Category Archives: Kenyan Election Crisis: Negotiations

DEMOCRACY IS A THEORY AND NOT A PRINCIPLE

DEMOCRACY IS A THEORY AND NOT A PRICIPLE
  
The time has come for Kenyans and, indeed, the world to review what democracy is and why it is necessarily a school of thought that is widely accepted to be good. I will not speculate so much about this because I am not a Political Scientist. I will, however, state here that democracy is a theory that need not stand in the way of a people’s development. The American or British or any other country’s interpretation of democracy need not be our model as Kenyans. The Chinese and the Russians have taken off economically without the much touted western-style democracy. I think that, as Kenyans, we need to consider our wellbeing first before we debate the pros and cons of a certain type of democracy. All these issues of governance are just theories and ideas that some people came up with. They can be altered at any time.  Let Kenyans develop whatever the political arrangement. If a grand coalition like the one due to take place in Kenya can deliver to the population, then why not? It is not a taboo to have something different from popular belief.
   
Sillah Oriato

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Hello Sillah,

It’s good to have you back. 

While we agree with the primary sentiment expressed in your email–that all people should have the right to self determination–we take some issue with the idea that Russia and China are examples of functional democracies. Both of these countries are police states. We suspect that the willingness of the Russian population to accept totalitarianism in exchange for economic growth and security will eventually catch up with them. This is also, we think true of Uganda, a country in which a “benevolent dictator” has reigned and, it seems, will continue to reign indefinitely. Finally, human rights abuses are all too common in Russia and China, and people have little say in their government (sound familiar?). 

Certainly, Kenyans must decide what type of government we want. Based on its success in developed countries, many of us prefer democracy. We would also agree that it is possible for a homegrown, or even African, democracy to take hold in Kenya.

We would caution that, in the absence of democracy–that is, in the absence of basic human rights and civil liberties–governments are more likely to be unstable and to collapse more quickly. This is why African, Latin American, and some Asian countries have seen coup after coup. Democracy, we think, better promotes development than any other form of government.   

Regards,

Jaluo Press

Did Kibaki Know What He was Doing?

Perhaps for the not so keen reader who pays little attention to detail, some of the print in this agreement may not mean much. But you would wish to wonder to yourself: why did Raila sign this document and also why would kibaki actually agree to it…what could be going on in Kibaki’s mind?

“The PM shall have authority to coordinate and supervise the execution of the functions and affairs of the GOK ………including those of Ministries”

The key words are highlighted. Who performed these duties previously?? If it was the president, then there must have been gross inefficiencies in the way our country was being run because those are the day to day affairs of a country and require a hands on approach.

But also NOTE that the “affairs of the GOK” have been distinctly separated from “those of Ministries”!  Which, therefore, are those ‘affairs of the GOK’ separate from the Ministries? This PM office as laid out in this accord is a very powerful office indeed. The PM office is technically, therefore, the ‘engine’ of the country while the president is the ‘driver’. It is the same relationship as in the ‘heart’ and the ‘brain’. The brain can stop but you are still alive, but when the heart (engine) stops, YOU ARE DEAD!!!

I think either Kibaki knowingly or unknowingly did not reread the fine print enough to know what it meant. On the other hand, Raila was keenly aware. But it may also be that Kibaki knew very well what he was signing into. My hypothesis is that Kibaki knew what he was doing to the last detail. The old man is just tired and wants to go home in peace. He simply has negotiated his way out of this mess which he was encouraged to create by his cronies. Now he does not need them. He is telling them, ‘I have made peace with Raila, now it is your turn’. It is a realisation on his part that he needs Raila more than he needs the Karuas and Michukis. Kibaki has literally thrown his ‘buddies’ to the wilderness. Fortunately, Raila is not vindictive.

Kibaki has set his retirement in motion with a bold bid to salvage his legacy, and it is now or never. His friends won’t assist him here. Kibaki has actually ceded governing authority to Raila…if you care to listen. If you look at it, if there be any mess in the government from now forward it will be Raila’s fault and not Kibaki’s as he is not there.

Also note that the PM’s office as outlined in this accord is the MINIMUM that the new expected constitutional dispensation will spell out. Kenya is in for interesting political times ahead.

Barrack

Kenya: Coalition Must Forge National Identity

BAPTISM BY FIRE AS PROFESSOR MAKAU MUTUA WARNS AGAINST SUPPORT FOR TWO CENTRES OF POWER. 

Gordon

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Kenya: Coalition Must Forge National Identity
The Nation (Nairobi)
OPINION
2 March 2008
Makau Mutua
Nairobi

Any keen student of Kenyan politics instinctively knows that the power-sharing agreement struck this week between President Mwai Kibaki and Mr Raila Odinga is not a magic wand. It is only the proverbial first step in what promises to be a gruelling marathon for national recovery.

But even sceptics must acknowledge that the compact represents the first ray of real hope in the long dark tunnel that ordinary Kenyans have faced since the fateful elections last December 27.
          
Even so, it would be naïve to believe that the worst is over. The bitter truth is that the full implementation of the pact – and the co-existence of President Kibaki and Mr Odinga within two centres of power in one state – is bound to be the most trying spectacle yet.

It is not a secret that I have publicly opposed a premiership in the past. Yet, in the last several months, I have called for the office as a temporary measure and a means to fundamental constitutional, economic and social reforms. In this instrumentalist construction, the premiership cannot be seen as a resolution of state tyranny or the imperial presidency.

For the full article, please see http://allafrica.com/stories/200803030836.html

Annan says farewell after Kenya coalition deal

02 Mar 2008 12:33:59 GMT  
by Wangui Kanina
Reuters

EXCERPT:

“I bid you farewell,” he said. “I am not fading away. I will be back when I am needed. 

ALSO… 

He is handing over day-to-day mediation to former Nigerian foreign minister Oluyemi Adeniji.

