Date: Wed, 9 Apr 2008 23:07:14 -0700 (PDT)
From: odhiambo okecth

The current impasse between PNU and ODM on portfolio balance can best be looked at from the PNU point of view, what portfolio balance means to them even in their current government.

We must start by acknowledging that PNU got 43 seats only. They hence conned KANU, the desperate ODM-K and other small parties to join them in the power greed against ODM who had 106 MPs.

With the support of the two desperate parties, they called the police to the roads, and had Kibaki sworn in at dusk as the president of Kenya. Thereafter, Kibaki formed what they called half cabinet of 17 people.

In the half cabinet, which is supposed to serve the interest of all Kenyans, Kibaki took for himself the 7 big ministries that matter. In the edition of Showdown, a popular talk show at NTV, Hon James Orengo brought this out more candidly.

Even in PNU government, Portfolio balance is skewed in favour of Kibaki and Central Province. Kenyans, even those in PNU government must now also call the Kibaki bluff.

Look at this portfolio balance;
1] President of Kenya; Mwai Kibaki from Central Province
2] Minister for Finance; Amos Kimunya from Central Province
3] Minister for Internal Security; George Saitoti from Central Province
4] Minister for Justice; Martha Karua from Central Province
5] Minister for Local Government; Uhuru Kenyatta from Central Province
6] Minister for Energy; Kiraitu Murungi from Central Province
7] Minister for Roads and Public Works; John Michuki from Central Province

In a cabinet of 17 people, the rest must be having some impairment that clouds their systems into reality. Why can the people in PNU also call for portfolio balance in their half cabinet?

Then, we must also look at other arms of that PNU half government and confirm if it is balanced;
1] Head of Public Service and Secretary to the cabinet; Francis Muthaura from Central Province.
2] PS Internal Security; Cyrus Gituai from Central Province
3] PS Defence; James Mwaura from Central Province
4] PS Energy; James Nyoike from Central Province
5] PS Education; Karega Mutahi from Central Province
6] PS Finance; Joseph Kinyua from Central Province
7] PS Roads and Public Works; Mwaura from Central Province
8] Chief Justice; Evans Gicheru from Central Province
9] Director KACC; Aaron Ringera from Central Province
10] Chief Whip; George Thuo from Central Province
11] PPO Nairobi; Njagi Njue from Cental Province
12] Governor Central Bank; Njoroge Ndungu from Central Province
13] Cardinal; John Njue from Central Province etc etc

This is what PNU knows as sharing power with other Kenyans.

Even in PNU itself, where is the love for the rest of Kenya in distribution of power.

This is all the more reason ODM must insist that a new government is formed, with clear distribution of power to all the regions. It is not enough just being in cabinet being a minister for Nairobi Metropolitan and Citi Hoppa Services.

Odhiambo T Oketch
Koamrock Nairobi

___
Subject: Portfolio balance PNU style

Date:  Wed, 9 Apr 2008 13:02:33 -0700 (PDT)
From:  Kiambu Kengeru
Subject:  RAILA – KIBAKI LETTERS.

— On Wed, 4/9/08, Kiambu Kengeru wrote:

From: Kiambu Kengeru
Subject: MARTHA KARUA AND MUTULA KILONZO REMARKS;
Date: Wednesday, April 9, 2008, 7:56 PM
Kibaki / Raila Letters
7th April 2008

His Excellency Mwai Kibaki, CGH, MP

President of the Republic of Kenya

Office of the President,

P.O. Box 30510,

NAIROBI

Your Excellency,

RE: FORMATION OF THE GRAND COALITION GOVERNMENT

The meeting yesterday adjourned to allow for consultations
until this afternoon, after you declined further
discussions on portfolio balance and instead insisted on
your proposed allocation of ministries.

Our party is deeply concerned that the stalemate over the
formation of the Grand Coalition Government is increasing
uncertainty and anxiety in the country. It is also
escalating the mistrust that we as leaders were expected to
eliminate by the establishment of the Grand Coalition.

The National Accord and Reconciliation Act is already in
force. It must be understood that ODM and PNU are equal
partners in the Grand Coalition. The failure to form the
Grand Coalition Government is in fact a continuing breach
of the Act and the Constitution.

We have always acted in good faith and conveyed to Your
Excellency that the Grand Coalition would be one
government. The positions PNU is staking claim to imply
that we are forming a government with two cabinets. On the
contrary, this is a Grand Coalition of two equal partners
sharing executive power on a 50-50 basis.

