I still believe the coalition needs a thorough discussion, a real decision through further constitution amendment and a commitment by not only Kibaki and Raila but also by the key Railalets and Kibkilets.

Just to show how many Kenyans are left wondering what is up?  Dr. Paul Nyandoto writes ” coalition governments are not forever neither are they permanent you can not change the whole
constitution of a country just for the period of that coalition”

while Mchoma Moenga states and I quote “Unfortunately, the accord, now an Act of Parliament, is very dilute and vague on the exact and definite role and rank of the Prime Minister. ….. you
will realize that it did not repeal anything of the existing constitution. Words and statements like “equal share” and “coordinate and supervise” are as superfluously vague as vague can be. Thus the tussles as to whether power sharing starts and ends at the appointment of the cabinet, or does it extend to the appointment of senior civil service officers, ambassadors, heads of parastatals, etc. Then the simmering issue of rank: Does the VP rank higher than the PM?”.

The two are just amongst many interlectuals who have read the coalition and come out as confused as I am. Mutula Kilonzo and Martha Karua, former respected lawyers as well are so confused to an extent that they apply the law only when it is anti Kibaki’s inner cirle decision. At one point, they are aware of the PM’s power and at another they do not give a damn about the existence of the PM and who is who in the government they serve. Which way are we haeding to my brothers? Who is right in this? Is it Orengo and Anyang Nyongo or Karua and Kilonzo

To me it looks like intellect of these leaders is mesmerized by information  and confused by the side there bread and power comes from to an extent that they are completely unable to theorize about the future in the presence of the now. If you privately cornered Martha Karua or Kilonzo, I believe they will confide in you to state that they have no idea what is going on. I think I would be correct to state that the masses are totally lost because their leaders have blindfolded themselves. If  these mps we elected in office are the ones we expect to run our government then I am sorry to say that the government of Kenya is lost and confused. We are like goats without shephereds.

Yes we have some “peace” now, yes we have the prime minister, the president and the rest. However, why have our leaders not taken time to tie down the coalition amendment with the current constitution of Kenya so that the two laws can agree with each other? Didn’t many faught and died to ensure that the rule of law becomes supreme and above individuals? Kenya as the land of intellectuals must sort out this mess once and for all.

For us to have Raila crying foul infront of the masses and that everybody, including professor George Saitoti iare unable to fugure out the mathematics of this coalition then something big is missing my friends. The missing link is what I would like to point out here. The legislatures have failed to tie down or harmonise the law of Kenya with the coalition amendment laws. The must do this now before we start seeing another blood shed. We are tired of blood on our streets. This harmonization can only happen if both sides agree that none of them is in this to outwitt the other but to stick with this and uphold the constitution to the end of the term. This coalition as we know cannot survive the life of parlament (five years) except by a miracle. The reason is that there are so many reactions that may lead to very very bad outcomes. Amongst them are
1. Who is the government. Is it the president, the prime minister or the prime minister and the president. Is it PNU or ODM
2. What happens if the president ignore coalition amendment and use his constitutional powers to fire the prime minister just like any other minister?
3. What happens when MPS defect from ODM and join PNU there by making PNU to be the party with the majority. Does Raila and Kibaki change roles then?
4. What happens if Raila and Kibaki simply disagree. Yes it is stated that one party can pull out. Then what?
5. What happens if the president dies. Who becomes incharge.
6. How long is the coalition term. Is it two or five or ten years. Can it survive even one year?

A nation without laws is a chaotic village. It is time for the PNU and ODM legislatures to do something. I refuse to accept this quagmire. I refuse to depend on personalities. In a land of people with different intellectual capacities, the law becomes our only friend. We must institutionalize it and defend it.

Dr. Barack Abonyo

– – –
Date:  Fri, 2 May 2008 05:40:09 +0000
From:  barack abonyo
Subject:  “THE COALITION” SOMETHING IS MISSING IN THIS EQUATION