The talks will now concentrate on issues that will take months to resolve — a review of the constitution, setting up a truth and reconciliation commission, land reform and measures to relieve poverty.

Justice Minister Martha Karua, a hardline member of Kibaki’s negotiating team, said she was ready to work with the opposition in a coalition government.

“I would have to do that or quit… so I am ready to work, it does not mean that there will be no differences, the debate will still be vibrant.”

For the full article, please see
http://www.alertnet.org/thenews/newsdesk/L0224703.htm

Sent by Joram. 

Honesty and Fairness Must Guide Power-Sharing Process

As we celebrate the signing of the comprehensive peace agreement between HE President Mwai Kibaki and Hon Raila Odinga, honesty must guide the peace process so that Kenya can realize some peace and stability.

In 2002, we had an MOU which was discarded soon after President Kibaki took over. This was a painful lesson, and from its failure, we learnt a lot on how partners can be dishonest to derail national aspirations.

As we move towards the sharing of power on a 50-50 basis, we must all know that Kenya belongs to all of us. In knowing this, the spirit pf peace should make PNU have the Presidency, ODM to have the Vice Presidency.

ODM will have the Premiership, and as has been agreed, PNU and ODM will second the Deputies. This spirit should follow in ODM and PNU sharing in on all the major Ministries. If PNU has Defence, ODM must have Internal Security. If PNU has Finance, ODM must have Foreign Affairs. If PNU has Transport, ODM must have Roads and Public Works, and so on.

In this new spirit of sharing, the Ministry of Foreign Affairs will still have to present another scenario such that if ODM has its person in Washington as an Ambassador, PNU must have London. If ODM has its person in Germany, PNU must take France.

If ODM has Japan, PNU must have China. If ODM has Russia, PNU must have Australia and so on.

This new spirit must also see the equal involment of ODM and PNU in the distribution of Permanent Secretaries portfolios, parastatals, the police force and all major arms of government that have tended to exhibit unequal distribution of labour.

The newfound partnership must see that there will be equal distribution of resources across the country. We must not see scenarios where the Ministry of Water gives Nyeri Kshs 500 million, while Mandera that is so deserving is given only Kshs 2 million.

The time for playing some cards under the table is up. All cards must now be played aboveboard, for those placed under the table will be pulled away by cats.

Odhiambo T Oketch
Komarock Nairobi

PRESS STATEMENT FROM BISHOP NGEDE, CHAIRMAN, COUNCIL OF CHURCH LEADERS NYANZA

  28/2/08
   
As Kenyans celebrate the political deal signed yesterday between Hon. Eng. Raila Amolo Odinga and President Kibaki, we must also take this early opportunity first thank God for having mercy on our country from the political crisis in which the country was.
   
Kenyans or anybody in any part of the world who has keenly been following the political events in the country highly appreciate the role played by all quarters that made it possible for the deal to be struck.
   
It is on that note therefore that we, as Nyanza Church leaders take this early opportunity to sincerely thank H.E Koffi Annan and  his Imminent team, the UN, the USA, the EU, the AU led by Tanzanian President Jakaya Kikwete who has proved to be a real neighbour and the negotiation team from both sides for saving the country. 
   
It is always worthy to give credit where due and as the Holy Book reminds that it is good to “give God what belongs to God and to Ceaser what belongs to him”. 
   
The team above, including Hon Raila Odinga and President Kibaki have done their part and it is now our plea as Kenyans to the country’s MPs to unite for a common goal so as to have a speedy implementation of the deal contents.
   
It is our hope as Bishops and we believe it is the same with majority Kenyans that the parliamentarians work as a team in National Assembly to have the constitutional amendments as in line with the historical political deal.
   
We all know that the interest of the nation overweighs that of an individual and this was also stressed by the two leaders, Hon Raila and President Kibaki, in their speeches to Kenyans and the World immediately after signing the agreement before a crowd that included Annan, President Kikwete and Local and Foreign Diplomats.
   
Mps should therefore take the interest of this country first and act accordingly starting coming Thursday when parliament opens. Let them work forget their political  differences when handling issues of huge national interest.     
   
As the Chairman of Church for Change and Council of Church leaders, I also appeal to religious leaders across the country to continue praying for the country than ever because this is the time we needed God’s help most for Reconcilliation and healing of the country from what had happened in the recent past.

We should pray to God’s mercy and comfort to Kenyans especially those bereaved from the Post-election violence in the country. God Bless Kenya and her People.
   
Thanks.
   
Bishop Dr Washington Ogonyo Ngede, Chairman
Power of Jesus Around the World Church and 
Council of Church Leaders in Nyanza.

Unedited by Jaluo Press.

The world applauds Kenya’s deal

Where is Museveni?

Keen Nyamwange 

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 The world applauds Kenya’s deal
Published on March 1, 2008, 12:00 am
By Saturday Standard team

Kenya shone on the international radar following the signing of the power sharing deal that could hold the country back from the grind towards the precipice.

Kenyans gave each other the ‘New Year’ greeting stolen from their lips in the first week of January by political tension and post-election violence. The country woke up to a new day, beaming with confidence there is finally light at the end of the tunnel, as the world embraced the nation with soothing, congratulatory and encouraging messages.

For the full article, please see http://www.eastandard.net/news/?id=1143982614&cid=4

CARNIVAL YA PRIME MINISTER CONTINUES – soma maneno!

Avana va Andimi,

The National Carnival over Raila Odinga’s appointment as Prime Minister of the Republic of Kenya continues.

Kisumu literally stayed awake all night celebrating the good news of  Raila’s elevation. A historic occasion.

The Wananchi in Vihiga were all joy and smiles this morning. It has been a little difficult to meet any frowns.

It is a good feeling all over. In Majengo, the ‘sukuti’ whole of yesterday night kept all and sundry awake and conscious to the great news.

