At the end of March last year, I put up the perspective that the Coalition government will not be able to work on a long term because the Kikuyu ruling class around Kibaki was not ready to share “real power” with ODM.
The “National Accord and Reconciliation Act 2008” had just been signed and the problem of the day was christened “portfolio balancing”. The Cabinet had not been decided upon as both PNU and ODM went back and forth on the issue of Cabinet appointments. I wrote:
“The inability of the “principals” to set up a Cabinet because of petty disagreements based on the size of the Cabinet and the identity of the Ministries for their Parties should serve as enough evidence that the Coalition will not be able to work in harmony to transform the lives of millions of Kenyans pregnant with expectations of change and transformation once the Coalition gets into business”.
Yesterday, ODM called a meeting “to re-evaluate its position” in the Coalition government following the signing of the Media bill into law by Kibaki without consultations with ODM. As the Media continue to increase pressure against the controversial Bill, ODM is trying to score points and to gain political mileage by moving close to the rightful position being propagated by the Media and supporters alike to the effect that the Bill is oppressive, defective, draconian and a rollback of the democratic gains of the past.
Because of its populist character, it is in the interest of ODM that the Party is seen to be on the side being backed by the majority and whose view is that the Media Bill should not have been signed by Kibaki.
The Media Bill is not the first clashing point between ODM and PNU ruling classes. As late as last week, ODM accused PNU of undermining the authority of Prime Minister Raila Odinga by using the arrogant and non-conformist Civil Servant Boss Francis Muthaura to act as a buffer against Raila Odinga’s ideas of governing especially when it comes to key policy issues.
Prior to disagreements on the signing of the Media Bill, Muthaura had clashed with the Prime Minister over the appointment of a transitional team that was to take over from the disbanded Electoral Commission of Kenya to prepare the way for the entry of the Interim Independent Electoral Commission (IIEC) as per recommendations of the Kriegler Commission.
The altercation was about Muthaura’s unilateral appointment of 38 members of the transitional team, a move that Raila Odinga termed as “illegal”. The Prime Minister’s Office indicated its intention to have the move reversed as the Party took a new step of calling for Muthaura’s Office to be under the Office of Prime Minister.
Raila Odinga is a “Spanner Boy” in the Power Structure
The tug of war that is increasingly becoming characteristic of the Coalition government should not be surprising because this Coalition is the product of forced compromise following the stealing of Raila Odinga’s Presidency by a savage Kikuyu ruling class that does not want to relinquish power but whose agenda is to use the coalition arrangement to enrich themselves as much as possible. Details about the 2007 election crisis are contained in my just published book.
Although he is the Prime Minister, Raila does not have real power in the Coalition because apart from being the Commander in Chief, Kibaki controls the Internal Security Ministry, Defence, Foreign Affairs, Justice and Constitutional Affairs and the Finance ministry. The Ministries Raila controls are of no consequence when it comes to power wielding and this situation has reduced Raila’s role in the power structure to that of a “spanner boy” in Kibaki’s garage.
The apparent show that the Coalition government is functional is a sheer Public Relations exercise to maintain the peace so that the real stake holders in Kenya – the rotten and corrupt ruling class, its bourgeoisie counterparts and Western imperialism – can concentrate on a peaceful exploitation of the country’s resources under the peaceful conditions guaranteed by the Coalition government.
Before the Coalition Cabinet was set up by “the principals”, I stated in March that “What should be expected is a series of disagreements, political atmospherics, combat in Parliament, flaps in policy making, malevolence during strategic inter-ministerial consultations and a host of roadblocks in the way of Coalition governing”.
Now, ODM has complained that PNU’s Permanent Secretaries are undermining ODM Ministers, clashes in policy have reached the public domain while many Kenyans studying events in the country are moving to the position that the Coalition government is increasingly becoming dysfunctional because of growing conflicts between ODM and PNU.
As Head of Civil Service and Secretary to the Cabinet, Muthaura cannot override Raila Odinga, the Prime Minister, unless the pecking order in our brand of Coalition was curved out of a special model specially tailored to take care of the kind of rigging in December 2007 and the ensuing post election crisis that paralyzed the country.
