish the Provincial Administration once they ascended to power.

Indeed, at the height of Kanu’s dictatorship in the 1980s and early 1990s, the Provincial Administration was turned into a monster that pried into households and controlled people’s movements, including vetting those entering markets to ensure they had Kanu membership cards.

It is, therefore, quite preposterous that Cabinet minister John Michuki should, in this day and age, have the audacity to direct provincial administrators to police over Opposition politicians and arrest them if they criticise the Government.

Does the minister expect the Opposition to sing the Government’s praises?

Quite unashamedly, too, Mr Michuki wants the Provincial Administrators to sing the Government’s tune because it has raised their emoluments. Nothing can be more obnoxious.

As public servants, chiefs, their assistants, district officers, district and provincial commissioners must be neutral at all times in the performance of their duties.

Their duty is to assist the Government to implement policies at the grassroots level — not to shower adulations on it.

The Provincial Administrators, and all other civil servants, must remain independent at all times so that they can carry out their duties without fear or favour irrespective of the Government of the day.

When Mr Michuki and his ilk issue such illegitimate directives to public servants, they send the wrong message — that they are out for some mischief, in this case, stifling fair political competition.

Coming at a time when the Kibaki administration is being faulted for unilaterally appointing nine electoral commissioners and other excesses, those in Government must avoid reckless talk.

[adongo12345]

Predictably, Martha rounded up the hapless and probably hungry MSF cronies to issue silly statements from her office about sticking with their "road map". They don't seem to realize they are traveling in the wrong direction. Talk about dumb and dumber. Orie Rongo Manduli is like a headless chicken, and those are the people Martha thinks will give Kenyans a new constitution. Dream on. You can stick to your "road map" till Kingdom come, but it is going to be a lonely road to nowhere.

ODM-K wants Kibaki to take charge of law review

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www.eastandard.net/hm_news/news.php?articleid=1143964310

By Biketi Kikechi and Ayub Savula

ODM-Kenya has issued a tough set of demands it wants met before the party can rejoin constitution review talks. Key among these is that it enters direct talks with the Government and that President Kibaki personally convenes them.

Following an extraordinary National Executive Committee (NEC) meeting in Nairobi on Wednesday, the party not only demanded a central role for the President, but also wants to restart the talks by February 15.

To demonstrate its commitment to the reform agenda, ODM-Kenya wants the Government to bring to Parliament a Constitution Amendment Bill for minimum reforms.

The ODM conditions were unveiled as the Government sent out yet another signal that it was keen to get ODM-Kenya back to the negotiating table and forestall the potentially disruptive call to mass action.

No trust in Karua

Lang’ata MP Raila Odinga said Kenyans wanted to know the Government’s commitment to reforms. "(Justice Minister Martha) Karua’s handling of the process has shown that she cannot be trusted. (President) Kibaki must take charge himself to show Kenyans that he is committed to the reform agenda," he said.

ODM-Kenya Secretary-General Prof Anyang’ Nyongo’ told the media the NEC meeting had unanimously arrived at the resolutions.

Tinderet MP Henry Kosgey chaired the meeting, attended by top party officials.

Already, ODM-Kenya has taken to the road and stump with its "No Reforms! No Elections!" campaign slogan to force the Government to accede to minimum reforms before December’s General Election.

They also want the law reviewed to ensure a popular President is elected by over 51 per cent of the votes cast.

The Opposition is against the manipulation of the Electoral Commission of Kenya and is demanding its independence and that of the parliamentary calendar.

Karua adjourned the Multi-Sectoral Review Committee last December, and announced that the forum would resume its sittings last month.

On Wednesday, eight members led by Joint Secretaries Mr Njeru Kathangu and Mr Baldip Rihal Singh addressed the Press at Hotel Boulevard.

"We are not legally constituted but we have the mandate to reconvene the talks because we were not disbanded," said Kathangu.

The former Runyenjes MP, Rihal and Narc-Kenya politician Ms Orie Rogo Manduli said they would stick to the roadmap the committee developed last year.

The eight insisted they were not a Government project and were only following the programme.

They also denied Karua controlled their work.

"We will not be swayed by political statements from either ODM-Kenya or the minister," said Kathangu.

Their meeting was, however, convened by the Ministry of Justice and Constitutional Affairs.

The Public Relations Officer, Mrs Mary Ngayuma, signed the press statement written on the ministry’s letterhead and faxed to newsrooms on Monday.

Kathangu said they planned to stick to the comprehensive review agenda favoured by the Government and argued minimum reforms would only favour the political class.

"Kenyans will remember that the game of piecemeal reforms was played in 1992 and also in 1997, not for the benefit of the ordinary Kenyans, but to help a section of political leaders," the statement read in part.

The eight proposed that a broad-based convention be called to discuss contentious issues and the preparation of a harmonised draft constitution.

Raila, however, said ODM-Kenya would have nothing to do with the committee because it was Karua’s project.

"We will not deal with a minister who does not want to listen to us," said Raila.

The new initiative came just a day after Narc-Kenya’s interim chairman, Dr Mukhisa Kituyi, called for dialogue.

Kituyi asked the Opposition to talk to the Government instead of both parties talking at each other.

Raila, however, dismissed Kituyi’s invitation, saying only the President could commit to changing the law and assure Kenyans that the next elections would be free and fair.

"Kituyi is a former reformist who has over time changed into a reactionary," said Raila.

The lengthy statement read by the Kathangu and Rihal committee also dwelt on reconciliation.

"We must remind politicians that both the Government and the Opposition have the requisite majority to push for constitutional reforms in Parliament," said Rihal.

Nyong’o, on his part, said it would be easier and faster for the Government to reactivate the reform agenda, if it brought the Bill to Parliament.

Consensus in ODM-K

Nyong’o said ODM-Kenya’s consensus option for picking its presidential candidate remained a viable option.

Raila, Mr Musalia Mudavadi, Mr Uhuru Kenyatta, Mr Kalonzo Musyoka, Mr William Ruto, Mr Najib Balala, Dr Julia Ojiambo and Ms Nazlin Umar have declared their interest in the party ticket.

Nyong’o said if the aspirants agreed to have one of them run for the top seat, the issue of delegates’ participation would be shelved.

ODM-Kenya leaders also demanded the resignation of Internal Security minister Mr John Michuki over his orders to provincial administrators to crack down on Opposition politicians.

Elsewhere, Ruto launched his presidential campaign in Malindi District where he made a scathing attack on President Kibaki, calling him an unreliable leader who had failed Kenyans by not honouring his pledges.

Addressing a public rally at Gongoni trading centre, Ruto urged the locals to support him, saying he would form a devolved system of government that Coast people have clamoured for a long time.

He said since Kenya won independence, more than 17 million people were living in abject poverty despite claims that the economy had improved.

Sigor MP Philip Rotino and his Isiolo South counterpart, Mr Abdul Bahari, asked the Coast residents to vote out the current regime, which they said concentrated the country’s resources on developing the Mt Kenya region.

Additional reporting by Paul Gitau, Joseph Masha and Caroline Mango

[kamalet]

Adongo,

Good post.

The question that lingers on my mind is whether the ODMers or the Karua group have what we need as minimum reforms.

I get the feeling that the reforms being asked for by the politicians are intended to entrench themselves whether they be minimum or comprehensive! Surely a lot of the changes I see being bandied about cannot be for the sake of Kenyans but to try and ensure a certain result if 'their' amendments go through!

[adongo12345]

Thanks Kamale

To tell you the truth I think the ODM is quite confused on the minimum reform issue if not the whole constitutional reform process. This is their baby. Their name Orange Democratic Movement is derived from their historic and quite heroic battle to floor Kibaki with all his money at the referendum.

Beyond the name I think the ODM need to get their thinking together and stop payukaring all over the place and confusing everybody.

I was surprised the other day when the ODM came up with a new set of demands one of which is to meet with Kibaki and to get Kibaki to take control of the process. What kind of nonsense is that. We don't want Kibaki to take control of the process, we want Kenyans to do that. Can Kibaki be involved in structured negotiations to facilitate minimum reforms? Absolutely yes, but the way you do that is get your act together come up with sound proposals, get the backing of ordinary Kenyans and other sectors including the civil society groups and then you confront the powers that be with the reality on the ground.

Secondly the ODM in the same statement asked the government to bring a minimum reform Bill to parliament? Isn't that crazy? How about if Martha goes and cooks up some half baked "minimum reform" bill and brings it to parliament together with her already wacky Bills on Constitutional Amendment? What are they going to do if they don't like the bill? Start opposing it again after they asked for it? They are going to look like idiots who just want to oppose everything.

I think the ODM was on the right truck when they held meetings with the Muungano wa Katiba team that included Muite and co, other opposition leaders, and groups like KHRC and KNCHR. Once you start a process like that you go with it and let it take ownership and leadership on the matter. The ODM is free to engage in other activities like organizing rallies and other mass action initiatives but they should help build the Muungano team and help expand it and let the group as a team come with a set of demands to take to the government side which as we know are banking on the status quo.