Public transport in Kisumu town, Isebania and Migori was free all evening yesterday. To limitation to the number of trips you wanted to make.

The policemen joined the crowds in the dance and song. It was just too good to hold back and they had to drop the official ‘sura ya kazi’ as they succumbed to nature and the reality of the contagious happiness and excitement that rent the atmosphere.

In Kakamega, one policeman was overwhelmed with joy as tears rolled down his cheeks and he lay flat in  the middle of the tarmac road in full uniform and armed.

Forgiveness is here, happiness that pervades boundaries. The hugs, the cheers, the ululations name it. You got to have been here to understand. It is a goose pimples kind of feeling!

God, this is what the people of Kenya deserved all along.

Oh, thank you God for delivering the people of Kenya from Pharaoh!!
 
The policemen that have been posted all around Uhuru Park were nowhere this morning.
Martha Karua aka ‘Jezebel’ is so flustered by the goings on, she skipped today’s panel discussion on agenda 4 at the Serena Hotel – Good riddance to bad rubbish. We pray she stays away longer.

Onwards to the promised land!!

Lest I be carried away in my writing with this electric feeling and write too much, let me pen-off here for now. ‘But do I say yawa !’ Then Greek – ‘Nuvunuganugi vwenyine. Izisarura zyuvuyanzi! Magu!

Sande
HR Activist
VIHIGA

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Thank you for the update Sande.  It is nice to publish good news for a change. 

We must now hope and pray for the best while continuing to actively engage in this newly formed system of governance.  The wananchi will need to continue to press for constitutional reforms so that no president in Kenya ever has too much power and so that we have a document that all Kenyans can turn to for guidance and answers in times of crisis.  There will be resistance from the old guard (Karua, Michuki, Kibaki, etc.), but no Kenyan can afford to leave justice to chance again.  Laws must be written or rewritten, implemented and enforced indiscriminately so that we can continue on the path of democracy.

For today, we share the joy of all Kenyans, but with reservations.  Tomorrow, we must begin the hard work of rebuilding Kenya’s democracy.  It is a task that is never-ending but that becomes easier as we continue to chip away at a culture of corruption and to normalize justice.  The difficult part–mainstreaming democracy in Kenya–is upon us right now.  We call on all Kenyans to rise to the occassion to ensure that Kenya’s democracy is constituted on a firmer basis than was the case even three months ago.  Democracy must always be jealously guarded from those who would steal its benefits for personal gain rather than enhance it for the common good.        

Regards,

Jaluo Press

Odinga pledges to rebuild Kenya

EXCERPT:

Prime minister-designate Raila Odinga has told the BBC his priority will be to rebuild Kenya after a deal to end the two-month political crisis.

He pledged to help those who had been displaced, lost their property or lost their jobs during the violence in which some 1,500 people died.

Many Kenyans have been celebrating the power-sharing deal between Mr Odinga and President Mwai Kibaki.

But some of those displaced question whether ethnic hatreds can be healed.

“It’s become a habit of saying ‘peace, peace, peace’ every now and then and after peace we see flames of fire,” a woman living in a displacement camp in the western town of Eldoret told the BBC. 

But in nearby Kisumu, Mr Odinga’s home town, thousands of dancing and cheering people poured onto the streets to celebrate the deal brokered by former UN Secretary General Kofi Annan.

HERE’S MORE …

Mr Odinga said the agreement was “just a piece of paper” – the most important thing was the will behind it.

“It means we recognise Mr Kibaki as president and he recognises that there were some flaws in the elections,” he told the BBC.

And, he said, the coalition had a lot of work to do – constitutional and legal reforms as well as land reforms to address “historical injustices”.

FINALLY…

He hoped for a new constitution within a year and fresh elections within two as Mr Annan had given the coalition a maximum life of two years, after which it should be reviewed.

HAVE YOUR SAY http://news.bbc.co.uk/1/hi/talking_point/default.stm  

For the full article, please see http://news.bbc.co.uk/2/hi/africa/7270379.stm

Sent by Simon.

KENYA ARMY TO QUEL DEMONSTRATIONS – BRITISH MINISTER

A day before a deal was signed betrweeen Raila Odinga and Mwai Kibaki a British Minister strangely recomended that Kibaki releases the army on protesting Kenyans to quel potential violence just in case the young democrats returned to the streets to peacefully protest the fact that Kibaki and his PNU were still dragging their feet on the mediatation and thus frustrating justice for the majority Kenyans. Did this minister not know that Kibaki was in power illegally and therefore had no business ordering the army to control/kill demonstrating democratic Kenyans?

This British minister to me seems to be in deep slumber since he seems to be not aware why the Mungiki government immediately met under Kibaki’s chairmanship following his recomendation. Those who attended the meeting included among others, George Saitoti, a Kikuyu, whom Kenyans rejected on the 27th December 2007 but was rigged in by ECK, General Kiama, a Mkamba cousin to the Kikuyu, John Michuki, a Kikuyu who ordered more than 600 Luos to be shot to death by Kenya police assisted by the Uganda GSU following the theft of the presidential votes by Kibaki on 27th December 2007.

This British minister almost allowed Kibaki to commit genocide unkonwn to Africa had the world not pressed upon Kibaki to give in and accept the power sharing on 28th Februay 2008.

This British minister together with other world leaders should now thoroughly investigate Mungiki leaders, among others: Mwai Kibaki, Martha Karua, John Michuki, Njenga Karume, Uhuru Kenyatta, Father Muhoho, John Chris Kirubi and press for them to be taken to The Hague for the crimes they committed against humanity.

The pact that has been signed is good but these murderers should not be left free with murders that they supervised being carried out by their Mungiki foot-soldiers.