A Solution to the Crisis is fresh Elections
Unfortunately, there is no solution to the crisis apart from fresh elections. The suspicions between the Coalition partners will continue to escalate and the best that can be expected in the situation following the disbandment of the ill-fated Kivuitu-led Electoral Commission is the setting up of a new Electoral Commission and enactment of a new Constitution after which ODM should pull out of the Coalition government to pave the way for its collapse and the calling of new elections so that a legitimate government that has the full mandate to rule can assume State power for Kenya to move forward.
In the meantime, the maximum ODM can do is to utilize its position in government to ensure that it is not tainted by unpopular decisions from PNU hawks surrounding Kibaki. After distancing itself from the controversial Media bill, ODM should now back the proposed teacher’s strike, call for a further reduction of unga prices, campaign for a reduction of oil prices, get their MPs to pay taxes and begin to underline the need for fresh elections as the crisis deepens.
ODM is in government but it is not governing so it has nothing to lose. From its history of election rigging, the tainted nature of PNU personalities and its pushing of a draconian Media Bill, there is enough proof that PNU is not in a position to move the democratization process in Kenya forward.
The current Coalition government should be a stop-gap to new elections which ODM is in a position to dictate by virtue of its position, both in the government and as per the National Accord and reconciliation Act 2008 which spells death of the Coalition if any partner pulls out.
There is no need of waiting for 2012 because that will be too long. PNU thieves dragging the country backwards can be sent packing together with Kibaki in the next few months as long as the Constitution could be fixed and a new Electoral commission can be put in place. This is how I see it from Stockholm city.
Okoth Osewe
About the Author
I have always questioned whether Prime Minister Raila Odinga really understood the provisions of the National Accord before signing it. Was he just excited about the prospects of occupying a top position (Premiership) and the perks that come with it like chase cars, etc.?
When he met President Kibaki to share the Cabinet posts, he should have been firm on what he wanted because after all, it was not a secret that Kibaki had stolen the presidential election. Raila had an upper hand because the whole world was behind him. He should have stood his ground like Morgan Tsvangirai who has refused to accept “lowly” ministerial posts offered by dictator Mugabe of Zimbabwe. This was the beginning of Raila’s mess. The so-called key ministries are still in the hands of Kibaki’s cronies and they call the shots even at the Permanent Secretaries level.
With current examples whereby Raila is overshadowed by Muthaura (Head of Civil Service), one sees that Raila remains a toothless ’supervisor’ and Muthaura reports directly to Kibaki. A case in point is the Electoral Commission of Kenya’s transition team that was appointed without consulting Raila. Kibaki also ignored Raila’s written plea to wait with signing the controversial Media Bill (now an Act).
Raila’s quitting the Coalition is what Kibaki and his allies want, because this shall help them entrench the Party of National Unity (PNU) into the system and patch up another government of national unity, awaiting the 2012 national elections. Meanwhile, the country will again lag behind in economic development, with the PNU hyenas creating more ‘Anglo-Fleecing’ projects to enrich themselves at the expense of the poor Kenyans.
The Orange Democratic Movement should make sure that its new demands for real power-sharing are met by Kibaki for the Grand Coalition to survive. Its options for pulling out must be watertight or it would just be another big loss for the country.
If President KIbaki is the genius that his supporters claim he is, how come he has now backed from the Media Bill he recently signed into law? He has asked Attorney General Amos Wako to send it for reviewing. But why, just a few days after turning it into an Act?
This is another example of how Kibaki does not hold consultations with his Coalition partner, PM Odinga, who had called for a review of the Bill before signing it into law. It was so easy for Kibaki to listen to those wishes by sending it back to Parliament for reconsideration, before signing it.
After all, he has now asked for a review of the Media Act, showing that he gave into pressure from civil society and the media houses.
President Kibaki has now called for a review of the Media Act that he recently signed. While it was still a Bill, media houses and civil society requested him not to sign it because some contentious sections needed reviewing. He went ahead and signed it, only to change his mind after a few days.
