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.