The world must know that all is not alright for Kenyans yet until truth is faced squarely. These Mungiki leaders in liaison with Museveni are already training more than 10.000 Mungiki boys and girls along side Uganda Defence Forces with the main aim of returning to Kenya to restore Kikuyu domination and for Museveni to escape the Raila nightmare taking into account the fact the he, Museveni, has systematically killed Luos and other Nilotes in Uganda for the last twenty five years.

The Brtish minister must realise that already some 10.000 or more Kikuyus have just been secretly recently recruited into the army for the sole purpose of illegally maintaining the theft of public property and domination and sidelining 41 tribes in Kenya, a people who God Almighty could never have thought of sidelining till the onset of Jomo Kenyatta on th Kenyan scene.

Let us not be fooled just because of the signing of the power-sharing pact. This pact will never remove some Kikuyu’s and some members of GEMA’s secret agenda against the rest of Kenya. If we bury our heads in the sand then the power-sharing pact is nothing but a huge powder keg waiting to expplode.

It is my honest belief that nothing has changed in the hearts of Mungiki who as recently as December 2007 were heard to be saying that they cannot be led by a dog!

DR.ODIDA OKUTHE.

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Dr. Okuthe, please note that Jaluo Press will not accept broad and unfounded generalizations regarding any ethnic group or community.     

READERS: Please note that this report is UNCONFIRMED. 

Edited for content by Jaluo Press on March 3, 2008. 

Primary Issue Should Never be Relegated: Kenya’s Constitution

Date: Thu, 28 Feb 2008 17:13:21
Subject: Re: Primary Issue Should Never be Relegated

This was the only reasonable solution to the problem under the circumstances.

We need to address change of the constitution very aggresively and urgently and should not come short of anything but the BOMAS DRAFT.

We need to get serious about uniting the country and it is every Kenyan’s responsibilty to reach out to one another.

The time has come for each and everyone of us to not ask what our country can do for us but what us patriots of Kenya can do for Kenya.

History will judge our generation on what each one of us contributes from now on. We must make this an experience which we will never forget but an experience where Kenya was reborn as a stronger Nation.

LET US MARCH FOWARD AND NEVER FORGET THE INNOCENT BLOOD OF ALL THE INNOCENT KENYANS WHO PERISHED.

KenyaOne

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geoffrey wrote:
          
If he trashed MOU in 2002, kicked out LDP from the Government after he lost the referendum in 2003, lost 2007 general elections and stole the votes to cling to power, how do you trust such a person again with a mere signature? Time will tell if we ever live to see it.
 
Faith and Tenacity;
“Faith is not believing in my own unshakeable belief. Faith is believing an unshakable God when everything in me trembles and quakes”, Beth Moore
  
“Tenacity is more than hanging on, which may be but the weakness of being afraid to fall off. Tenacity is the supreme effort of a man refusing to believe that his hero is going to be conquered….Remain spiritually tenacious “, Oswald Chambers

geoffrey

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Sent: Thursday, February 28, 2008 11:25:49 AM
Subject: RE: Primary Issue Should Never be Relegated

Will there be another MOU to be trashed like the 2002one or is this “deal” going to be ENTRENCHED in the Constitution (or whatever is left of it)???

Dave 

Kenyans’ Reactions to Power-Sharing Deal

Date: Thu, 28 Feb 2008 14:33:56
Subject: It’s Liberty From Raila, Kibaki, and Annan In Between

A few days ago, I wrote ‘Give Kenyans Liberty Or Spell Death Instead.’ Here I mentioned that it was pointless to engage the proxies without directly engaging the principals. Many others felt the same way.

Well, today Kenyans were given LiBerty!

Yes, for the upteenth time, Raila not only saved and legitimised Kibaki in the eyes of the whole world, but changed the history of politics in Kenya for years to come. He could have compromised for peace by accepting a rigged election, but he did not. He could have continued to confront the usurpers and demanded nothing short of Kibaki resignation. Instead he compromised, again, and put Kenya first.

On his part, Kibaki found himself today and demonstrated that Kenya was bigger than tribe and that peace was better than power or money. In doing this, contrary to popular opinion, and unlike Kalonzo, he proved beyond reasonable doubt that he cared about us and about his legacy. In short, he proved that he was in charge of Kenya after all, and that the so called Mt
Kenya Mafia was our creation.

Today, I feel vindicated in my belief that Kenyans are good people. May the healing begin at home and here in the Diaspora. Michoma Moenga, Lucy Kimani, please lead us, or follow us in this path of peace.

Joram

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Date: Thu, 28 Feb 2008 11:16:54
Subject: Peace Deal Struck

Paul, there has been a peace deal struck between Raila and Kibaki with a creation of a Prime Minister position. This deal will bring peace and create an atmosphere for a comprehensive constitution change which all agree is overdue.

Nkuraya

Edited for content by Jaluo Press.

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Date: Thu, 28 Feb 2008 14:01:36
Subject: KENYA’S POWERSHARING

KIBAKI SHOULD HAVE BEEN MADE TO STEP DOWN AFTER SHOWING UTTER CONTEMPT TO KENYAN CITIZENS- KIKUYUS HAVE BEEN RULING KENYA FOR YEARS WITH NOTHING TO SHOW FOR IT.

ADONGO

Edited for content by Jaluo Press.

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Date: Thu, 28 Feb 2008 09:57:49 
Subject: Re: Deal at last 

If Kibaki and Raila can agree to work together so that the country moves ahead, then Let it be known to all Mungiki War lords that they must at once disband the Trainy Thugs they have been training in Kajiado North, Uganda, Elgon forest and in Nyeri. The War lords no longer need these thugs to protect them, Raila’s Government under Kibakis presidency will offer them security unless they are just hell bent on destruction of lives. Let them come out and renounce violence.
  
