ODM threatens renewed protests

Story by CAROLINE WAFULA
Daily Nation
Publication Date: 2/20/2008

ODM is threatening to renew its calls for mass action next week and is demanding for parliament to be recalled to pass constitutional changes that could enable the Kofi Annan brokered deals to be implemented.

The party is demanding that Parliament be summoned within a week to enact necessary constitutional changes to pave way for implementation of proposals from the ongoing mediation efforts.

The ODM parliamentary group, which met at the Old Chambers of Parliament, accused PNU of deliberately delaying the mediation talks.

A statement issued after the talks said ODM does not see a serious partner in the PNU in negotiating for a peaceful settlement of the political crisis.

ODM Pentagon member Mr Najib Balala warned that ODM had become impatient. “We have been patient as ODM from the extreme position to a middle ground. But we are tired of delays, tactics and excuses that a political settlement could not be reached,” he said.

The meeting was attended by 45 party MPs and chaired by Mr Balala and party Secretary General Prof Anyang Nyong’o.

The meeting was held a day after President Mwai Kibaki said he was ready to work and share responsibilities in Government with ODM members, but that a political solution must be within the current Constitution.

He also proposed a comprehensive Constitutional review within 12 months. He was categorical that although he was encouraged and committed to the talks, a solution should be in tandem with the Constitution.

The ODM MPs said PNU was not treating the talks with seriousness and warned that ODM was becoming impatient.

Mr Balala accused PNU of arrogance. “They don’t believe this country has a crisis. They are not in a hurry. They don’t believe it is a powerhouse of Sub-Saharan Africa. They believe they want to rule and be able to steal what they have lost in 24 years,” he said.

The Pentagon member added; “We are pressurised by our people, if the negotiations are not working, then we change the terms of reference of the negotiations to discuss boundaries then we reduce them to an Island like Lesotho and that is the language they understand.”

Mr Balala said the party had in its parliamentary group meeting resolved to give the mediation team one week to see whether anything concrete will come out. It plans to meet again on Wednesday to prepare for a peaceful mass action at the end of next week.

Speaking on behalf of the group, ODM Secretary General Prof Anyang Nyong’o added that PNU was procrastinating in the talks, ignoring the urgency of finding a political solution.

“They are behaving as if it is business as usual and pretending that there is a legitimate government even though this is one of the issues at stake. We are impatient and MPs are sick and tired, We have tried to be decent enough to keep quite to give the talks a chance but we realise that we have no serious partners in the person on PNU,” he said.

Said Mr Balala; “We thought that the pressure from the international community would be able to make President Kibaki and his team to be flexible and come to a middle ground but it seems mass action is the only thing they can listen to. We shall therefore revive the power of the people.”

The parliamentary group said the current insistence by President Kibaki and the PNU leadership that the mediation proposals must be made only within the confines of the present constitution was a deliberate strategy to delay decisions at the mediation talks.

The MPs noted in a statement that the present constitution was itself a problem to democratic change and must be changed to be in tune with the popular demand for democratic governance in the nation.

The group argued that it was clear in Kenya’s history that past governments have always moved fast to change the constitution to deal with political crises, whenever they happened.

The case of 1964 was cited , when the Constitution was changed to abolish regional assemblies and to create a unitary system of government, soon after which the post of the Prime Minister was abolished to make the President the head of state and government.

The group also cited a case in 1966 when the Constitution was further changed to compel those who crossed the floor to join the KPU to seek fresh mandate from the people in a 'Little General Election.’ In 1991, President Moi compelled KANU to support the repeal of Section 2A of the Constitution to allow for multi-party politics.

All these, ODM said, was done without resorting to a national referendum.

PNU’s insistence that proposals be within the confines of the constitution, was according to the party, borne out selfish interests meant to frustrate the ongoing talks.

“Now, more than ever before, the popular pressure for a political settlement that will be inclusive and that will provide justice and peace for out nation in a democratic system of Government cannot be frustrated by those hiding behind the constitution while protecting their positions in the Government,” party members stated.

Said the group; “We are not surprised, however, that the hard-liners in the PNU are more zealous about protecting the imperial presidency than fighting for the rights of ordinary Kenyans when the agenda for change is now on the table.”

The party has, however, appealed to Kenyans to stay steadfast and support the Kofi Annan led initiative.

President embarks on second term with tarnished mandate

Daily Nation, Dec 31, 2007

MACHARIA GAITHO

If President Kibaki had a difficult first term ruling without any semblance of a ruling party, the trials he faced could be minor compared to what lies ahead of a second term with a deeply tarnished mandate.He took the oath of office with the immediate task of moving urgently to contain a highly volatile situation that could easily plunge the country into anarchy and chaos.
Yet he will be trying to do so from a position where he has been declared president but does not enjoy legitimacy. 