It is becoming clear to our party that your side is
reluctant to honour the spirit and principles of the
National Accord and Reconciliation Act. I therefore wish to
let you know that the following issues must be resolved in
the course of our further consultations on the formation of
the Government:

1. The Current Cabinet

The current cabinet should be dissolved to allow for the
formation of a fresh Cabinet in accordance with the Act.

2. Portfolio Balance

Although we reluctantly conceded to an enlarged cabinet
against the wishes of Kenyans, our party now maintains that
the Grand Coalition Cabinet should not exceed 34 ministries.
Allocations of portfolios must be based on the agreement of
3rd April 2008 in which we agreed that the PNU side
nominates appointments in the Finance and Security
portfolios and in return, ODM would nominate Ministers to
the following portfolios:

· Local Government

· Foreign Affairs

· Transport

· Energy

· Cabinet Affairs

It is important I reiterate that the above represents and
remains our Party’s irreducible minimum position. We
attach hereto, for your ease of reference, the full ODM
Portfolio Balance List, which was delivered to you last
Friday.

3. Structure and Organization of Government

The following must also be agreed upon in advance:

· An acceptable classification of ministries;

· A clear definition of the roles and responsibilities of
the Office of the Prime Minister;

· The structure and organization of government, including
the rationalisation of the roles of the Head of the Public
Service and Secretary to the Cabinet;

· Appointment of the Permanent Secretaries;

· Appointment of Ambassadors and High Commissioners; and
the

· Appointment of the Chairpersons, Directors and Chief
Executives of parastatals, and constitutional offices.

I propose that a Joint Team of four members, two from each
side, be constituted to build consensus on these issues
within the next three days.

Please confirm your acceptance of the above before the
meeting this afternoon.

Yours truly,

Hon Raila Odinga, EGH, MP

Prime Minister-Designate

Encl.

88888888888888888000000000000000011111111111111111

STATEMENT BY HON. RAILA ODINGA, PRIME MINISTER-DESIGNATE,
ON THE CURRENT STATUS OF NEGOTIATIONS ON FORMING THE GRAND
COALITION GOVERNMENT

7 April 08

With cries of jubilation and Happy New Years, Kenyans on
28th February began to breathe freely again as the National
Accord brokered by Mr. Kofi Annan was signed by President
Kibaki and myself. The terror and fear they had been living
under at the hands of mobs, militias and government forces
was finally over. A few weeks later, Parliament unanimously
entrenched the Accord into the Constitution and Laws of
Kenya.

But since then, Kenyans have observed with growing dismay
and anxiety that not a single concrete agreement has been
achieved on any aspect of the new coalition government. Our
nation is adrift and without direction, and with each
passing day, our problems are mounting.

To overcome this terrible impasse and another looming
crisis, our side has gone many extra miles and made an
extraordinary number of concessions. Against the strong
wishes of our supporters and indeed of all Kenyans, we
accepted PNU’s insistence on a bloated 40 member
Cabinet. I agreed also to cede some of the most crucial
ministries – – such as Finance, Defense, Internal Security
and Justice and Constitutional Affairs.

-+In exchange, we obtained infrastructural ministries such
as Energy, Transport and Roads – which are instrumental in
the building of rapid economic growth – as well as Local
Government and Foreign Affairs. But in agreeing to this, I
indicated that we had reached our irreducible minimum. The
response to our magnanimity from the other side has been to
retract every agreement we have finalized!

This latest crisis in portfolio balance captures the
astonishing lengths PNU is willing to go to ensure that it
continues to monopolize power.

On 1st April, President Kibaki’s emissary, Hon George
Saitoti, gave me a proposed list of 40 ministries and how
they should be divided. The next day, we wrote to the
President’s Office rejecting the proposal.

The following day, 3rd April, President Kibaki and I met
for two hours and made numerous concrete agreements on
portfolio balance that I have just mentioned, which enabled
both of us to say publicly that the Cabinet would be
announced yesterday (Sunday).

On Saturday, I received from Ambassador Muthaura a letter
unilaterally indicating that the Cabinet to be announced
would be formed on the basis of an enclosed list of
ministries and their allocations that we had rejected on
2nd April! The agreements we reached in our 3rd April
meeting were nowhere to be seen.

We were therefore unable to reach any agreement in the six
hours of talks yesterday.

Today, in response to a letter I had written to President
Kibaki, we received a reply from Ambassador Muthaura side
reneging on our previous agreements, as well as the spirit
and the letter of the Accord. In PNU’s interpretation,
the Constitution grants the President exclusive executive
power to run this country on his own, and that these powers
supersede all the provisions of the Accord.