This time round, they will not be disappointed like they were in 1963. Raila will be true to his word in protecting every Kenyan, with the exceptions of Thugs and embezzlers.
  
  K’Onyiego

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Date: Thu, 28 Feb 2008 07:22:33
Subject: Deal at last

We have a deal at last. And we must thank His Excellency President Mwai Kibaki and Hon Raila Odinga for rising to the occassion.

We must also thank HE Dr Kofi Annan for his tireless effort in negotiating peace between the protagonist. We must thank his team of Emminent Persons, HE Ben William Mkapa and HE Graca Machel, for all having been there for us Kenyans.

As Kenyans, we must now join ranks and unite in building our beloved Kenya. We went so far, emotions ran so high, but time has now come for National Healing.

We must now join our leaders in advocating peace and peaceful coexistence. We must begin the healing process by extending love to one another, lending a hand where possible, and dismantling all those negative ethnic emotions we have had.

In the new found unity, honesty will be of great essence. We must from now on learn to be honest with each other. Let us not play anymore cards that might appear to gain for us immediate controls while destroying the National fabric.

To our two leaders, let us join and support their initiatives in finding a lasting solution to our problems as a country. In this, we must start by creating a new Judiciary that is truly national. We must then create a new team to manage the Electoral Commission of Kenya, and work for a new constitution.

In the words of our National Anthem, let peace be found within our boarders.

Odhiambo T Oketch
Komarock Nairobi

Odinga and Kibaki Sign Power-Sharing Deal: Details

Date: Thu, 28 Feb 2008 13:39:37  

ACTING TOGETHER FOR KENYA: AGREEMENT ON THE PRINCIPLES OF PARTNERSHIP OF THE COALITION GOVERNMENT 

Preamble:

The crisis triggered by the 2007 disputed presidential election has brought to the surface deep-seated and long-standing divisions within Kenyan society. If left unaddressed, these divisions threaten the very existence of Kenya as a unified country. The Kenyan people are now looking to their leaders to ensure that their country will not be lost.

Given the current situation, neither side can realistically govern the country without the other. There must be real power-sharing to move the country forward and begin the healing and reconciliation process.

With this agreement, we are stepping forward together, as political leaders, to overcome the current crisis and to set the country on a new path. As partners in a coalition government, we commit ourselves to work together in good faith as true partners, through constant consultation and willingness to compromise.

This agreement is designed to create an environment conducive to such a partnership and to build mutual trust and confidence. It is not about creating positions that reward individuals. It seeks to enable Kenya’s political leaders to look beyond partisan considerations with a view to promoting the greater interests of the nation as a whole. It provides the means to implement a coherent and far-reaching reform agenda, to address the fundamental root causes of recurrent conflict, and to create a better, more secure, more prosperous Kenya for all.

To resolve the political crisis, and in the spirit of coalition and partnership, we have agreed to enact the National Accord and Reconciliation Act 2008, whose provisions have been agreed upon in their entirety by the parties hereto and a draft copy is appended hereto.

Its key points are:

* There will be a Prime Minister of the Government of Kenya, with authority to coordinate and supervise the execution of the functions and affairs of the Government of Kenya.

* The Prime Minister will be an elected member of the National Assembly and the parliamentary leader of the largest party in the National Assembly, or of a coalition, if the largest party does not command a majority.

* Each member of the coalition shall nominate one person from the National Assembly to be appointed a Deputy Prime Minister.

* The Cabinet will consist of the President, the Vice-President, the Prime Minister, the two Deputy Prime Ministers and the other Ministers. The removal of any Minister of the coalition will be subject to consultation and concurrence in writing by the leaders.

* The Prime Minister and Deputy Prime Ministers can only be removed if the National Assembly passes a motion of no confidence with a majority vote.

* The composition of the coalition government will at all times take into account the principle of portfolio balance and will reflect their relative parliamentary strength.

* The coalition will be dissolved if the Tenth Parliament is dissolved; or if the parties agree in writing; or if one coalition partner withdraws from the coalition.

* The National Accord and Reconciliation Act shall be entrenched in the Constitution.

Having agreed on the critical issues above, we will now take this process to Parliament. It will be convened at the earliest moment to enact these agreements. This will be in the form of an Act of Parliament and the necessary amendment to the Constitution. 

 Sent by Gordon

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Date: 28 Feb 2008 05:48:16

Please, pass this to your readers..it is breaking news here in the US.

Orao

Annan says Kenya talks reach agreement

http://news.yahoo.com/s/nm/20080228/wl_nm/kenya_crisis_dc

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Date: Thu, 28 Feb 2008 08:58:32  

NEWS UPDATE:
Kibaki and Raila sign power-sharing deal
Published on February 28, 2008, 12:00 am 
By Stephen Ndegwa and Roseleen Nzioka

We have a deal. That was the announcement from the chief mediator Koffi Annan when he declared that the Panel of Eminent persons had finally managed to help Kenya find a political solution. 

Annan said President Mwai Kibaki and ODM leader Raila Odinga had agreed to share power through the creation of the posts of prime minister and two deputies.
 

For the full article, please see http://www.eastandard.net/news/?id=1143982525&cid=4

Sent by Keen Nyamwange

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Thank you Gordon, Orao, and Keen Nyamwange for the updates!

Regards,

Jaluo Press

PRIME MINISTER ISSUE: TIME IS PNU’S BEST WEAPON, WHAT IS ODM’S?

Date: Wed, 27 Feb 2008 16:25:35 

As the situation in Kenya unfolds, many are left wondering what next? What next because no one knows the stand of PNU or ODM. The question that must be asked squarely is, does PNU want a coalition governement with an excutive prime minister? It is this question that needed to be unambigously answered before anyone decides to sit on the table. However, now people are on the table and a different question must be asked. The question to be asked can only be based on PNU’S position and this question must be answered within schedule by none other than ODM. PNU has repeatedly said that they will not bulge on this coalition thing and moreso they will not give an inch on an independent prime minister. Knowing PNU’s position what are ODMs going or prepared to do?  Are ODMs willing to go for non excutive prime minister. God forbid. The day ODM accepts this, even ODM will conclude that ODMers were just interested in positions not the people. Moreso they will not last one year in this position. We will be in for another form of failed MOU.