Then we have the Amendment Bill prepared by Muite and Marende from the Justice and Legal Affairs Committee, which is already listed as item for debate when parliament opens (if the government doesn't kill it). I personally don't like that Bill, because I think it is too shallow and has little substance even just for the purposes of free and fair elections. But it is a start. Where does this Bill fit in the scheme of things? Is this what the ODM and Muungano group want to be passed or do they want the government to draft another one?

The ODM also is very silent on entrenching some basic human rights issues and integrating transitional agenda issues in the minimum reforms. We have to challenge them on that.

If we add all these to the fact that the ODM already had their M.P only consultation team to review contentious and produced a report they have never shared with the public, the picture doesn't look too pretty.

The ODM has to learn to work with everybody else and expand the tent they are willing to work from so that we can collectively confront the Kibaki turncoats who lying through their teeth that they can bring comprehensive reforms now after sabotaging it for four years.


Adongo

[job]

Adongo,

All is not lost in this thing. I think that ODM is not necessarily asking (begging) Kibaki to take ownership of the reform process. No one is asking him to take control of the process. Kibaki himself has promised/ commited to the Kenyan people on several occasions that he would facilitate the review process.

If anything I can see that ODM is trying to work with everyone as it should be (including Kibaki ). I think some progress is being made with akina Muite, the Muungano wa Katiba team and other civil society and religious organizations besides just the politicians. I agree that one ODM spokesman should be taking care of these reform matters to avoid conflicting statements.

Many Kenyans appreciate the argument that comprehensive reforms may not be feasible now in view of the upcoming elections. However minimum reforms are badly needed prior to the elections. I totally agree that we need to make as many reforms as can be squeezed in the package, not just electoral but many others including gender & youth empowerment and transitional justice issues among others ( all for pretty obvious reasons).

ODM appears to have traced back Kibaki's own statements following the referendum,............ to publicly call for his direct involvement at the table. Not like anyone believes his word, but he must go on record with what he says and does in full view of the Kenyan public (known for forgetting too fast).

If he snubs the calls, that's fine, everyone is watching. This is an electioneering year and people will be soon begging for votes. But it would be foolhardy for ODM to SOLELY bank all their hopes in Karua, & pretend to sit down with the pu.ssy-footing loyalists (whose names will not appear on the ballot) and their partisan committee pretending to be doing anything useful. This appears a pure waste of time. Kibaki himself needs to involve himself in these issues.

ODM's attempt is going on record,.....in view of the lacking political will,......repeated public pleas for Kibaki's direct participation in the reform process is not a bad idea at all. Kibaki himself as Head of State (not his junior agents like Karua) is repeatedly being asked to do what he himself publicly commited to.

ODM may also be avoiding a scenario where they may come out as trying to arrogate themselves the sole mandate of chaperoning the process following the Orange (NO) referendum victory. That may invite a backlash ...... with talk like, ...ODM is trying to ursurp an elected government.

But they (ODM) are trying to involve the public to take the minimum reform message seriously, as you may have noticed in their numerous rallies across the nation. This thing involves all Kenyans, not just ODM supporters, but even the Banana supporters and others and at least something is being done which only needs refinement and fine-tuning.

From my judgement, ODM appreciates as a matter of fact, that ordinary people working side by side with the civil society, religious leaders and other grassroots stakeholders should take the lead. Your input (even through such views & prompts as youre doing) as AO for instance, is thus paramount at this particular stage since this must be an all inclusive process. Kibaki's facilitatory role is similarly requested even though he has openly indicated where his soul lies. All must be involved to secure even the most minimum of reforms. At least 2/3 of MPs must be on board for any bills to be passed too.

Following the government's defeat at the referendum, Kibaki made the following remark,.....

"Fellow Kenyans, As I have stated on several occasions, my Government will facilitate consultations to open the way for a legal framework that will guide the nation towards achievement of a new constitution. As we undertake this process, we should be positive and receptive to different points of view"

He went on to state this shortly after,.......

"On Jamhuri Day, I made it clear that my Government will facilitate the making of a new constitution through an all-inclusive and participatory process."

Martha Karua followed by promising a new katiba before the elections,......When the minimum reforms debate came up,.....she flip-flopped big time, first refusing to be part of it, then later accepting only to introduce mischief & chicanery into the talks.

The ball must be taken back to Kibaki with pleas for his direct involvement,...not sending Karua et al, to foot-drag and throw spanners in the reform works, in similar fashion as his predecessor Kiraitu did.

What if Kibaki's arrogance and contempt for ODM and other stakeholders leads him to reject such noble overtures & considerations?

Then it will go on record, that he snubbed all stakeholders including ODM. Afterall his record for breaking promises is now legendary. Kibaki has repeatedly disowned even his own blood and flesh (Winnie),... so this may not be news. In such case ODM must once again take a back seat and the other stakeholders can thus revive the struggle in the way we know best. Taking the battle right into the streets.

In March 2006, during the Opening session of Parliament………Kibaki had this to say......

"Mr. Speaker, we should all work together to minimise negative political activities that can create unjustified fear or uncertainty amongst investors."
I hope he was not implying that street protests (enjoyment of fundamental rights; freedoms of expression and association) is considered negative today the way Michuki seems to be suggesting. It is looming and it will come if need be.

If Kibaki is responsible, he should anticipate that people are not going to wait for him to rig himself back into power without instituting some minimum reforms especially those touching on the ECK. However much bravado Michuki tries to show, Kenyans can also get down to business in the streets and cause a stand-still when leaders get too silly and drunk with power. We have done this before and the efforts have contributed towards the minimal gains we so far have.

Kenyans need to be very wary of further manipulation by the incumbent government using the best tool they currently wield,……powers of the Presidency offered through the same ugly constitution we still have. The power of the State is concentrated in one person, the President, who also doubles as Head of Government.

Kenyans have long struggled for constitutional reform because they suffered under an oppressive system of government lorded by an Imperial President. The President dominates all institutions of the State.

Cronyism has been substituted for politics, merit thrown out of the window. the government frequently abuses the law and the exercise of power is unpredictable and arbitrary. The Judiciary has failed to protect the Constitution and the rights of the people.

There is corruption, plundering both of the State and a captive private sector, on a massive scale. Some homungatis are playing ball seizing public assets, one by one, in a frenzy. As the nation is kept AT BAY with occasional threats from the Michukis and other looting sycophants, Karua is buying time, plotting on how to use all State machinery to help rig back Kibaki in power,.....so that the 5-year grabbing-party can continue.

The national cake is not shared equitably with official marginalization of the youth, women and selected geographic-ethnic regions where there‘s heart-rending poverty; even government statistics shows that nearly 60 per cent of all Kenyans live below the poverty line.

Meanwhile we are fed a constant dose of 5.8% economic growth figures as we struggle to buy sugar, parrafin, and unga,.....all whose prices have more than doubled or tripled under Kibaki's watch dubbed the era of "A working Nation" where unemployment is otherwise at an all-time high.

Kenyans know that bad governance, corruption, tribalism, nepotism and ineptitude is the problem, period. The Katiba is central to all this. Some hope for some reforms (minimum or not) is ahead,... but it must come through a struggle (THANKS TO KIBE MUIGAI's RECENT BLATANT FOREWARNING),...we MUST BE PREPARED!

In this new struggle for reforms, & as should be, a critical role must be played by the ordinary people, civil society organisations and religious leaders. Adongo's input thus comes in mind, alongside that of all the rest of Kenyans who care. Some politicians who don't mind staying in the forefront can join the struggle but the leadership should remain with civil society groups not yet infiltrated by Kibaki's freebie-loving government. I am privy to the fact there has been overt infiltration of the civil society and the religious bodies by Kibaki moles. However many conscientiuos, committed & patriotic soldiers still exist within the sectors.

The process should be inclusive of the diversities of the country. It must be democratic and transparent. Above all, it is to be ‘people-driven’, and faithfully reflect the recommendations of Kenyans.

As Roughrider previously stated in an earlier post (seperate thread), here in jukwaa,......I can't help but literally paste Roughriders exact words quoted here below in 8 points.............

1. It is now crystal clear that a comprehensive constitutional review cannot be achieved before the next general elections because we have neither time nor resources. In addition there is no legislative framework in place to guide the process.

2. The mandate for chaperoning a fresh and acceptable constitution is therefore that of the next government and the 10th parliament.

3. In order to get a comprehensive constitutional review we need to elect a government and a parliament that has the political will, intellectual and social capacity to allow far reaching reforms.

4. In order to elect a government that will allow far reaching reforms we need to assure of free and fair general elections in 2007; the elections of 2007 must by all and any means necessary reflect the sovereign will of the Kenyan people.