There is reliable information that Kibaki’s inner circle pushed for the signing because they had seen footage aired on KTN at the end of December 2008, piecing together events that led to Kibaki’s stolen elections in 2007. They convinced him that the media was out to demonize him and that the Act would stop such reckless presentations.
There is no way Kenya’s press freedom will be clipped because without it, there are no other watchdogs to report the unfair treatment of journalists in the hands of the likes of Kibaki’s wife Lucy, and minister John Michuki.
Why has President Kibaki changed his mind from the Media Act he recently signed and asked for a reconsideration of its controversial sections?
It’s a waste of the taxpayers money because it has to go through various expensive processes to be accepted. What type of president is Kibaki, to sign a Bill that so many people have protested against? Was it so difficult NOT to listen to the media owners who had specifically written to him not to sign it? Most of the Western representatives in Nairobi had also advised him against it, and even KSB posted a letter from France expressing the necessity of upholding media freedom in Kenya.
President Kibaki needs to listen to his Coalition partners because the current leadership arrangement is not the same one he had during his first five years as president.
Sometimes Kibaki gets hammered for issues that ODM passed i parliament and then backtrack. To set the records straight, refer to facts as presented in this article:
http://www.nation.co.ke/oped/Opinion/-/440808/512130/-/427cut/-/index.html
I suggest that commentators should at least try to gather facts readily available thru the web in presenting their analysis. The aim is to enlighten our people not to subject them to the intrigues of politicians who depend largely on a population that is ignorant and in total darkness.
Justin: It is you who is not getting the facts right. The debate moved from the MPs who had passed the Media Bill, to Kibaki who was requested NOT to assent to it.
As president, he should have reconsidered the contentious points through the Chief Government legal advisor, who is the Attorney General Wako.
After signing it into Law, why does he now revert to what he should have accepted earlier? KSB commentators are spot on and this thread has explored this matter intensively. You are the one who is off the hook.
Justin, you just amaze me as a commentator. You are trying to pull us into the usual ODM-PNU blame games. The Media Bill was passed by greedy MPs (ODM and others no doubt). Kibaki was then requested by media owners and others not to sign it into law.
There is no danger in passing a Bill. However, signing it into Law needs consultations with the relevant authorities, especially if certain clauses are contentious. In Kenya, all Bills are currently signed into law by none other than President Kibaki.
For example, the Bill for disbanding the ECK was agreed upon unanimously and Kibaki didn’t have to send it back for reviewing.
KSB commentators who have exhausted the Media Bill debate are wondering why Kibaki never used Wako to advice him before signing it into law. Isn’t it strange that after 40 years as an MP and 6 years as president, he slipped on this amidst requests not to sign it?
Something must be really wrong with him for not having allowed wider consultations before signing the Bill into law.
Some things are just laughable, like Kibaki signing the Media Bill into law then changing his mind to send it for reviewing even before the ink dries. Its review was requested for before he could sign it. But alas, he made it a law then called for the review.
Siging a Bill into law is within Kibaki’s powers and if there are contentious issues pointed out, he should always consult with Wako before signing. If he was very sure that the Media Bill was appropriate, then he should not have changed his mind after signing it.
Now Kibaki and Raila have created a Permanent Committee to oversee operations in the Grand Coalition Government. It is composed of the same faces that belong to the Cabinet and not a single woman is part of it.
Surely, how long shall they continue misusing taxpayers’ money? They signed an agreement to lead and appointed a Cabinet and has a functioning government. Why can’t the two leaders simply solve their problems as per the National Accord instead of wasting more money on another committee? Anyway, why should I complain yet commissions and committees are the order of the day in Kenya?
The Party of National Unity (PNU) and the Orange Democratic Movement (ODM) who form the coalition, will each have a representation of six members to the new panel.
“The committee comprises twelve members, six from each side of the grand coalition and include, the President, the PM, Vice President Kalonzo Musyoka and the two Deputy Prime Ministers,” a statement from the Presidential Press Service said.
Also in the panel are cabinet ministers: George Saitoti (Internal Security), William Ruto (Agriculture), Moses Wetangula, (Foreign Affairs), Mohammed Elmi, Chirau Ali Mwakwere(Transport), Jaffa Kingi and James Orengo(Lands).