This is especially in some of the biggest and most populous regions of the country where perceptions of a stolen election have provoked the most anger. 


Political solution


He of course has the instruments of state: the police, the Provincial Administration and other security organs, which may be required to deal with any threats to law and order. 


Yet the crises Kenya faces require much more than the strong arm of the state law enforcement machinery; it calls for a political solution. 


It is doubtful that an Opposition convinced it was cheated of victory will readily cooperate with the President in the urgent mission to calm down their angry supporters. 


President Kibaki faces a situation where he may claim the popular vote, but won mostly from regions which are his political strongholds. 


It follows that the rest of the country could totally reject the results announced Sunday by Electoral Commission chairman Samuel Kivuitu through state-owned broadcaster KBC after opposition representatives left the Kenyatta International Conference Centre. 


Mr Kivuitu conceded there had been a lot that went wrong with the process, but insisted the normal recourse would be through the laid-down legal machinery. 


The problem here is that the Opposition might not be interested in filing election petitions that could take years to resolve. 


Some of the election petitions filed after the 2002 General Election had yet to be concluded by the time the present election was called!


The Opposition still has a strong card up its sleeve that could present more nightmares for the Kibaki Government than any legal action. 


Even before the final results were announced, there had been widespread riots in various parts of the country. 


In the populous Rift Valley, Nyanza and Western provinces, the Governments security arms might be completely unable to contain any renewal of violence. 


It might be worse when violence is aimed at those perceived to be supporters of PNU and the President. 


And here it could take an ugly turn because there could be indiscriminate targeting of people from President Kibaki’s central Kenya. 


Those are the people who bore the brunt of the so-called ethnic clashes in the Rift Valley engineered by the Moi regime in the early 1990s to counter the multi-party campaign. The polarisation from those dark days has never died, as seen by recent violence in the Molo-Kuresoi area. 


If the Kibaki victory ignites even more resentment against what could be seen as a 
scheme by a particular community to dominate the country, then people from central Kenya living and working in regions hostile to the Government could undoubtedly be in grave danger. 


The Government simply does not have the security resources to contain what could be a very deadly situation. 


It might not help, in any case, for the Government to send in security personnel to a hostile zone to protect a very vulnerable community that happens to be the President’s own. Such a security presence could itself be seen as an occupation force. 


With such a flawed mandate in any case, there is the possibility that the President Kibaki would find it difficult to command the loyalty of the entire security apparatus, which is made up of people from all communities in Kenya. 


In a nutshell, President Kibaki has taken office for a second and final term, but might be completely unable to govern in a situation that could easily lead to destruction of the country. 


That leaves him with the urgent need to reach out to the key Opposition leaders to secure cooperation in calming down their angry people. 


Yet at the same time the Government will also be keen to blame the same leaders for inciting violence. 


Terrible scenario


Indeed in his various press conferences Sunday, Mr Odinga pointedly suggested that any declaration of a Kibaki victory on the back of fake results would lead to an Ivory Coast-type situation, what he called a scenario too terrible to contemplate.


And at the exchanges with ECK officials at KICC on Saturday, Mr William Ruto, now the new Rift Valley kingpin, former MP Musa Sirma, and others, explicitly cautioned that a stolen election would lead to a very dangerous situation. 


Mr Raila Odinga and Mr William Ruto would need very strong incentives to respond positively to any appeals from President Kibaki for their help in restoring peace. 


They might be quite happy, to borrow a phrase from former President Moi who in 1997 set the precedent for a hurried private swearing in at State House to forestall a legal challenge — to let President Kibaki stew in his own fat; suffer the consequences of a situation of his own making. 


Security issues aside, there is also the basic issue of a president trying to govern without a majority in parliament. 


Strong opposition numbers could make the Government’s legislative agenda impossible. 


Even forming a government will not be easy.


With MPs mostly from central Kenya, the President will have a hard time creating a Cabinet that will be seen to represent the face of Kenya.


Hard bargain


Perhaps the urgent option will be to speedily invite ODM Kenya leader Kalonzo Musyoka into a coalition, but there is no doubt he would drive a hard bargain. 


He would probably settle for nothing less than the Vice-Presidency, provoking resentment from those who stuck by the President from outside central Kenya and survived the voter massacre. 


Mr Moses Wetang’ula, Dr Noah Wekesa, both from western Kenya, and Mr Chirau Ali Mwakwere (Coast) might also lay their own claims. 