5. The last elections in 2002 were deemed to be largely free and fair under the current constitution and the informal IPPG arrangement mainly because former President Moi allowed them to be so. President Kibaki, at the last referendum and during the recent by-elections has shown that he will not be equally magnanimous, and will use state power and resources to tilt the balance. This is unacceptable.

6. In order to assure free and fair elections in 2007 – and therefore secure the promise of greater, deeper, wider, far-reaching and radical reform – we need to implement fairness reforms.

7. Like good farmers, Kenyans will, by allowing some reforms today, be clearing the land for the ploughing tractors of greater reform.

8. The decisions on ‘when’, ‘how’, ‘why’, ‘what’ and ‘how much’ vis-à-vis constitutional change is fundamentally and essentially that of the Kenyan people collectively. It is not that of the president, cabinet, churches, political parties and other interests groups. They may lobby and cajole the people as is the tried and tested democratic practice but they may not ‘rule out’ or engage in brinkmanship with the people.


unedited.
Job

[adongo12345]

Job

I agree with you, that Kibaki has a big role in facilitating the process. In fact that is his job. Point of fact is that he wouldn't do it. His mission from day one has been to sabotage the process if he can't impose their preferred Katiba.

Both Kiraitu and now Karua are under strict instructions to stick to the Kibaki agenda and never allow any room for creative thinking and alternatives that may emerge in the process of consultations. That is what led to the Kibaki failure at Bomas forcing him to resort to the hideous tactic of simply storming from the process at the very end. Then they went bellicose at the referendum still under the illusion that Mtukufu Rais can mesmerize Kenyans and get his way. They were wrong again.

Now we have the Martha Karua MSF joke which lasted one month and flopped, leaving Karua sitting with some hand picked civil society "representatives" with no power and no credibility.

My point here is that the ODM should move towards embracing more participation and structured negotiations with credible civil society groups and other political formations while keeping their eye on the ball, which is keeping everything at the grassroots. That is where the power is. Mass action cannot just be a threat to be hurled at the powers that be whenever we need to get things done. Mass action must be a living organism. It has to be the umbilical cord between the masses and the leadership. To that end the ODM must be constantly working with wananchi and building solid structures for action. I think the ODM has used their presidential campaigns well in always addressing the big picture not just their individual interests in carrying the party ticket to the big dance.


My point here is that, Kibaki and his people are only going to come to the table to talk about minimum reforms if we put their bums on fire. Otherwise they prefer to stall the process at every turn. Why do you think they are always quiet until the opposition propels the matter into the limelight and then Martha summons his boys and girls and they get jumping for a few days and disppear into the alleyways waiting to be summoned again.?

I also think we need to really confront Kenyans with the reality they already know which is that the Katiba, as you have pointed out will be the historic task of the 10th parliament. Kibaki has missed the boat and Kenyans have to decide between keeping him and having the same old junk constitution may be tweaked here and there or kicking Kibaki out and taking ownership of the process leading to a truly people driven constitution.

Adongo.

[adongo12345]

COMMENTARY

Reforms demands wanting

Story by STEPHEN MUSAU
Publication Date: 2007/02/08

The Parliamentary Committee on Administration of Justice and Legal Affairs led by Kabete MP Paul Muite came up with 10 “essential reform packages”, initially defined as minimum reforms.

On the other hand, the Government, through Justice and Constitutional Affairs minister Martha Karua claims to have its “minimum reform packages”. The two camps assert they have the road map to a new constitution, but are playing hide and seek.

Embryonic motives

The intensity under which both initiatives are said to be essential reforms and, therefore, the need to rally Kenyans around any side puts doubts to their embryonic motives. The clamour, the purpose and the end result to the ordinary people might be “we were taken for yet another ride”. The past could be repeating itself and the best reference point.

The 10 essential points for reforms by the parliamentary committee are merely election-geared. It is only one issue that might benefit “Wanjiku” if these reforms go through.

Anchoring the reform agenda by providing for replacement of the current Constitution through a referendum, as it is being put, is close to the suffrage but also a mirage.

This is because the Electoral Commission has cried out for a Referendum Act and the committee wants to sneak in the agenda in a shrewd way by not saying it is the amendment of Section 47 of the Constitution. What many Kenyans want to hear is the amendment of this section to pave the way for the making of a new constitution, as was argued in Bomas. Civil society groups have advocated for this to reopen the review process but have been ignored.

The other nine points are purely for the politicians, and therein lies the problem. The enhancement of the independence of the ECK to provide for an autonomous and independent organisation devoid of political manipulation is a posh argument by both camps. While Kenya needs a professional ECK, the timing of its reform is wrong and many of the demands have been overtaken by events.

The reforms needed over the last four years. But none of the politicians took a Bill to Parliament to reform ECK. It was not an essential agenda in the House then. No bill, even a private member’s bill was proposed on the same. It became an issue after the nomination of the nine commissioners and even the recalling of the Inter-Party Parliamentary Group pact spirit of 1997, which many MPs now agree was merely a gentleman’s agreement.

If the Opposition was to be told to table its nominees, who would it have in mind that could be agreed upon by all using the current Constitution that gives the incumbency all the powers?

Argument holds little

The disunity witnessed in the Opposition when it comes to nominations, including their own delegates, leaves a lot to be desired.

By luring women with nominations to Parliament through entrenchment of affirmative action and increasing their number to 24, the group ignores the spirit that has been upheld on nominations.

Nominations were meant for special interest groups like persons with disability, women, youth, and marginalised communities. The agenda has been reduced to women, as they form the majority of voters.

As the 2007 elections near, participatory democracy should remain key. Therefore, minimum or essential reforms have little space for people’s contribution apart from deals being sealed.

Mr Musau is a rights activist

[adongo12345]

Folks

There is a fundamental flaw in Musau's argument above and it has been at the heart of what has ailed the civil society participation in the post referendum discourse on the constitutional reform particularly the minimum reform debate.

The argument above is premised on the false argument that the struggles for FREE & FAIR Elections in the forthcoming General Elections means nothing to Wanjiku and only serves the interests of politicians. I find this line of thinking absurd for a couple of reasons.

1. How can the people of Kenya who are the voters have no interest in free and fair elections? Who said that Kenyans do not mind if the Kibaki government wants to use the powers of incumbency and their control of public resources to rig themselves back to power?

2. In Kisauni and other by elections Kenyans saw day light robbery of elections carried out by the Kibaki government. Have Kenyans told someone secretly that they are thrilled with the riggings and would like that to be the order of the day in the forthcoming General Elections? I am yet to see Kenyans demonstrating anywhere demanding more rigging of elections? How did I miss all that.

3. In all democracies free and fair election is the pillar to the "participation" of the people in choosing their leaders whom they hold accountable by the power of their votes. Isn't FREE & FAIR elections one of the most fundamental human rights in "a free society". Why are some human rights groups in Kenya telling us wananchi should NOT give a hoot about the elections being free and fair?

4. The other argument we hear all the time is that yes Kibaki let us down (something we should have seen three years ago) but we don't trust ODM and therefore really don't care about their battles. The ODM went to battle with Wanjiku at the referendum when Wanjiku was crying out for leadership to stop Kibaki from imposing a hideous constitution on Kenyans. They have a decent rapport with the wananchi on the Katiba issue. We can't take that away from them however hard we try. They have big problems no doubt. In any event it would highly irresponsible to say Kenyans should not care about FREE & FAIR elections because the victims are going to be ODM. No the victims are going to be the Kenyan people who will robbed of the right to choose their leaders in a free and fair manner.


5. I have argued even on this thread that the civil society groups need to develop a credible reform agenda and pursue it vigorously by working with all sectors of society. This is what we have done for decades. From the time the minimum reform debate started we have wavered left, right and centre and considering the fiasco that a good number of civil society representatives exhibited at Bomas and after, is it any wonder that many Kenyans now see the civil society groups particularly the elites in the group as just another cog in "political class" to borrow the famous phrase. At first we pitched tent with Karua trying to convince ourselves that comprehensive reforms are possible before the elections. Now it looks like we honestly don't know what to do.

Why are we waiting for the politicians to put "wanjiku's agenda" in the minimum reforms? Who is stopping us from articulating and campaigning for that agenda? I am sure people like comrade Musau who are in the thick of battle in the ground are working on something. I can't wait to hear what the game plan is.

In the meantime, lets agree on a simple fact. FREE & FAIR elections are critical for Kenya in the forthcoming General Elections and is actually a good thing for all Kenyans not just politicians.

Adongo


Note I have a lot more to say on this issue but my first post melted due to an error. I have to go now but I will have my say tomorrow and may be we can discuss this nagging problem of people telling us ONLY politicians need free and fair elections.

[job]

Adongo,

Of course Musau's claims above are basically pure hog-wash. There's nothing that seperates reforms into clusters like reforms for politicians and reforms for Wanjiku. Free and fair elections is a fundamental desire for all Kenyans, .....& so is the desire for empowerment of women and youth, .....transitional justice issues etc ..............I wonder where this fellow (ati rights activist) is coming from.