ODM must answer this question as clearly as possible. They must answer it in away that the world, PNU and the people of Kenya know exactly what they are saying and what the supporters need to do. So far ODM is loosing ground so fast. They have conceded on every premise while PNU has kept moving goal posts and more so moving backwards instead of forward. PNU has used this pereod of negotriation to establish itself as a bonafide governement. It has transfered police officers and the army in order to consolidate power while ODM is begging the world. I hinted PNU’s intention to eliminate some ODM supporters, two MPs have already died and what did ODM do, absolutely nothing. All I saw was the croaking of a frog. No one matched out of the talks even for one day to protest. Arresting ODM representatives, Kibor is already in jail, next time it will be Ruto or Balala. What will ODM do? From the way things are going, I am completely sure that they will do absolutely nothing. This behaviour of ODM is worrying the supporters as it appears that it is an organization which lacks the capacity to protect those who stick their neck out for justice. In simpler terms, it has no teeth.

Kibaki is aware of this game. He has succeeded with this many times. His principle is simple: “Time is the best healer”. It is going to be very very difficult for ODM to bring their supporters on the streets after one year of negotiations simply because someone has not become a prime minister. Kibaki is aware of this and is capitalising on it. He knows that Kenyans will very soon care about feeding their children rather than running amoke in the streets for ODM. ODM must therefore start working on resonating with the supporters rather than putting all its eggs in the basket of the international community. It looks like ODM has begun begging the Kibaki governement while they are the ones to be begged. Kibaki is consolidating power very fast and the negotiations are just a buying time tactics. What ODM must do is to use the same time factor to consolidate its base, military support and financial backing. This is what will make it relevant at the negotiation table. As Mutahi Ngunyi said, Kibaki will only listen to someone with a big stick over his head. The question is should ODM look for this stick from somewhere else. My answer is, like Moses, Raila Odinga has the stick, he just doesn’t realize how miraculous it can be. He should try using it.

One of the sticks he can use is to balkanize the country. This must be understood in perspective. I do not recommend chasing people of specific communities away, but I believe that regionalisation of Kenya is inevitable. Kibaki and a few people around him want to be in power by all means necessary. It is important to let them have their way but in regions where they command a following. Let ODM declare itself a government in areas where they have support. Isolate the regions that beleieve in Kibaki. Let Kibaki rule central and Eastern because those are the only people who believe in him. I think that is democracy. Because in a democartic rule, one cannnot impose himslef on majority. If the majority is not in agreement then Kibaki must let them go. It is upon ODM to force this to happen. My warning is that if ODM fails to act, splinter rebel groups will start comming up. ODM must save the country fast. Have a backbone ODM. Stamp your feet down. State conditions that Kibaki cannot ignore. While negotiations are going on, consolidate, consolidate, consolidate. That is what Kibaki is doing. Can’t you do the same ODM?
 
Barack

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Thank you Barack. It seems that most of what you hoped for was accomplished…

http://www.eastandard.net/news/?id=1143982557&cid=4

“In a nutshell, the deal — which will be entrenched in the Constitution — created the post of an executive prime minister, who will supervise ministers and lead Government in Parliament. It also provides for the sharing of Cabinet positions based on the strength of parties in the House.”

Mass protests called off in Kenya

KIBAKI IS THE DANGER. NEGOTIATIONING IN THE AIR CONDITION ROOM AND FIVE STAR HOTEL ROOM IS WHAT MAKES THE NEGOTIATORS TO CHANGE GOAL POSTS. I WISH THEY CAN SIT NEXT TO WHERE THE DISPLACED ARE SUFFERING. MS KARUA CAN ASK TO END THE ARGUMENT VERY QUICKLY. MUNGIKI MUST GO.

– OPADO

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Mass protests called off in Kenya

Kenya’s opposition leader Raila Odinga calls off Thursday’s mass protests after meeting ex-UN head Kofi Annan.
http://news.bbc.co.uk/go/em/fr/-/2/hi/africa/7266399.stm

Kibaki has completely divided and spoiled Kenya

Kenyans,

Kibaki has completely divided Kenyans. Kenyans who were united 44 years ago and fought for a common goal, our independence. We did achieve our goal then. The problem now is that Kenyans are so much divided that if an invasion does occur like the one IRAQ witnessed when G.W. Bush’s forces attacked, I am very much sure that there are a lot of Kenyans who will be ready to join the enemy forces to fight Kibaki`s government.

This old man has divided Kenyans more than any other leader Kenya had during our 44 years of independence. There is no way Kibaki will rule kenya any more. Even the speeches Ms. Rice has made are a very clear indication that Kibaki is going nowhere with all this stupid behaviour. PNU and Kibaki should do something concrete and sacrifice big if they want to lead,  otherwise they are going to lose big. Raila is not the president, he is not even the prime minister, neither is he a minister.  In fact, the position Raila now has is just the MP of Langata who Kibaki rigged of votes . So if we do look at these two people Raila and Kibaki who has anything to lose if Kenya goes to the dogs of war? I do think Kibaki will be the big loser. Raila has nothing to lose now and there is no need for him to keep on backing down. ODM has done all what is possible to have peace in Kenya. Can somebody tell us in this forum what Kibaki has done to bring peace to Kenya? The only peace Kibaki brought was by ordering policemen and Mungiki to shoot to kill. The only peace Kibaki brought is by killing people through Mungiki and policemen, GSU and some  stupid Ugandan GSU.  Who does not know that most of Uganda’s things are transported through Kenya and anytime Kenyans disrupt the way, they start shrinking.