The President and I promised the nation yesterday that we
would finalize arrangements for the Grand Coalition
government, including the naming of the Cabinet. However,
PNU’s misconception of the Accord and the principles of
democratic governance mean that there was no point in
meeting today to conclude discussions on Cabinet formation
and the constitution of the government.

We hereby provide correspondence between our two sides
which gives details of the issues at stake and our
proposals on the way forward. Let me state once again that
we are committed to the full and speedy implementation of
the National Accord to resolve the crisis gripping our
country.

88888888888888888000000000000000011111111111111111

7 April 2008

His Excellency Mwai Kibaki, CGH, MP,

President of the Republic of Kenya,

State House,

NAIROBI

Your Excellency,

FORMATION OF THE GRAND COALITION GOVERNMENT

I have been directed by the Prime Minister-Designate to
reply to your letter as follows:

1. We note PNU’s expressed commitment to the
implementation of National Accord and Reconciliation Act.
However, the tone and content of your letter completely
negates the spirit and the letter of the Accord.

2. As you may appreciate, this arrangement is about a Grand
Coalition Government arrived at after protracted
consultations that saved this country from total collapse.

3. To facilitate the formation of the Grand Coalition
Government, the National Accord and Reconciliation Act,
2008 and the Constitution of Kenya (Amendment) Act, 2008
were enacted.

4. Your reference to Sections 23, 17, 18 and 111 of the
Constitution, with respect to executive authority of
government, assigning of portfolios to ministers and
appointment to Secretary to the Cabinet, Permanent
Secretaries and High Commissioners is misleading.

5. A Grand Coalition Government as envisaged by the
National Accord can only be managed under the provisions of
the Act. The other sections of the Constitution did not
envisage the Grand Coalition Government.

6. The Constitution as amended, in Section 4 (3) of the
National Accord and Reconciliation Act (2008) provides that
“the composition of the coalition Government shall at
all times reflect the relative parliamentary strength of
the respective parties and shall at all times take into
account the principle of portfolio balance”. That is
the Constitution as it stands today.

7. Your reference to Sections 23, 17, 18 and 111 are
overridden by the proviso to Section 3 and Section 15A (5)
and (6) of the Constitution which states respectively as
follows:

“Provided that the provisions of this section as to
consistency with this Constitution shall not apply in
respect of an Act made pursuant to section 15A(3)”,
and

“Nothing contained in or done under the authority of
an Act of Parliament made pursuant to subsection (3)
immediately following the commencement of this section
shall be held to be inconsistent with or in contravention
of any provisions of this Constitution”.

Therefore, the references to the above sections of the
Constitution and all other provisions relating to the
exercise of the executive authority, appointments and
assignments of responsibility by the President, in this
coalition arrangement, MUST be exercised in strict
conformity and complete compliance with full provisions and
requirements of the Accord.

8. We look forward to the full and speedy implementation of
the Accord and will avail ourselves at the earliest
opportunity to discuss portfolio balance, structure and
organization of government, the appointments of Secretary
to the Cabinet, Permanent Secretaries, Ambassadors and High
Commissioners in our joint pursuit to constitute the
coalition Government as envisaged in Section 4(3) of the
National Accord and Reconciliation Act, 2008.

9. The basic framework and structure of the Government of
Kenya must be in accordance with the Constitution of Kenya
(Amendment) Act, 2008 and National Accord and
Reconciliation Act (2008) which is founded on
power-sharing. Any departure from the Constitution and the
Accord is an abrogation of the supreme law of the land and
any government otherwise established is illegal and
unconstitutional.

Yours truly

Dr. Mohamed Isahakia

ODM Secretariat

__._,_.___
Subject:  RAILA – KIBAKI LETTERS.

N’yongo’s highlighted statement below may be too little too late. This is the kind of stance that ODM/Raila should have taken as I stated yesterday. They must not continue to waver between two opinions. This is not a game. Precious lives are at stake.

There is another chance now to make the cabinet even smaller than 34. Why should it be 34? We have a window of opportunity for a better approach as we have enough proof now that PNU/Kibaki cannot be trusted.

I hope that ODM/Raila is going to capitalize on this.

The sad part of all these is that blood has started to flow again! What a shame!

Keen Nyamwange (Obama’s Illions for Raila — OIFR)

Kenya opposition halts talks as protests flare
Tue Apr 8, 2008 12:15pm EDT
By Katie Nguyen and Daniel Wallis

NAIROBI (Reuters) –

Kenya’s opposition suspended talks with President Mwai Kibaki’s party on Tuesday and police fired tear gas to scatter opposition supporters protesting against deepening deadlock over a power-sharing cabinet.