Prospective reformists and wananchi must be wary of such arguments which amounts to nothing but an attempt to confuse the ordinary folk. Divisive antics by government agents and propagandists who wish to draw a wedge between reformist politicians and the ordinary folk are pretty obvious.

In retrospect, I found this vivid account (pasted below) by Dr. Misoi quite interesting;

THE UNTOLD STORY OF ORIGIN OF THE 1997 IPPG DEAL
********************************************

By Dr Joseph arap Misoi

KENYANS are aware that in 1997 the Kenya National Assembly transformed itself into an Inter-Parliamentary Parties Group (IPPG) forum in order to resolve reform demands from millions of Kenyans who fought long battles in the streets of Nairobi and elsewhere prior to and during the Saba Saba / National Convention Executive Council (NCEC) protests and riots that led to destruction of property, injuries and loss of life while the Kanu Government remained adamant, insensitive and violently attacked the reformists.

For the first time, I want to share with Kenyans and the world at large the origin, evolution, ups and downs of the IPPG dialogue process to date. This has become a novel Parliamentary, Constitutional, Legal;, Administrative and Political invention for conflict resolution in the interest of public good.

As a former Kanu hawk turned reformist and Member of Parliament for Eldoret South as well as an Assistant Minister in the 7th Parliament who experienced and witnessed the sufferings and agonies of innocent victims of ethnic / political clashes in 1990s, I resolved to seek reconciliation and promote dialogue as a means of peaceful dispute resolution mechanism.

I found the German Ambassador a good partner because although he was the biggest and most potent critic of Moi’s regime, he was at the same time a reconciliatory and devolutionist.

And in the course of sharing a cup of tea at Hotel Intercontinental, we agreed to promote dialogue together as a catalyst in the reform agenda.
The Ambassador agreed to facilitate dialogue and non violence to all the stakeholders in the reform movement. The first action was for him to seek dialogue with the biggest powers that be, namely President Moi. I also sought Moi’s audience and told him, Mzee hawa mabalozi si wabaya sana, (these diplomats are not sinister people as we believe) even the German ambassador whom I have disarmed wants to see your Excellency.

Immediately after making a courtesy call to Moi, ambassador Mutzelburg offered to host informal dialogue forums involving like minded MPs from all Parliamentary Political parties. I agreed to invite Kanu MPs and the ambassador invites the Opposition MPs from the list we had prepared. We did not want the opposition to know that I was the prime mover of the initiative lest they thought this was a Kanu ploy to keep them busy and that is why the Ambassador had to take care of inviting Opposition MPs.

About 10 MPs were invited to a dinner in the residence of the German ambassador where diplomats from other Western countries were present as dialogue facilitators.

This first meeting was the beginning of an informal 1PPG consultation in 1993 and from then on we continued meeting every two weeks for about 2- 3 years, sometimes at the residence of the British High Commissioner who was also keen in consolidating the spirit of dialogue. This is when it dawned to us that sometimes diplomats can be useful to both the ruling elite and their opponents.

Those who formed the nucleus of 1PPG in secret meetings were Hon Prof Anyang Nyong , Hon Paul Muite , Hon. Martha Karua , Hon Musikari Kombo, Hon Kiraitu Murungi, the late Hon Ooko Ombaka, Hon Saulo Busolo, Hon Dr Mukhisa Kituyi and Hon Dr Joseph arap Misoi.
Although I was a link to Moi in State House for strategic purposes, I made sure that I told him positive aspects of dialogue with his opponents.
Of course we kept in the dark all KANU hawks, hard-core Opposition leaders and other spoilers. On the Kanu side I made sure they did not know what we were doing because they were the biggest stumbling block to the reform agenda and they would have done everything to destroy the initiative and blackmail me as a sellout to opposition agenda.
These informal 1PPG forums strengthened the spirit of dialogue so much that we were able to listen and speak out our true feelings and open up to one another.

The ambassador was so happy that despite our different political orientation we were reasoning as Kenyans with a shared vision and purpose. Ambassador Mutzelburg was so encouraged that he organised study tours for MPs and NGO representatives to visit Germany to learn the art of dialogue and negotiations from their federal systems where they even have in-built dispute resolution mechanisms.

Unfortunately when Moi reneged on his 1995 new year pledge to convene a forum of constitutional lawyers and experts from the USA, Germany, France, Britain and Canada to assist in collating the views from Kenyans before putting to Parliament for debate, the Mutzelburg and his colleagues were so disappointed that they almost lost interest in the discussions but we convinced them that this was just a temporary setback.

The 1997 Saba Saba bloody street clashes placed the country into a disintegrative trajectory, and which inspired us to go an extra mile even as some of our members had gone to the streets to agitate for reforms.

This is the time we had linked up with lawyer PLO Lumumba , Nicholas Otimo , Hon Kipruto Arap Kirwa , Hon. Jillo Falana Hon Maoka Maore and many others to launch the Movement for Dialogue and Non violence
( MODAN) whose clarion call was dialogue and moderation in the reform process.
The launch was attended by 300 dialogue facilitators and foreign diplomats although Sabasaba activists attempted to disrupt the proceedings on July 29, 1997, but were kept away from the venue.

I recall bitter memories and embarrassment meted to me as a Government official at the Addis Ababa regional conference on good governance when the World Bank, IMF, UNEP other international bodies ensured that I did not address the conference because of Kenya’s poor record on governance.

The launch of MODAN in July 1997 coupled with the failure of the Religious Mediation and Reconciliation Committee to which I was associated with catalysed the reactivation of IPPG into a fully pledged Parliamentary model for conflict resolution.

When I came back from Addis Ababa, I told Moi that Kenya’s image was so bad that only dialogue would do the trick. The 1997 IPPG dialogue was the only intervention to bridge a frustrated and fatigued KANU Government and an Opposition that had already exhausted itself in the streets.

It was during the Kanu Parliamentary Group that we told ministers with Hon. J.J Pallana that since KANU had reached the end of the road, they should not cheat Moi any more and that the only way out was to let the MPs process the reforms.

Of course we had done the ground work quietly and had assurances of many MPs including Hon Martin Shikuku, Hon James Osogo, Hon Ochieng Oneko, Hon the late George Anyona, the late Vice President Kijana Wamalwa, Hon Njenga Mungai, Hon Dr Oburu Odinga and even the then DP chairman Hon Mwai Kibaki who were recruiting other MPs to join IPPG and take over the reforms from the streets.

Hon J.J Pallana was mandated to spearhead the process and within three days IPPG was a reality and had captivated the whole country and friends as over a hundred MPs were involved in dialogue and negotiations at Nairobi’s County Hall.

In order to keep away destructive MPs from the IPPG process, we established silent rules of conduct to bar such persons from contributing to the debates until all parameters and road map had been crystallised, defined and accepted. Such leaders included ministers and opposition leaders who were only allowed later on to speak.

I can claim without apologies that the 7th Parliament did this country proud as its MPs participated as independent representatives of the people and not sycophants of political parties or personalities
The strategy was to ask Kanu and the Opposition to present their reform package and leave the rest to the plenary sessions at County Hall. It took only a few weeks to come out with an acceptable and negotiated reform package. The environment at the County Hall was devoid of all rigid parliamentary standing orders, rules and practices which the speaker of the National Assembly enforces ruthlessly.

All the major reforms which required consent of the people were left to the review commission. The success of the IPPG reform package was possible first and fore most because both the Opposition and the Government had reached the end of the road after religions groups failed to mediate and secondly the public was becoming impatient with Members of Parliament to save the country from chaos.

There is no doubt the IPPG solution calmed the heightened national political environment, enabled the 1997 general election to take place in peace. This package has kept the country ticking to date even though others considered it a trick to delay comprehensive reforms. In fact it paved the way for the process to start, only to be stalled by current MPs.

In summary the 1997 IPPG dialogue reform package is a workable model for constitutional, legal, political and administrative dispute resolution. It can be replicated, reproduced to resolve the 2007 minimum reforms impasse.

This is the challenge to President Kibaki’s government and the opposition parties in the 9th Parliament to stand and be counted.
As a pioneer of IPPG dialogue, there will be no meaningful minimum reforms unless the Constituency Development Fund (CDF) laws are overhauled to keep out MPs who are using the funds to advance their political interests.

The author is a former Member of Parliament for Eldoret South and Assistant Minister.

www.timesnews.co.ke/07feb07/nwsstory/opinion2.html

[kamalet]

Considering that progressively the ordinary Kenyan keeps pushing the constitutional review lower and lower their list of priorities, should we not then safely conclude that the push for "minimum reforms" is a politician's agenda that serves not the Kenyans but the politicians?

Of the minimum reforms, which one is pro-people that would impact their lives immediately and which cannot possibly wait for 2008?

[software]

kamalet

A very potent idea.