I hope Koffi Anna and G.W. Bush really know the person responsible for all this mess. When things go to the dogs of war, I do hope they catch Kibaki alive and take him to Netherlands where Milosovich rested until his burial day.  Kenya will be another glorious country after Kibaki’s death or retirement in Netherlands.

Paul Nyandoto

Edited for content by Jaluo Press.

Rice demands action as Kenya talks stall

Kenyans are not fools.  They believe that they are faced with the cruel reality of Kibaki and the Mt Kenya mafia under the Mungiki regime of which they consider a real danger and menace to our beloved country Kenya at the moment.The word danger is very, very big in Kenyans’ minds. It means something a normal human being cannot afford to live with. 

The international community are both corrupt and confused so cannot have decisive powers. Annan was invited for a tea-cup and ended falling like a well fed tick. Kenyans knew that they voted for change and Annan’s public relations way of kneeling before Kibaki was bound to fail. Kibaki lost the election in the broad daylight and he used the consitution’s weakness to have an openly rigged democracy which can’t work for the entire nation but only for Mungiki regime. Kenyans needs no permission to exercise their birthright.
Therefore, the only solution is a peacekeeping force to protect Kenyans to ask their right for Kibaki must step aside to give peace a chance to prevail. For resisting may force them to reach the state house for the aim now is that Kibaki and family must go to exile for his safety for we don’t have a choice

Opado

Edited for content by Jaluo Press.

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Rice demands action as Kenya talks stall – Yahoo! News

http://news.yahoo.com/s/nm/kenya_crisis_dc

Condoleeza Rice on Kenya

U.S. DEPARTMENT OF STATE

Office of the Spokesman

_______________________________________________________________
For Immediate Release                                                                                                
February 26, 2008

2008/138

 

Statement by United States Secretary of State Condoleezza Rice

 Kenya Political Solution

 

The United States is a strong friend and partner of Kenya.  Since the outset of the electoral crisis, we have urged a political solution  acceptable to the Kenyan people.  The crescendo of peaceful voices  continues to mount from a broad range of civil society organizations,  churches, and directly from the Kenyan people on the need for a political solution. I join my voice to that of the Kenyan people. 
 

Former UN Secretary General Kofi Annan and the eminent persons have been engaged in intensive efforts to help the parties achieve a solution. I strongly support those efforts.  Last week President Kibaki and the Honorable Raila Odinga assured me of their commitment to work out a structure for the real sharing of power to govern the country. While some progress has been made, I am disappointed by the failure of leadership necessary to resolve all the remaining issues.  There can be no excuse for further delay. There can also be no excuse for violence, and those responsible must be held accountable.

 
Last week I conveyed to both sides the commitment of President Bush and the United States Government to support a political solution and to provide the additional assistance that Kenyans’ will need to rebuild, to reconcile, and to carry out institutional reforms. 

 
I want to emphasize that the future of our relationship with both sides and their legitimacy hinges on their cooperation to achieve this political solution.  In that regard, we are exploring a wide range of possible actions.  We will draw our own conclusions about who is responsible for lack of progress and take necessary steps.  We will also exert leadership with the United Nations, the African Union, the European Union, and others to ensure that the political solution the Kenyan people deserve is achieved.

Sent by Elias.

The Kenya We Want (Debate)

Date: Tue, 26 Feb 2008 07:53:36
Re: Vs. The Kenya We Want

Charles,

I do understand your point. But please just listen for a second. Kenya has been building democracy, and that is what have given even the voters hope of going in abundance to the voting box last year to express their views and mind. But what have they got, just a middle finger.

Mark me well I am not now talking about Kibaki or Raila. What I am saying is this: the president can come from any party since presidents are being elected by all voters. But the party which should form a government in any democratic state is the party with the majority of MPs in the parliament. Because it is the party expressing majority of voters. All over the world any government or state claimimg or actually understanding what democracy means, do things like that, that is what is called democracy. People should not keep on shouting this word called DEMOCRACY without knowing or understanding what it means. And even up to now I do not know where CHIEF JUSTICE WAKO is? WHERE ARE THE COURTS HE USED TO SHOUT FOR US TO GO TO? WHY CAN HE NOW TELL KIBAKI TO GO TO COURT IF HE KIBAKI AND PNU WANTS TO FORM THE GOVERNMENT AND THEY ARE NOT THE MAJORITY IN PARLIAMENT? Law should be followed and Kibaki plus PNU have broken the laws more than thieves or murderers in our Kenyan prisons today. Why should they be allowed to go free and spend tax payers’ money?

These people have been in the government now for over 5 years and claiming that they have developed Kenya to a good direction, while when they are sick or any member of their family is sick they fly them to be treated in England, Germany, USA, etc., while the common man can not even get a malaria tablet in a dispensary in Kenya. Don`t you see how they shake when Europeans or USA tells them that they will not get visas to Europe or USA? Why are they shaking? It is because all the money they have been stealing is invested in Europe or USA. These people are not investing all the tax payers money that they steal in Kenya. In fact, they are not patriotic at all, they are just some thieves, gangs, or robbers stealing Kenyan’s wealth. Who are these people? And should even Kikuyus support Kibaki, Karua, and Saitoti when Kikuyus are refugees in Uganda or living in tents in Kenya?

A president can be any Kenyan whom Kenyans want, and a goverment should be formed by a party with majority of MPs. If there is no majority party, then alliances are formed after the election. But on 27th. Dec. 2008, the Majority of Kenyans gave ODM party the mandate to rule and form a government and the so-called chief justice is not even talking about this. Why is he now silent. Things can be solved in a lot of ways. The most important point is to get to the goal, but I am afraid we Kenyans are getting nowhere this time.