Kibaki and rival Raila Odinga delayed naming a cabinet on Monday after disagreeing over how to share out ministries and traded blame over who was responsible for the deadlock.

The cabinet is central to a deal on ending Kenya’s post-election crisis.

Anyang’ Nyong’o, secretary-general of Odinga’s Orange Democratic Movement (ODM), said talks would be suspended until Kibaki’s party “fully recognizes the 50/50 power-sharing arrangement and the principle of portfolio balance”.

Government spokesman Alfred Mutua condemned the walkout and accused ODM of playing games.

“They are the ones who do not want the coalition. How can they walk out of talks and make demands? Demands are made at the negotiating table,” he said.

Nairobi’s sprawling Kibera slum was convulsed by the biggest protests since both sides signed a power-sharing deal in February to end turmoil that killed at least 1,200 people after Kibaki’s disputed re-election in December.

In a sign of mounting international concern, development partners including Britain, the United States, the World Bank and the United Nations said genuine power sharing was required to restore Kenyans’ faith in the government.

“These politics can do real harm to our economy,” said Friday Mwafuga, head of trading at Cooperative Bank. “Until this problem is solved, we are in for a rough ride ahead.”

“SUFFERED ENOUGH”

Kenya, east Africa’s biggest economy and an important regional trade, transport and tourism hub, suffered heavily from the post-election riots and ethnic violence — the worst turmoil since independence in 1963.

N’yongo said the opposition was demanding a partial cabinet already named by Kibaki be dissolved before any more talks took place. He said the opposition would no longer respect an earlier agreement to a 40-member cabinet and wanted it to have 34 posts.

But some analysts believe that while Odinga’s party is clearly stepping up the pressure to get what it wants, it has little room for maneuver.

“They can accept the offices offered, withdraw from the coalition or resort to mass action,” said Kenyan political analyst Mutahi Ngunyi.

If they withdrew that would hand all power back to Kibaki, he said, but “mass action does not make sense at this time” because of the bloodshed it provoked in January.

Most of the recent disagreement centers on a handful of ministries that Odinga, the prime minister-designate, says Kibaki’s Party of National Unity (PNU) had promised to give up.

PNU denies that, and Kibaki said on Monday he was ready to conclude the process of forming the cabinet as soon as possible.

“They can accept the offices offered, withdraw from the coalition or resort to mass action,” said Kenyan political analyst Mutahi Ngunyi.

If they withdrew that would hand all power back to Kibaki, he said, but “mass action does not make sense at this time” because of the bloodshed it provoked in January.

Most of the recent disagreement centers on a handful of ministries that Odinga, the prime minister-designate, says Kibaki’s Party of National Unity (PNU) had promised to give up.

PNU denies that, and Kibaki said on Monday he was ready to conclude the process of forming the cabinet as soon as possible.

One post not in dispute is finance, which means Finance Minister Amos Kimunya is almost certain to keep his job.

Duncan Kimani, a senior currency trader at Bank of Africa Kenya Ltd., hoped the dispute would not degenerate further.

“Already the country has suffered enough in terms of tourism and the supply chain being cut off,” he told Reuters. “So a prolonged deadlock would mean that even the 4 or 5 percent growth target we’re looking at might not be achievable.”

(Additional reporting by Duncan Miriri, Wangui Kanina and Hereward Holland; Writing by Daniel Wallis; Editing by Katie Nguyen and Catherine Evans)

(For full Reuters Africa coverage and to have your say on the top issues, visit: africa.reuters.com/)

Keen Nyamwange

Kenya opposition halts talks as protests flare

Folks,
This is the more reasons why ODM has failed the MWANANCHI. In addition ADD the ACCUMULATIVE FUNDING from OVERSEAS Governments which is a PAYBACK and will be paid from TAXPAYERS the ordinary MWANAINCHI – which in ESSENSE the IOU MONEY is supposed to SERVICE the FALLEN & REVAMP ECONOMY to its feet.
You know what, I HATE TO SAY THIS but – it will be necessary for someone from ODM – to take over from RAILA the AGWAMBO than put Kenyans to a MESS. This is the same style his father did after winning with the majority opposition elected members in 1992. As people rightly says RAILA was TINGA TINGA. Well the saying goes without MUCH ADO that he was just a GOOD POLITICAL CAMPAIGN SKEWED MOBILIZER and a SCHEMER – BUT NOT an ASTITUDE POLITICAL LEADER. At this point he needs to PAVE way for some serious LEADERS who will lead Kenya to the fulfilment MILLENIUM PLAN OF ACTION by the year 2020.
Thanks,
Judy Miriga
USA