I think the constitutional reforms became airtight comprehensive and nothing but fully comprehensive when 'wanjiku' (all kenyans) was/were factored in to play part in the reforms. No organisation or body or person would take lead in demanding their reforms as a priority over others, which cleverly, political groups under the guise of ODM seem to be doing.

ODM initially a reform body, which now has been hijacked by leading political members is just acting like KANU in 1990s, and NARC 2005 where they pushed for minimum reforms for thier own gains and nothing less or more. Ordinary Kenyans in ODM have been pushed out of the process.

The constitutional reform process which Kenyans undertook since the early 90s entertains no room for minimum reforms, infact in our reform process there is nothing like minimum reforms. Its reform for all or nothing.

Politicians with thier status and in a positions to voice thier needs have always wanted things reformed to thier needs forgetting the needs of 'wanjiku' or if ordinary kenyans ever exicted . KANU tried it and failed, NARC tried and re-awoken from their slumber in 2005 . LDP, KANU again under the guise of ODM are trying it and will also be awoken from their slumber.

[job]

Folks,

Whoever says wananchi have relegated constitution reforms down their list of priorities is crazy.

Whoever argues that reforms will not directly impact on lives of ordinary folks has really gone bananas.

All I agree with is the fact that the ordinary folk must stay at the forefront of the reform process.

Once again I'll re-post Roughriders points which sums up this thing quite well;

1. It is now crystal clear that a comprehensive constitutional review cannot be achieved before the next general elections because we have neither time nor resources. In addition there is no legislative framework in place to guide the process.

2. The mandate for chaperoning a fresh and acceptable constitution is therefore that of the next government and the 10th parliament.

3. In order to get a comprehensive constitutional review we need to elect a government and a parliament that has the political will, intellectual and social capacity to allow far reaching reforms.

4. In order to elect a government that will allow far reaching reforms we need to assure of free and fair general elections in 2007; the elections of 2007 must by all and any means necessary reflect the sovereign will of the Kenyan people.

5. The last elections in 2002 were deemed to be largely free and fair under the current constitution and the informal IPPG arrangement mainly because former President Moi allowed them to be so. President Kibaki, at the last referendum and during the recent by-elections has shown that he will not be equally magnanimous, and will use state power and resources to tilt the balance. This is unacceptable.

6. In order to assure free and fair elections in 2007 – and therefore secure the promise of greater, deeper, wider, far-reaching and radical reform – we need to implement fairness reforms.

7. Like good farmers, Kenyans will, by allowing some reforms today, be clearing the land for the ploughing tractors of greater reform.

8. The decisions on ‘when’, ‘how’, ‘why’, ‘what’ and ‘how much’ vis-à-vis constitutional change is fundamentally and essentially that of the Kenyan people collectively. It is not that of the president, cabinet, churches, political parties and other interests groups. They may lobby and cajole the people as is the tried and tested democratic practice but they may not ‘rule out’ or engage in brinkmanship with the people.

[adongo12345]

Kamalet & Software

Where is the information about Kenyans pushing the reform agenda "lower and lower in their list of priorities". From Steadman polls again? Please. The measure as to whether Kenyans are willing to fight for minimum reforms will be determined when the mass actions get rolling. I am sure that is the language people like you understand. Don't worry it is coming big time.

Kenyans know they will never get anywhere with Katiba unless they lay it on the line. It shall be done.

About the ODM being hijacked by KANU etc, I think we should tweak our memories just a little. I was at Bomas though briefly and the same Kanu leaders we are trying bash here, people like Ruto even Gideon Moi (for crying out loud) were the most vocal in defending the CKRC report which formed the bulk of the Bomas Draft. In fact Ruto was to me the most organized, talking to delegates and moving from tent to tent very stoic on making sure Wanjiku's wishes as expressed in the CKRC document were respected.

It was the fraudsters like Kibwana who became a total embarrassment. Kibwana became a Kibaki mouthpiece at the event and at one time looked absolutely ridiculous storming out of the Committee he was chairing because the delegates refused to be dictated to by him.

The idea of "reforms for all or nothing" is quite apolitical. If you look at where we are in 2007 and where we were in 1982 when people like Kibaki imposed the one party rule, it is obvious we have made progress. It didn't all happen at once. As a matter of fact we have had numerous minimum reforms every step of the way. The repeal of Section 2(A) was a minimum reform which changed many things int he country.

IPPG 1997 was another. The CKRC Act 0f 2001 was yet another milestone. Why not now.

Nobody has answered the simple questions I asked about why some people are so bent on promoting rigged elections. What is in it for them.

Lets get real. People are not going to just wake up one morning and bingo we have a new constitution. It has been a struggle and the right leadership is always there to advance the fight. Civil society groups played a key role in the nineties. That is very commendable. The Kibaki regime completely disorganized that group and now they are struggling to find their footing. The ODM is playing their role. Kenyans would welcome other groups. People don't need to feel so intimidated by the ODM. They too are Kenyans and the constitution is for all Kenyans including the criminals at Kamiti.

History will judge us by what we bring to the table. And boy is it ever a big table. Kenyans will have minimum reforms before elections and if the ODM is willing to be part of that battle good for them.

Adongo

[kamalet]

A case in hand!

Over the last few days I have been engaging with a fellow called Omondi who was panel beating my wife's small car after an accident. Inevitably any discussion these days in Kenya tends to point to politics. Omondi has a number of fellows working for him who inevitable are some hard working luo young men.

These guys to represent those Kenyans who are not in the elite group of thinkers hence politics to them is just kawaida as one would say. These fellows as you would expect have very high hopes about Raila leading this country for they are convinced that he has all that it takes. So in my usual spoil sport way of doing things, I suggested that Raila will be with Kibaki come the 2007 elections having abandoned the other ODM fellows. This was an incredulous suggestion which they dismissed. But then we looked possible scenarios that could lead to this and they started appearing plausible.

So after looking at the possibilities of how Raila will not become president, and when some people started seeing these as real possibilities, the question then came of how Raila would lead his constituency back to Kibaki after taking them out to ODM. I then suggested that constitutional reform appears the only way for Raila to have a remote chance at the presidency.

Omondi looked at me and told me that he does not think the constitution is the problem in Kenya, but Ukabila as perpetuated by Kibaki today. So I asked him then whether he thought Raila would defeat the vice. He laughs and askes, "kwani Raila hakuna wajaluo anajua?" To him, the same Kikuyu clique he thinks surrounds Kibaki is also present around Raila hence tribalism would still persist.

But then I told good old Omondi that we can get constitutional set ups where this vice can be minimised. He again dismissed the issue of the constitution suggesting that to him Kenyans are waiting for December to vote out Kibaki rather than go through changes to the constitution that only help wanasiasa! In the meantime, the important things to them are simply how they feed themselves and get a roof over their heads.

So when I retreated later in the evening for a drink with my 'boys' from the slopes, I repeated this discussion with Omondi and his panel beating boys. Again these fellows thought the constitutional reforms being pushed by politicians are only geared towards giving them avenues for entrenching themselves in power.

Perhaps on the ground, you will find Kenyans who no longer think the constitution is a biggie especially the middle class with no political ambitions. The others in the lower class are either too busy to think about some booklet or are easily swallowing the call from the politicians that the minimum reforms will improve their lot!!!

[job]

[job]

The Standard

By Joseph Murimi

President Kibaki is hurting his re-election bid by remaining aloof to the calls for essential reforms to enhance free and fair elections.

Chairman of the Parliamentary Committee on Justice and Constitutional Affairs, said it is in the interest of the President to heed the calls by majority Kenyans, who want the playing ground leveled ahead of the General Election.

Speaking at the Safina offices in Nairobi on Sunday, Muite said unless Karume, Karua and Internal Security minister, Mr John Michuki changed their tactics "we are going to have a repeat of the referendum defeat."

He was reacting to Karua’s statement last Saturday at his Kabete constituency.

Muite said the attacks leveled against him by Karua were as a result of a letter the Muungano wa Katiba had written to the President on Friday, calling for dialogue and asking him to at least chair opening talks.

end of article
--------------------------------------------------------------------------------

Kamalet

Forgetting about this fellow panel beating your wife's car or your drinking buddies, there's a broader pool of masses that think contrary.

There's millions of people who realize that their day to day livelihood and survival is directly and indirectly intertwined with the constitution; vis-a-viz, sharing of the nation's resources and opportunities, land reforms, devolution and a genuine fight against grand corruption. People don't need to go in circles about this.

But Kamale that's not even the main issue right now since people have realized Kibaki doesn't have the will to change the current Katiba. All people want now is for him to facilitate the levelling of the playfield for elections as Moi did in 1997, among other minimum reforms. In doing so, he must come out in the open and dialogue directly with wananchi instead of staying aloof (at his own peril). Adongo has aptly titled this thread by agitating for the expansion of those "minimum" reforms into a comprehensive package.