With the volatile situation that is in the making, however, appointing a Cabinet might be the President’s least worry.

ODM rebel MPs claim Pentagon behind poll chaos

By CAROLINE WAFULA Posted Thursday, October 7 2010 at 09:19

Two ODM MPs have claimed the party's top leadership organ is to blame for the post-election violence that rocked Kenya following the disputed 2007 elections.

Isaac Ruto (Chepalungu, ODM) and Charles Keter (Belgut, ODM) claimed the party’s pentagon team held several meetings to plan mass action.

The Pentagon top brass included Raila Odinga, Musalia Mudavadi, William Ruto, Najib Balala, Joe Nyaga and Charity Ngilu, who all serve in the Coalition Government.

The two were among five MPs from Rift Valley who demanded Thursday that Prime Minister Raila Odinga should present to the International Criminal Court (ICC) minutes of the ODM meetings that planned the post-election chaos.

“Every time we had meetings and discussed mass action plans,” Mr Ruto claimed during a press conference at Parliament Buildings.

He said the PM should give the ICC Prosecutor Luis Moreno-Ocampo the ‘mass action minutes’ of meetings that were held to protest the outcome of the vote.

Asked to confirm the claims, Mr Keter added that the ODM “had meetings from time to time".

“We welcome the ICC to do their investigations thoroughly as they seek minutes from the Provincial Administration, they should extend the same to the ODM and there should be no bias and be balanced and extend to the ODM minutes,” Mr Keter said.

The five MPs convened a press conference to announce that they will not be attending a public forum that will be led by the PM in Kericho Friday.

The others were: Zakayo Cheruyoit (Kuresoi, ODM), Julius Kones (Konoin, ODM) and Benjamin Langat (Ainamoi, ODM).

They had received an invitation from the Permanent Secretary in the Office of the Prime Minister Dr Mohamed Isahakia to attend the forum meant educate the locals on the provisions of the new Constitution. It will take place at the Tea Research Training Centre starting 10.30 a.m.

The MPs were in the ‘No’ team which opposed the new Constitution. They declared that their position has not changed.

“If the people want, I can speak to the ‘Yes’ people,” Mr Ruto said.

The invitation letter to the local MPs says it will be preceded by a consultative meeting of party officials at the Tea Hotel from 9.00 a.m.

The PM had asked the MPs to join him at both events and to identify six youth, women, elders, professional and councillors totalling to thirty people from their constituencies to attend the forum.

But the MPs said they will have other engagements and "can only help improve the PM’s agenda by reminding him some of the things he needs to do for the locals and Kenyans at large".

“On that day we already have other engagements so we will forward our recommendations,” they stated.

The MPs described the PM’s agenda as "very strange" and said civic education on the provisions of the new Constitution was not a priority to the people of Rift Valley.

“Of course we are grateful because we may still be ignorant of what is contained there but we don’t think our ignorance is a priority now,” said the Chepalungu MP.

Among others, the MPs said the PM should be more concerned with the resettlement of people who are still living in camps in Kuresoi and Konoin saying they hope he will use his visit to announce the date of their resettlement.

Further, they reminded the PM his promise two years ago of Sh20 million to rehabilitate the road connecting Kipkelion and Kuresoi.

“We hope he also delivered the minutes to Ocampo and we believe he will be doing no favour addressing those issues than addressing the Constitution that is already functional and we will learn of its contents as we go on,” Mr Ruto said.

Mr Langat said the PM’s visit was a bit misplaced as there were more pressing matters.

“He should pass through the camps and explain to the people there why he felt they should be there and when he is going to get them homes,” he said.

Further, he said the PM should be reminded that 150 people were shot dead by police during the post-election violence.

“He should tell their families what compensation they shall receive,” he said.

Mr Keter said the MPs were aware the education will give special focus on the running of counties and said the locals can educate themselves.

“We want to tell the PM that we went to school and have lawyers and we can tell our people what is contained there,” he stated.

He equated the PM’s visit to an insult stating: “ He should find other things to do because it means he is doubting the integrity and capacity of the people of Kericho.”

“There are issues he can do better than educating us on the Constitution,” he said.

The MP said Rift Valley’s position on the Constitution has not changed.

“We made a decision as a region and unless he is coming to the Yes people, we will stand by that,” said the MP.

“We hope he is going to respond to the peoples’ concerns,” he said.

Source: http://www.nation.co.ke/News/politics/MPs%20claim%20ODM%20Pentagon%20behind%20post%20poll%20chaos/-/1064/1027738/-/item/1/-/xuibo3/-/index.html