Paul Nyandoto.

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Date: Mon, 25 Feb 2008 21:30:23 
Subject: Re: The Kenya We Want

Nkuraya,

Kenya can have both president and a prime minister if the constitution is amended and they both follow the same law and same policy. What is happening in Kenya today is; there is no set law and non of our leaders follow the law. For example police should NOT tell any body that he/she is following orders from above. Nobody should order police to perform an illegal act on his/her favor. There has to be a stipulated law that is followed regardless of who is involved. I was in Kenya in 2006, there were no hawkers in Nairobi.  Go to Nairobi today. Hawkers are all over because Kibaki allowed them to come back during elections, are we going back wards or forward? Meanwhile, the shop owners are expected to pay tax and vat while somebody who is not paying taxes is selling their goods in front of the shops!!!
 
You cannot compare Al Gore and George Bush saga with the Kenyan one. Bush had to wait for supreme court to declare him the winner after which he was sworn in. Kibaki was sworn in even before Kivuitu announced the winner. Chief justice who is the custodian of Kenyan law already took sides by circumventing the law by swearing in Kibaki. Look what Uhuru did with councilors nominations by nominating more councilors than what he is allowed to nominate, is this the Kenya that we really want? Kenya is heading in to a big hole and it will take a long time to come out of that hole.
 
Ja Katweng’a
 

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Date: Mon, 25 Feb 2008 12:51:27
Subject: Re: Vs The Kenya We Want  

Paul, I understand what you are saying. What I am trying to look is 20 years from now when there will be no Kibakis and no Railas. When we will have healed our wounds and the controversial election is long gone. Then the question arises do we want Kenya which moves in one direction with one leader one voice or Kenya which have many leaders many voices and therefore divided?

Paul, politicians being what they are they will never have the same view on anything.  Now imagine we have a President and a Prime Minister. The President is a Teso and the Prime Minister is a Oromo.  The President have a certain view and a certain policy at the same time the Prime Minister has different views and different policies. Now the Teso people decide to support the President and views and policies while the Oromo people decide to support the Prime Minister with his views and policies. Of course there would be violence. This violence would be so serious since the government will be split into two. The security forces would be split into two. It would be an internal war.

So, basically we would have a good election but still have total war within the government. You have to bear in mind the fact that Kenya has stayed stable and united for this long not because we had angels as leaders before but because we had one government, one leader one voice whether it was Moi or Kenyatta.

Another good example was US in 2000 when Al Gore emerged with more votes than Bush but fewer electoral college votes.  Nobody came forward and said for the sake of stability and nation reputation let share power. Let Al Gore be Prime Minister and Bush the President so that it can be a win win situation.  I think we ought to look at that and borrow a leaf from one of the oldest democracies we have.

Paul, remember the adage many cooks spoil the food.  I rest my case.

Nkuraya  

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Date: Mon, 25 Feb 2008 19:49:16  
Subject: Re: Vs The Kenya We Want  

Charles what are you talking about?

A term for the president, even if he is a nightmare president, you want him to go on until his term is over or what? Any Kenyan doing poorly on any job is kicked out before his agreement time is finished whether he likes it or not. President Moi also did it for 24 years and he could have still do it if he was Kibaki, so do not cheat people. Again, all you have mentioned from no. 2 to 7 are directly or indirectly connected with the president you have already given the time he can steal people’s money until his time ends and after that you still can do nothing to him. Charles, do not think this forum is full with stupid people. This same Kibaki has given alot of things to the Chinese. We thought that when he was neglecting the west, we were going somewhere where we Kenyans can decide our future ourselves, we never knew he was just switching us from one master to another.

Kibaki and his party PNU have only 43 Mps, while ODM has 101.  So who should be the opposition according to you?

Please, if you do not want to build a better Kenya, just keep silent. You will soon see American army men patrollling streets of Nyeri and that is when you will realise that things are not that simple as you think.

Paul Nyandoto.

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Date: Mon, 25 Feb 2008 09:29:12
Subject: The Kenya We Want  

The changes we need for a stable Kenya not only for the present but also for the future are few which are important:

1. A term limit for the Presidency(we already have that)
2. An independent electoral commission.
3. An independent Judiciary system.
4.  An independent parliament.
5.  A land Commission with implementation power.
6. A tribal clashes commission with power to punish.
7. Vetting of senior government position by parliament.

What we don’t need:

1. Power sharing ( what is the purpose of an election)
2. Prime Minister (a   position to divide people and waste money with little benefit to the common man)
3. A coalition government(what is democracy without  opposition)

All the above can be achieved by constitution amendments or by agreement by all stake holders.

Charles Nkuraya

Primary Issue Should Never be Relegated

While it is healthy to argue what is best for Kenya and What ideal leaders ought to offer for Kenya, it is imperative that as a democracy we must not forget or push from the limelight the significant issues that brought the whole impasse in Kenya which facilitated all these deaths and created all the IDPs.
ECK failed the Kenya People in the last elections by declaring Mwai Kibaki as winner for the Presidency while Kibaki had lost to Raila Odinga. This is ultimate abuse of any democratic ideals any country can tolerate. As a Kenyan I want that error to be corrected for justice to be seen to be done. ECK ought to have nullified the results and ordered for fresh elections to avoid the violence and brutal killings by police that followed. I would like to see Kibaki, PNU and Kalonzo Musyoka to respect the outcome of the elections and give the Preseidency back to the party (ODM) which won the seat comfortably before the infamous blackout. Secondly, it would be important to disband ECK and indict the commissioners, the CJ, AG, and all the Senior Government Officials who took part in the illegal swearing-in ceremony at State House period. All other mediations on who gets what in the government should never be allowed to take centre stage. Kibaki lost the elections
 and he should vacate State House immediately. There is no need to hold Kenya at ransom and expect that things will change by some miracle.