Going back to how the Katiba issue affects peoples lives. How could it be relegated down a priority list when it directly affects
the same peoples lives? Some folks have land which has never beeen adjudicated purely based on the current patronage guided & political process (offered by the current Katiba) which basically relies on the president's whims for them to even dream of a title deed. Title deeds in certain cases have entirely changed peoples lives by opening up opportunities for borrowing and such.

The current Katiba vests all executive power on one man, an Imperial President who then lords over all policy programs for education, water, electricity, road & infrastructure development etc. A classic illustration during the Moi days,........
if just one politician from your region differed politically with Nyayo,...that would literally mean "siasa mbaya, maisha mbaya" for an entire community and region. Yaani no teachers, no development of schools, health centers, roads or water projects will come that way. This is utterly primitive and archaic. It is what we still have today under Kibaki,...and may be what will be inherited by the next President unless changed.

Political influence on policy matters affects peoples lives directly. Nyayo's own backyard endeared hefty & skewed allocations that will take years to correct. Today in 2006, Moi's native Baringo district still has the best primary teacher: pupil ratio in the nation, at 1:21 (in spite of the regime change 5 yrs ago) ; when districts like Kisumu have a teacher :pupil ratio of 1:83.

Presidential whims still dictate (singularly) most government policy decisions. This has largely continued under Kibaki, with Nyeri and parts of Meru recording massive allocations for development at the expense of the rest of the nation.

Such anomaly could only be corrected through serious address of the Katiba and you can not dismiss it as not topping the priority list of people unless you are speaking from a vantage of currently enjoying favours by such skewed arrangements which otherwise hurt the rest of the nation. You must genuinely appreciate that distinction to understand the other perspective in this debate.

Some vertical distribution of power ( a key Katiba issue) would obviously also have some long-run trickle down effect on national
resources to all corners of the nation in more significant proportions than the paltry CDF is currently doing. Specific home-grown development programmes would be prioritized according to local needs hence directly impacting on peoples lives bwana. How are all these not on wananchis priority lists?

Let's not try to confuse ordinary folk who understand how important the constitution is to their lives.

Kibaki knows this but has chosen to remain aloof due to his love for the current flawed constitution. His interests are in direct conflict with the interests of millions at this point. People will find a way to express this point pretty soon. Watch this space.

By the way did you notice similarity between Karua's recent actions and Kiraitu during his hey days at the same office. Constantly throwing spanners into genuine reform debate. This could be interpreted simply that Kibaki specifically created this Justice & Constitution Ministry to ensure the current constitution is not altered, period. Ati now Karua is claiming that even minimum reforms be taken through a referendum. That's exactly why no one wants to waste time "talking" to her when her mind and that of her master is quite rigid and pre-fixed. Let the boss himself talk to wananchi about all these.

Do me one favour this time Kamale and read RR's summary :

1. It is now crystal clear that a comprehensive constitutional review cannot be achieved before the next general elections because we have neither time nor resources. In addition there is no legislative framework in place to guide the process.

2. The mandate for chaperoning a fresh and acceptable constitution is therefore that of the next government and the 10th parliament.

3. In order to get a comprehensive constitutional review we need to elect a government and a parliament that has the political will, intellectual and social capacity to allow far reaching reforms.

4. In order to elect a government that will allow far reaching reforms we need to assure of free and fair general elections in 2007; the elections of 2007 must by all and any means necessary reflect the sovereign will of the Kenyan people.

5. The last elections in 2002 were deemed to be largely free and fair under the current constitution and the informal IPPG arrangement mainly because former President Moi allowed them to be so. President Kibaki, at the last referendum and during the recent by-elections has shown that he will not be equally magnanimous, and will use state power and resources to tilt the balance. This is unacceptable.

6. In order to assure free and fair elections in 2007 – and therefore secure the promise of greater, deeper, wider, far-reaching and radical reform – we need to implement fairness reforms.

7. Like good farmers, Kenyans will, by allowing some reforms today, be clearing the land for the ploughing tractors of greater reform.

8. The decisions on ‘when’, ‘how’, ‘why’, ‘what’ and ‘how much’ vis-à-vis constitutional change is fundamentally and essentially that of the Kenyan people collectively. It is not that of the president, cabinet, churches, political parties and other interests groups. They may lobby and cajole the people as is the tried and tested democratic practice but they may not ‘rule out’ or engage in brinkmanship with the people.

unedited.
Job

[job]

Daily Nation Editorial

A compromise on reform is possible

Publication Date: 2/13/2007

The announcement by the Muungano wa Katiba Mpya lobby that it will take to the streets this weekend to push for minimum constitutional reforms is a distressing signal. For if that comes to pass, it would take Kenyans a decade back, when virtually all avenues for expression were sealed, save for street protests.

Many had come to believe that Kenyans would never take that route again, and that our nascent democracy would continue to take root and solidify.

In any case, the restoration of multiparty politics was the express confirmation that so much power would never be vested in one hand, and that consensus would always triumph.

That there has been no solid reason offered by the Government to explain its intransigence, demonstrates a shocking disdain for the Opposition.

But this is not about who is right and who is wrong; there is sufficient reason to hope that the middle ground can still triumph.

A closer examination of some of Muungano wa Katiba Mpya’s demands reveals that they are reasonable requests that should be given a chance.

Key among the demands is their desire to have more than 5 million young people issued with national identity cards, the basic document that is required for one to register as a voter.

The restoration of the integrity of the Electoral Commission of Kenya and the Judiciary are other solid issues.

The latter two have been hit by credibility crises, what with the creation of new districts that nullify existing constituency boundaries — and which was done without any consultations with the ECK.

The revocation of the appointment of three judges to the High Court — even after the red carpet had been rolled out for them — typifies the sort of posturing that would compromise the independence and integrity of the Judiciary.

In a word, there is solid proof that adequate reforms are urgently needed to redeem these key institutions. The Government must take decisive action, but also convey its goodwill in seeking a lasting solution to the constitutional stalemate for the good of all.

And if there is any lesson from the 1990s, then it is that the innocent are the hapless pawns that perish when giants lock horns in a tussle.

The nation must not go down that route again.

[adongo12345]

www.nationmedia.com/dailynation/nmgcontententry.asp?category_id=2&newsid=91682


POLITICS

Karua rules out reforms talks

Story by MUGUMO MUNENE

Publication Date: 2/13/2007

The Government yesterday shot down the possibility of a meeting between President Kibaki, the Opposition and civil society leaders to resolve the quest for minimum reforms.

Justice and Constitutional Affairs minister Martha Karua said yesterday that Kabete MP Paul Muite was “seeking cheap political relevance” by requesting a meeting with the Head of State over a matter “that falls under my mandate”.

Things went wrong

“Muite appears desperate for political relevance and what he is asking for is way beyond his league. He chaired the Parliamentary Select Committee when things went wrong and Raila chaired it after him.

“These are the same people who are now a part of the problem,” Ms Karua said.

Speaking by telephone, the minister continued: “When the Government initiated the Multi-Sectoral Review Forum, Muite formed a splinter group headed by the parliamentary committee he chairs, which he projected as an end to itself, not even Parliament.”

She spoke a day after Opposition and civil society leaders revealed that they have written to the President asking him to urgently convene a meeting to resolve the minimum reforms’ impasse, before the General Election.

They told the President they had little confidence in Ms Karua’s ability to lead such a process and also urged President Kibaki to intervene on the issue of identity cards, which has a direct bearing on registration of voters.

The criticism

Responding to the criticism, the minister said that a new constitution will only be achieved through a referendum and added that Kenyans had “robustly proven” that is the only way it will be done. “Muite only sees negotiations through his terms.

The Government works through ministries and my ministry is in charge of the matter he is raising, and I am the foot soldier of the President and quite capable. I did it and the result was the two parliamentary Bills to entrench the review process and the referendum in the current Constitution. But Muite did not see it,” Ms Karua said.

Muungano wa Katiba Mpya says it wants the President to convene and chair the meeting as recommended by the committee of eminent persons.
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Job & Other Comrades

What you see above is the problem. Martha Karua who rightfully calls herself Kibaki's foot soldier is telling the nation that the whole problem is just about Muite and Raila. This has been Kibaki Achille's hill forever. Everytime they face a crisis that requires collective national action, they will always look for a scapegoat and lie to themselves that it is just a war of wits between them and the scapegoat.

That is how they lost at Bomas and that is how they lost the referendum and that is how they will loose the battle for minimum reforms. Raila has often been their prefered lynch pad and unfortunately for them they always see the tree for the forest and have been getting whacked left, right and centre. They are due for another whipping and it looks like they are going to get a good one. They are mad with Muite now. Apparently he is being seen as the traitor, which in itself implies there is massive tribal investment in the constitutional chaos in the country by the Kibaki regime.

