Filed under: africa | Tags: amos wako, Constitution review, Kenya, Kibaki, odinga, ODM, PNU
The committee of experts charged with steering the process of giving Kenya a new constitution has come up with two contentious issues that they think should be ironed out before Kenyans can finally have a new constitution – after over 20 years of waiting. The issues are:
1) whether to have a presidential, parliamentary or hybrid system of government
2) whether the term of the current parliament should expire with the adoption of the new constitution.
To resolve these issues, the Attorney General, Amos Wako, wants Kenyans to submit their suggestions to his office. I say this is nonsense. The original idea to involve Wananchi in the writing of a new constitution was a mistake (I agreed with Moi, even back then as a high school kid) and any further involvement of “wanjiku” will remain an exercise in futility. Some of the best constitutions of the world – like the American one, for instance – were drafted by experts. Villagers in Siaya or Maragua do not care whether we have a presidential or parliamentary system. These are issues only in the heads of Kenya’s power-hungry ruling elite. All Wanjiku cares about is the number of sufurias in her kitchen. Period. Whatever system promises more sufurias she’ll be for it.
For full disclosure, I am not a fan of either PNU or ODM. President Kibaki is a living example of the excesses of an all powerful presidential system and a form of government lacking any separation of powers – the president and all members of his cabinet are also members of parliament. PNU wants to perpetuate such a system judging by what its talking heads are voicing.
That said, I think ODM’s call for a parliamentary system of government is also misguided. Kenya is a young democracy that needs stable government. Parliamentary systems, especially in fractious states like ours, are highly unstable. Look at Italy, Israel and Lebanon. They hold elections almost every few months and take forever to form governments. We need a stable and functional executive if we are going to accelerate Kenya’s economic development.
My two cents on this is that the solution lies in having a presidential system strengthened by a complete separation of powers. The president should be head of the executive and not a member of parliament. His cabinet ministers should also not be sitting members of parliament. Parliament should be independent. To acknowledge the ethnic realities of the country we need to have a two-tier legislature. The lower house should be composed of representatives from constituencies. The upper house should represent Kenya’s ethnic mix, with equal representatives from the major ethnic groups and regions. The judiciary should be independent of the executive without any compromise whatsoever. Judges should have life tenure and have their pay regulated by an independent public servants remuneration commission.
And on the second point. 2012 is close enough. Let President Kibaki serve the rest of his term and go in peace.
A friend of mine keeps telling me how deranged I am whenever I wax lyrical about Kenya’s preeminent position in East Africa. Being a perennial optimist on most matters Kenyan, I have somehow managed to convince myself that the current political troubles rocking the country are but transient – a necessary step on Kenya’s path to being the region’s top dog. But even I am beginning to get worried.
The recent fallout between Premier Odinga and President Kibaki is not a good sign. My worries have been further compounded by reports of the existence of militias being trained and armed by politicians. And forget about being the region’s top dog. Uganda seems to have successfully annexed Migingo Island. And without even having to fight for it. Just when did the rain begin to beat us so bad???
Things seem to be getting worse by the day. Corruption is off the charts. Nepotism and tribalism seem to be the norm in the public service. Kenyans continue to die of hunger like it is 20,000 BC (the Kenyan food jokes are not so funny anymore). The President and his Prime Minister are reading from different scripts. The country remains as divided as ever. And worst of all, the vast majority of Kenyans still live in a pre-industrial world where an obscene number of children die before they are five and those that survive have very little to hope for.
President Kibaki and Prime Minister Odinga are failing Kenya. They have it in their power to sack corrupt ministers. They have it in their power to impose civility on the civil service. They have it in their power to use the current crisis as a chance to craft social policies that will finally catapult Kenya into the 21st century. I am disappointed that instead of doing any of these things the two men have chosen to run the country like a village kiosk.
Filed under: Crises, East Africa, Kenya | Tags: kenyan cabinet, Kibaki, odinga, ODM, PNU
The back and forth tussle that has become of the negotiations between Kibaki and Raila over a coalition cabinet is very unseemly. More than twice, the two men have met and agreed on a deal only to have their mouthpieces issue statements on the contrary.
What surprises me is how PNU is acting like they did not know what they were getting into by signing the Feb. 28th agreement. By agreeing to share power with ODM, they essentially admitted guilt to the shady mess that was the previous December’s general election and thereby allowed ODM to put one foot into government. If PNU thought that ODM would be contented with the ministry of fisheries and such then they were way off the mark. Like any political party these people want power and they will not settle for less.
What Kibaki ought to do now is just give them what they want and then control them via the Finance Ministry. The two most contentious posts seem to be Foreign and Local Government Ministries. Kenya’s foreign ministry is not that big of a deal. Who cares about summits and talk shops around the world? Plus it’s not like the country has any coherent foreign policy that would be severely changed by an ODM apparatchik in the post. And with the ministry of Local Government, I say give it to ODM. It’s not like the major towns and cities – outside of the wider Central region – are not pro-ODM already. Having to fight councils and city residents selling tomatoes in the streets might even make them unpopular come 2012.