CMW nassehw@… wrote:
Hudson,
PNU in this case behaved the way we expected it to behave. Now, for ODM this is the beginning of a disaster. As good a politician as Raila is, his greatest failing has always been impatience. Already the pressure was beginning to mount on Kibaki and the PNU from the international community and from NGO’s. All ODM had to do was sit and wait.
Wafula

—–Original Message—–
From: obed nyaribo
Sent: Thursday, April 03, 2008 12:24 PM
Subject: Re: 40 Ministers!:Cabinet to be named on Sunday

Kenyan politicians are not role models to follow. They have no stand on anything ,they can be bought and sold anytime. It not a surprise that Raila was duped to accept 40 cabinet arrangement so that the other side would say that RAILA was in agreement with it. It is a joke to have 40 cabinet positions in country where people cannot afford one meal a day and we have IDPS suffering in camps without food. It is a big disappointment for the Kenyans people because politicians never takes instructions from them after they are elected.

fred O aboge wrote: I am dissapointed by the “BREAKTHROUGH” if this means the taxpayer is to be saddled by some 40 ministries, complete with assistant ministers and permanent secretaries! ODM should have rejected this and instead pushed for ha! lf this number even if it meant loosing some political support.Raila should walk the talk and be consistent on this. Yes, the election was stolen and everybody knows it but throwing tax payer’s money is hardly a solution! This flies in the face of ODM’s blueprint for cleaning the mess politicians have created in the country. Raila has support across the country and should reject this so called “breakthrough”

On 4/3/08, Kuria-Mwangi wrote:What made Raila change tune? Wish he stood by the Kenyans.
Cabinet to be named on SundayWritten By:Emmanuel Kola ,

Posted: Thu, Apr 03, 2008

President Mwai Kibaki and Prime Minister Designate Raila Odinga will name the grand coalition government this Sunday.
The development emerged after the two principals Thursday held talks for over two hours on the formation of the new coalition cabinet at Harambee House in Nairobi.
The two leaders agreed on the appointment of a cabinet comprising of forty Ministries. The cabinet is scheduled to be sworn in on Saturday April 12.
Thursday’s meeting at Harambee house by the two principals eventually ended the anxious wait by Kenyans on the naming of the grand coalition cabinet.
Both parties said they were pleased with the outcome of the discussions in the spirit of give and take and expressed their appreciation to Kenyans for their patience during the period of consultations.
Briefing the media after the meeting Raila noted that the long consultations were necessary to ensure an agreement that is amicable and good for the country.
Meanwhile the government spokesman Dr. Alfred Mutua says the breakthrough in the naming of the new cabinet will now pave way for the government to focus on other issues such as resettlement of Internally Displaced Persons.
Addressing t! he press during his weekly briefly briefing Dr.Mutua said most of the displaced people have been sent back home and are rebuilding their lives.
At the same time Mutua dispelled fears over the alleged distribution of leaflets in Burnt Forest area warning IDPs from the area not to return saying that the government is investigating the issue.

Written By:Emmanuel Kola , Posted: Thu, Apr 03, 2008

President Mwai Kibaki and Prime Minister Designate Raila Odinga will name the grand coalition government this Sunday.
The development emerged after the two principals Thursday held talks for over two hours on the formation of the new coalition cabinet at Harambee House in Nairobi.
The two leaders agreed on the appointment ! of a cabinet comprising of forty Ministries. The cabinet is scheduled to be sworn in on Saturday April 12.
Thursday’s meeting at Harambee house by the two principals eventually ended the anxious wait by Kenyans on the naming of the grand coalition cabinet.
Both parties said they were pleased with the outcome of the discussions in the spirit of give and take and expressed their appreciation to Kenyans for their patience during the period of consultations.
Briefing the media after the meeting Raila noted that the long consultations were necessary to ensure an agreement that is amicable and good for the country.
Meanwhile the government spokesman Dr. Alfred Mutua says the breakthrough in the naming of the new cabinet will now pave way for the government to focus on other issues such as resettlement of Internally Displaced Persons.
Addressing the press during his weekly briefly bri! efing Dr.Mutua said most of the displaced people have been sent back home and are rebuilding their lives.
At the same time Mutua dispelled fears over the alleged distribution of leaflets in Burnt Forest area warning IDPs from the area not to return saying that the government is investigating the issue.

——-
40 Ministers!:Cabinet to be named on Sunday – INSANE!!!!!!!!!!!