Martha is still yapping on and on about her Constitutional Amendment Bills which even she knows are unworkable. Some time back I made the observation that the death of the MSF insane proposals would start with failure to enact the bill by December 2006 as they had proposed. That has now come to pass. By now according to their original plans, which they knew was fake, we would be appointing and electing delegates to the Committees. That is not happening and may not happen for some time to come.

The one huge propblem we are likely to face is actually in the original article of Stephen Musau.(Not the edited version from the Nation which has been posted on this thread.)

Musau pointed out that Martha has "cleverly" framed the bills to avoid direct mention of Sec 47, of the constitution. The trick here is to frame the bills in such a way that they will not require two thirds majority vote to pass in parliament. That is exactly what Kiraitu did to pave way for the Wako Mongrel. They celebrated in parliament after they passed the bill following a few minutes of debate.

Little did they know the tsunami that was to sweep them into the deep sea only a few months later. Kibaki has not learnt a simple and very crucial lesson in constitution making- It is impossible to trick the nation into a new constitution. It can only be negotiated openly and honestly. Till then, nothing doing. Kibaki has to learn that again the hard way. The trouble is he has very little time to play with. This is an election year. We are in for interesting times.

Adongo.

[adongo12345]

And here comes Mwenye Chuki again. The morons who run Kibaki government are really in for a shock. Kibaki is trying to revive the Security Committees that he was in charge of during the Nyayo Torture House horrors. Kibaki was the Chairman of the National Security Committee, when Kenyans were being tortured and killed not just in Nyayo House but at Naivasha Maximum Security prison and all a cross the country. The mzee thinks he can bring back the good old days. This is the best publicity for the rallies. Keep it up Kimendeero. You are a real gift to ODM and others fighting for a better Kenya. Yes a New World Is Possible. Bring it on.


www.eastandard.net/hm_news/news.php?articleid=1143964844

[job]

Folks,

Ok, ......Michuki's so called liberation arrived with Kibaki - he is a free man today with all manner of public largesse pouring his way. The news is this,........Kenyans are not. Our liberation is yet to be realized.

Let the blitzkrieg begin in earnest. What a gift of immense proportions. Me-Chuki has done it again.

He has clearly indicated that the Kibaki government not only intends to use the partisan hand-picked ECK hirelings recently appointed by the President, but also the State machinery. Karua and Michuki think they will propell Kibaki back to power by FORCE and INTIMIDATION in classic display of arrogance and impunity. We are watching keenly at some of these cartoons.

This unprecedented gift by collaborationist Kimendeero,..... he the liver-juggler of andu-aitu fame,...... couldn't have come at a better time. The high-handed Muthee, still nursing colonial-power hangovers has effectively launched the opposition rallying call for mass action.

He has singularly energized a base that was just getting woken up,......this makes it definitely easier for the mass action train to gather momentum.

I was literally waiting for this voice of Kimendeero today. It has come with great bonuses; return of the dark day policies,..ati no demonstrations without District whatever Committee approvals. What the heck are these entities about? Monitoring civilians to instill fear or what? Ain't happening anyway. Watch this space.

This man thinks he will suppress the fundamental rights and freedoms of Kenyans (earned through bloodshed) using the Provincial Administration which he intends to use to lock out competitive politics in the rural areas of Kenya. That is precisely where this reform battle is heading, whether he arms chiefs or not.

Why isn't that kind of energy used instead to curb insecurity in the country. People are not that foolish.

The return of the very dark days of dictatorship and authoritarianism seems a reality (in 2006) at the hands of a panicky ethnic kleptocracy. It is time for Kenyans to simply decide whether they will watch their hard earned rights dissipate away based on suppressive whims of a corrupt ethnic hegemony or not.

I hope for a spirited mass defense of fundamental freedoms championed from the very rural grassroots, by ordinary folk who pride themselves for having resisted an attempt at institutionalizing the same ethnic hegemony through a fraudulent constitution christened the Wako draft, just 1 year ago.

Aluta continua.
Job

[adongo12345]

You are Executive’s puppets, Kivuitu tells judges

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By Patrick Mathangani

They are partisan and firmly under control of the Executive — that was the verdict of the Electoral Commission of Kenya chairman, Mr Samuel Kivuitu, on judges handling election petitions.

Giving the harsh verdict on Thursday, the electoral boss lashed out at the judges claiming they are often given freebies in the form of stipends from the Executive and cannot be expected to speed up petitions or deliver fair judgements.

In his characteristic tough talk, Kivuitu said the judges are also subject to manipulation by ministers to make favourable judgements.

Kivuitu made these startling remarks, a day after Appeal Judge Mr Emmanuel O’Kubasu expressed outrage at delays in hearing of a petition filed by an election loser after the 2002 polls.


Unfair judgements

The ECK chairman said although the Judiciary and the Executive operate independently in theory, the latter has control over the former.

Kivuitu’s remarks came shortly before the Judiciary holds two open days where judges and magistrates would be interacting with members of the public as they send out the message that the Bench is more open, transparent and efficient in the delivery of justice.

Kivuitu said that although it is the Judicial Service Commission that compiles a list of people to be appointed judges, the President could decline to approve it, meaning he has the final word.

The commission also determines judges’ pay, but the Executive gives their allowances.

"Not only does it (the Judiciary) appoint, it also bribes them; because stipends are bribes," Kivuitu told a public lecture on electoral law reforms, organised by the Kenyan chapter of the International Commission of Jurists.

He added: "If there is a petition against a minister, my friend, would you be in a comfortable place?"

Kivuitu recommended a review of laws to cement the Judiciary’s independence and ensure petitions are handled fairly.


Big shame

On Wednesday, Justice O’Kubasu said the delay in determination of a petition against Magarini MP, Mr Harrison Kombe, was an embarrassment to the Judiciary.

With only ten months to the General Election expected in December, there are 10 petitions still pending in court.

Kivuitu said courts had monopoly over decisions they make and no other organ of Government could overrule them.

Kivuitu also made a raft of recommendations to ensure a fair climate for all sides during elections.

Plunging into a recent debate over appointments of electoral commissioners by President Kibaki, Kivuitu said there should be proper guidelines on qualifications. Kibaki was criticised by the Opposition for naming the commissioners without consulting them.

Kivuitu said appointments are made without guidelines, a window that could see the appointment of people of a low moral standing, and questionable credentials.

He said such important appointments should be vetted to avoid bribery of the Commission, adding people have tried to bribe him for favours in the past.

"I’ve seen a lot of money being brought before me to do this and that. But I’ve declined because the little I have is enough," he said.

The Commission, he said, requires more staff, above the current two in every district, to effectively manage the electoral process.

He said a system should be worked out to allow the ECK chairman to call it a day on retaining retirement age, after which he/she should get a pension, a car and security.

He said the Commission could do little to punish people who use public money to campaign, saying it is often taken round by courts in vain.

"The whole thing is bogus. You are given powers you can’t enforce," he said.

A lawyer, Mr Kibe Mungai, said there should be clear guidelines on a ruling party once it is elected.

He said after the collapse of Narc, which beat Kanu to take Government on December 30, 2002, Kenyans should know which is the ruling party.
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One More

www.nationmedia.com/dailynation/nmgcontententry.asp?category_id=1&newsid=91816

J

udges' outrage over 10 pending election petitions

Story by FRANCIS THOYA
Publication Date: 2/15/2007


At least 10 election petition cases remain unresolved with less than 11 months to the General Election.

And as the country moves closer to elections, there are fears that some of the incumbent MPs could take advantage of loopholes in the existing petition laws as a tactic to delay the cases until Parliament is dissolved, thereby allowing them to serve the full five-year term.


Magarini MP Harrison Kombe (left) talks to his lawyer Gikandi Ngibuini outside the High Court yesterday. He is one of the MPs whose election petition is yet to be determined just months to the next General Election. Photo/ Paul Waweru.


Should any of the petitioners win, they will still have been locked out of the House for the entire duration of the Ninth Parliament’.

And yesterday, three judges hearing a petition against Magarini MP David Kombe expressed outrage at the delay in disposing of the matter.

Appeal Court Judge Emmanuel O’Kubasu described the Kombe case as ‘‘an embarrassment to the administration of justice in Kenya’’.

By the time all the 10 pending cases are determined, the sitting MPs will almost have completed their five-year term in Parliament, even if they lose.

Among the pending cases is one against Eldoret North MP William Ruto, whose election is being challenged by former MP Reuben Chesire.

In Kiambu’s Lari constituency, Mr Francis Kagunyi wants the election of Kanu’s Viscount Kimathi nullified.

Others include the Budalang’i constituency case in which Nairobi lawyer Peter Onalo has petitioned against the election of assistant Water minister Raphael Wanjala.

In Lamu East, Mr Mohammed Bwana Bakari has petitioned against the election of Mr Abu Chiaba. The Magarini constituency petitioner, Mr Julius Daraka Mbuzi, wants Mr Kombe out. Also at Coast, Kisauni constituency poll loser Hassan Joho is challenging the election of Mr Anania Mwaboza.