My two cents on this is that the tussle is about nothing really. The president can continue to run the entire cabinet through control of the treasury and concentrate power in the hands of the Finance minister. Kenyan ministers are not an ambitious lot so I don’t think any of them will want to do anything revolutionary simply because they are now in charge of local councils or the ministry of heavy industry (I can’t believe they are actually creating these superfluous ministries).
So save us the drama Mr. President and name a cabinet already. Your government will be a joke anyway, with its 40 cabinet posts. Kenyans will pay over 500 million Shillings every year paying for the bloated cabinet and expect and get absolutely nothing in return. Shame shame shame.
I put it to you that what really matters to Kenyans is not what post some fat cat gets in your government but the stuff that increases the number of sufurias of ugali in their homes : equitable economic development.
Filed under: Crises, East Africa, Kenya, News Analysis, Politics, World affairs | Tags: Karua, Kenya, Kibaki, odinga
In an extraordinary session of parliament attended by the president himself in his capacity as member for Othaya, parliament unanimously passed the bill to create the post of prime minister, expected to be occupied by Hon. Raila Odinga. For the first time in Kenya’s history a sitting president attended parliament to contribute to a debate on the floor of the House. The president sat in the spot reserved for the official leader of government business in the House.
Members from both ODM and PNU expressed their support for the bill, the most notable contribution being from Hon. Martha Karua, who had previously been adamant that Kenya’s crisis be solved within the existing constitutional order. Hon. Karua, while contributing to the debate, said that “The law is made to serve man, not the other way round.” The thawing of relations even on the floor of the House is further sign that the political leadership in Kenya might be genuinely committed to reform in order to herald a new post-tribal Republic. I would, however, not hold my breath. The real test still lies ahead in cabinet appointments. Ethnic balancing vs. rationality will be the big fight and it will be interesting to see how Kibaki and Raila choose to juggle the two.
For now Kenyans can afford to be hopeful that things might actually change. This hope for change should not be just about power sharing at the top but be accompanied with genuine reforms in the public service and government policy. The culture of mediocrity has to stop. Leaders must openly and courageously face the task of modernizing the Kenyan Republic. No more Kenyans should ever die of hunger. No more Kenyans should ever have to live in dehumanizing conditions as exist in slums and in vast swathes of the countryside. May rationality and decency prevail from now on, however hard it may be.
Filed under: African Economies, Crises, East Africa, Horn of Africa, Human Rights, Kenya, News Analysis, Politics, africa | Tags: Kibaki, Kofi Annnan, odinga, Raila, violence in Kenya
Kenya seems to be headed for more chaos as talks between the government and the main opposition party over disputed elections collapsed on Thursday. The opposition then reacted to this by announcing three days of street protests throughout the country in an attempt to force the government to resign.
The government is yet to react to the call for fresh protests. Last time the opposition tried to go to the streets they were met by paramilitary officers with clubs and water canons. A few were shot dead in the Western cities of Kisumu and Eldoret, the hot beds of opposition support.
By refusing to allow mediation to work, the two leaders in the midst of the current chaos, Kibaki and Raila, risk plunging this former oasis of peace on the continent of Africa into yet another failed African state. The economy has lost more than a billion dollars since December 27th and the stock market continues to record losses – five percent of its value has already been wiped off thanks to the violence.
True to a Swahili proverb, when two elephants fight its the grass that suffers – as Kibaki and Raila lock horns in their struggle for power it is the ordinary poor Kenyans that are feeling the pinch, more than anyone else. Prices have shot up since violence erupted in late December and more than 500 people have died already. A panel of mediators led by former UN secretary general Kofi Annan is expected into the country to try and mediate a settlement between Raila and Kibaki. The government has already shown its unwillingness to cooperate by insisting that the country needs no mediators as it is not in a state of war.
Filed under: East Africa, Kenya, News Analysis, Politics, africa | Tags: kenya's election results, Kibaki, odinga, ODM, PNU
Results streaming into various Kenyan news stations show that the main opposition leader Hon. Odinga is leading the incumbent President Kibaki by hundreds of thousands of votes. But these results are just preliminary since many poll centres have not finished the tallying exercise. As it stands Hon. Odinga has big leads in Western, Nyanza, Rift Valley and Coast provinces, while President Kibaki leads in Central and Nairobi provinces. The third candidate, Hon. Musyoka is leading in his native Eastern province.
The big losers in this election include the vice president and several cabinet ministers who have lost their parliamentary seats. The vice president Hon. Awori lost his seat to Dr. Otuoma, an ODM candidate. Fork Kenya chairman Hon. Kombo has also lost his seat to an ODM candidate. Other big losers include Messrs Raphael Tuju, Mutahi Kagwe, Njenga Karume, Nicholas Biwott, Gideon Moi, Paul Sang, Kabogo, Moses Wetangula, Moses Akaranga, Billow Kerrow, Mukhisa Kituyi, among others.
Meanwhile veteran Ugenya politician James Orengo is set to return to parliament after winning the Ugenya seat on an ODM ticket. News just in indicate that Raila Odinga has recaptured his Lang’ata seat. There were worries that the ODM presidential candidate might lose this seat and hence lose the chance to be president even if he won the presidential race due to constitutional provisions that demand that the president must be a seating MP.
There are no results yet out of North Eastern province. The ECK has not said anything about this anomaly.