The others are Kiambaa, where Mr Robert Ngethe is challenging the election of Defence minister Njenga Karume, and in Rongai, where Mr Luca Kigen wants the election of Mrs Alicen Chelaite reversed.

In Turkana Central, former MP Immanuel Imana is challenging the election of Mr Ekwee Ethuro and in Siakago, Mr Ephraim Njugu Njeru wants the election of Mr Justin Muturi nullified.

The cases already determined include that of Nominated MP Kipkalya Kones, Transport minister Ali Mwakwere in Matuga, Mr Abdallah Ngozi in Msambweni, Kinango’s Mr Gonzi Rai and Kinangop’s Mr Waithaka Mwangi.

The three judges raised their concern while ruling on an application by Magarini MP Kombe, who wants five judges to hear an appeal against another Appeal Court ruling delivered by three judges.

The High Court and Court of Appeal have previously ruled that Mr Kombe’s election in the 2002 General Election was irregular, but he continues to sit in Parliament and enjoy the perks, thanks to an appeal process introduced in a 1997 deal by politicians.

With a little over 10 months to the next elections, no MP has lost his seat due to election irregularities even though some have been found guilty of election malpractices.

At least 10 petitions remain in various stages of the court system while 12 have been struck out.

Critics point out that laws relating to election petitions provide loopholes for those affected to buy time using delaying tactics in the judicial process.

Yesterday, Mr Justice O’Kubasu castigated Mr Garama Kombe for being behind the delays in concluding a petition filed against him. “We know it will not be in the interest of Mr Kombe to leave Parliament, having served since 2003.

“The whole thing is an embarrassment to the administration of justice,” the judge said.

Mr Justice O’Kubasu spoke on behalf of Mr Justice Onyango Otieno and and Mr Justice William Deverell.

Mr Kombe’s petition has dragged on in court for the past four years — from the High Court to the Court Appeal. Both courts found his election to have been irregular.

First, the Electoral Commission of Kenya lost its attempt to convince the High Court that Mr Kombe’s election was free and fair. The commission then appealed against the decision and lost in the appellate court last October.

Now, Mr Kombe has gone to the same Court of Appeal to ask for a five-judge bench to hear the petition afresh.

Yesterday, Mr Kombe’s lawyer, Mr Gikandi Ngibuini, told the three judges that he was unlikely to get a fair trial before them.

He argued that since they had presided over the ECK appeal and found the election irregular, they were unlikely to make a fair decision.

Judge O’Kubasu expressed his concern shortly before the court adjourned the Magarini petition.

“In view of the fact that there is a pending appeal by the applicant (Mr Kombe) and a further motion, we will adjourn today’s hearing and direct that the pending appeal and the motion be fixed at the registry,” appellate judges Okubasu, Onyango Otieno and William Deverell ruled.

But Mr Ngibuini replied that the current application should be treated differently.

The judges retreated to their chambers and emerged to announce that the petition had been adjourned for fresh dates to be fixed.

After the 2002 elections, 25 petitions were filed, of which 12 were struck off.



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I am hoping people can now see why I have proposed that we establish An Election Tribunal to deal with election petitions. What is the point of havign petitions heard after those who steal elections have been in office for 4 years. Isn't that an incentive to steal elections.

Interestingly, none of the proposals even the ones by the Muite Committee addresses this huge hole in the wall. Boy do we ever have a long way to go.

Adongo

[adongo12345]

www.eastandard.net/archives/sunday/hm_news/news.php?articleid=1143965026

www.eastandard.net/archives/sunday/hm_news/news.php?articleid=1143965027

www.eastandard.net/hm_news/news.php?articleid=1143965064


Folks.

It looks like we are on the right track with this thing. The Muungano approach is the best way to go. This is no longer a battle between the ODM and the DP government.

It also looks like the diehards like Kibaki and Karua are roaming in the wilderness with no clue where to go with the minimum reform agenda. Now they want dialogue and tomorrow they piss on the same idea. Narc K (DP) is completely getting isolated on the matter. Kombo and Ngilu cannot support them on the reform issue without being even more irrelevant as political parties. They have Nyachae with negligible supporters.

Bottom line is we are going to get the minimum reforms. The danger here is that Kibaki and his people are going to offer the bare minimum they can escape with. Secondly, sitting governments have the habit of trying to mesmerize the opposition with token offers and sometimes people get too excited and grab whatever is offered without realizing they are getting nothing much. That is why the opposition was so excited with the IPPG 1997 deal they forgot to incorporate it into law.

What we need now is for the Muungano group as a team to develop their package based on some of the items already listed in the Muite & Co Bill, some elements from the Martha Karua Bill and new ideas from other parties and come up with a water tight constitutional Amendment Bill that they can present to Kenyans.

I for one intend to come up with suggestions which I intend to share with my Jukwaa comrades and others in a few days.

It is all good.

Adongo

[adongo12345]

www.nationmedia.com/dailynation/nmgcontententry.asp?category_id=2&newsid=92202

POLITICS

Ministers clash over Kibaki at city talks

Story by DAVID MUGONYI
Publication Date: 2/20/2007
Two Government ministers yesterday clashed in a meeting over minimum reforms and whether President Kibaki had promised to serve for one term.


Justice minister Martha Karua and Regional Cooperation assistant minister Bonny Khalwale at a meeting on conflict resolution in Nairobi yesterday. The two clashed on minimum reforms before the General Election and whether President Kibaki pledged to be a one- term Head of State.
Justice and Constitutional Affairs minister Martha Karua and Regional Cooperation assistant minister Bonny Khalwale tore into each other before 14 delegates from Africa attending a meeting on conflict resolution.

It was Ms Karua who was the first to speak extolling the vision of Narc Kenya, which she said was supported by 29 ministers out of 33 and that it represented the face of Kenya.

She admitted there was no Government or Opposition party because of the infighting in Narc and this had made the country to stay on the edge for fear of a snap election since 2003.

“We have shades of opinion grouping as the Government and the Opposition? We have no clearly defined Opposition or Government, but our Constitution allows formation of government from among MPs.”

Ms Karua said that Narc founder members sought to unify Kenyans.

She enumerated the successes of the Government including 5.8 per cent economic growth, provision of free primary education and revival of the Kenya Meat Commission and Kenya Cooperative Creameries.

But Dr Khalwale who stood to read a speech by minister John Koech, said although he was a member of the Government, he did not agree with Narc Kenya policies.

Democratic space

The Ikolomani MP said: “As a member of the Government I don’t subscribe to the thinking of Narc Kenya. We don’t have apologies to make because when we repealed Section 2A of the Constitution, we wanted to expand the democratic space.”

He said it was evident Kenyans supported demands for minimum reforms as witnessed during a Muungano wa Katiba Mpya rally at Nairobi’s Uhuru Park.

“The minister for Justice is aware of a very big conflict in the country and you saw it on Saturday at Uhuru Park. It is on minimum reforms.”

Dr Khalwale asked the minister to stop living in what he termed a state of denial and implored her as well as the Attorney-General to advise the President that Kenyans wanted piecemeal reforms to ensure the next election is free and fair.

Dr Khalwale said the second conflict was President Kibaki’s refusal to emulate former South African President Nelson Mandela who served for only one term.

“It is not too late for him to be a transitional president; there is room for us who are close to Mr Kibaki to talk to him.”

But Ms Karua again took the podium and dismissed claims that President Kibaki promised to serve for only one term. She told those making the one-term claim to face the Head of State at the ballot.

They spoke during a Trade Unions Federation of Eastern Africa meeting at The Stanley hotel.

The talks had delegates from Sudan, Tanzania, Ethiopia, Burundi, Mauritius, Djibouti, Zanzibar, Uganda, Seychelles, Madagascar, Rwanda, Eritrea and Democratic Republic of Congo.

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Yap, that is the Government Of National Unity. Total confusion and living in denial. Now we are making a mess with the EALA now in court because of stupidity and greed and look at this embarassment before dignitaries from other African countries. And then you listen to Kibaki talk about " useless bastards" and then say other stuff that reminds me of my 90 something year old grandmother. And all these is supposed to be wiped out by Kibaki rolling out the list of achievements. Good luck fellas.

Adongo

[kamalet]

adongo12345 said:

I am hoping people can now see why I have proposed that we establish An Election Tribunal to deal with election petitions. What is the point of havign petitions heard after those who steal elections have been in office for 4 years. Isn't that an incentive to steal elections.

Interestingly, none of the proposals even the ones by the Muite Committee addresses this huge hole in the wall. Boy do we ever have a long way to go.

Adongo

Adongo,

Not even a tribunal will work in this country if the existing tribunals for such mundane things like NEMA, ERB etc are anything to go by.

Did you notice that O'kubasu complains about the delay in the Magarini case and promptly goes ahead and adjourns the matter? The problem is that the litigants use their lawyers to cause all sorts of delays!

In the meantime, Kombe is still the MP for Magarini!!!