African Press International (API)

A “Daily Online News Channel” established on 30th.September 2006 by Rainbow Foundation (NGO) Reg.no. 976593510 and The Chief Editor who is a Member of Investigative Reporters and Editors International.

Archive for March 23rd, 2008

Mungatana cries over spilt milk

Posted by africanpress on March 23, 2008

Men of character entered into a deal to save the country from a  brink of colapse. Kenyans saw that as a long awaited gift - peace. Now they are waiting to see justice done. Equal opportunities for all ethnic groups.

Recently, Raila said there was need to have a conference on ethnicity. This is a good move. Let all 42 groups meet and get a common ground so that Kenyans may live without fear of the same killings that was seen being repeated during the next general elections.

Published by Korir, API africanpress@getmail.no source.nation.ke 

Story by GITAU WARIGI
 

PNU moved to calm unease ahead of debate

Garsen MP Danson Mungatana’s timing was oddly off. Calling a press conference to complain about “anomalies” in the power-sharing Bills was like crying over spilt milk. The National Accord and Reconciliation Bill and the Constitution of Kenya (Amendment) Bill had already been okayed by Parliament the previous day with no nays on the roster.

President Kibaki arrives for the opening of the 10th Parliament. Photos/FILE

It is probable that Mr Mungatana is just one of a small band that refuses to reconcile themselves to the inevitable. Or it could be that his emergence, which everybody else seemed to ignore, was a sign that there was more than met the eye within PNU, specifically on the question of power-sharing.

The previous day, the PNU parliamentary fraternity had congregated at the Windsor Club in Nairobi for what was billed as a parliamentary group (PG) meeting. Indeed it was, with even Vice-President Kalonzo Musyoka in attendance. President Kibaki happened to be in Nyeri attending the passing-out parade of police recruits at Kiganjo Police College.

But the Windsor meeting somehow looked pre-emptive. A week earlier, a group of Central Kenya MPs had met at Railway Club in Nairobi to discuss some burning issues. One of them was to seek an appointment with President Kibaki over what they felt should be their place in the new power-sharing environment.

They also reportedly discussed the issue of voter balance. They felt population parity when creating new constituencies should be made a condition in the proposed constitution review.
As one of the MPs put it, “We got more or less the same votes in the General Election. But we got only 43 MPs, and they (ODM) have 99.”

And, of course, there was heartfelt talk about the internally displaced people in Rift Valley Province who should get priority, it was put, before even power-sharing laws.

Grouping of backbenchers

This Central Kenya parliamentary grouping has been in existence since the last Parliament. Ministers and other insiders from the region normally steer clear of it.

It has mainly been a grouping of backbenchers who often feel left out of the thick of things.  The previous chairman was the former Ndaragwa MP, Mr Muchiri Gachara. The current chairman, or so it is understood, is the new Mathira MP, Mr Ephraim Maina, the contractor-owner of Kirinyaga Construction Company.

President Kibaki never bothered to meet this parliamentary group during his first term, and it is unlikely he wishes to now. According to one of his former minders, he thought the thing would portray him in a parochial light.

Nonetheless, it is clear the President understood the Railway Club meeting was not to be ignored, especially because it reflected the groundswell of resentment towards the power-sharing deal among many Central Kenya luminaries.

However, this resentment is something that has been kept carefully muted in the current national mood of reconciliation.

One participant at the Railway Club meeting disclosed that there would be a follow-up meeting the following Tuesday where the free-flowing discussions would be solidified into concrete resolutions. And that is when matters got interesting.

Windsor Club

Seemingly out of the blue, the authorities announced there would be a PNU meeting at Windsor Club to be chaired by Mr Musyoka. The President would conveniently be away.

The reason for the PG meeting was to mobilise support for the power-sharing Bills that were going to be tabled in Parliament that afternoon.

It transpired that within President Kibaki’s inner circles, a certain wariness had developed to the extent that his own backyard was strategising on some sort of rebellion against the power-sharing Bills that the President had staked his reputation internationally on.

Something that seems to have bothered these circles a great deal was the feeling that their man was basically looking after himself and not their “community’s interests.”

Organising PG meetings is normally the job of the Chief Whip who, in this case, is the new Juja MP George Thuo. He is clearly a rising star in PNU circles with a reputation for being ambitious and smart, though somewhat partial to where his bread is best buttered. It is clear, however, that in this instance, he was acting at the behest of higher-ups who had an urgent interest to rope in the restless Central Kenya group of MPs.

If there had been any agenda of rebellion from the Railway Club meeting, it was obvious this PG meeting would be the best antidote.

After all, the presence of ODM-K MPs, led by the VP, and MPs from other PNU-allied parties like Kanu was certain to diffuse what seemed to be parochial grievances of the Central Kenya core. Whoever planned this meeting must have had this in mind.

One of the highlights of the meeting was a presentation by lawyer Githu Muigai and another scholar from the University of Nairobi on the nitty-gritty of the power-sharing legislation.

On the face of it, it looked curious to call outsiders to explain to the gathering matters of law when this particular PG group is choke full with lawyers, some of whom are quite senior, such as Mbooni MP Mutula Kilonzo, who is a Senior Counsel.

Ms Martha Karua is no junior lawyer herself and, indeed, together with Mr Kilonzo represented the government side in the Kofi Annan-led mediation talks.

On top of this, there is the Attorney-General himself, who bats for the government side, and who actually drafted the particular legislation.

But it appears the forces behind the meeting were careful to have people not connected with government explain the Bills to the restive camp of MPs. Hence, the decision to keep AG Amos Wako as well as Mr Kilonzo and Ms Karua on the backseat. Whether this restive camp was fully mollified is another matter altogether.

However, President Kibaki was not ready to take chances. By all indications, that is why he appeared in person in Parliament to support and vote for the Bills. As was widely reported, it was an unprecedented act by a sitting President. President Kibaki had to fly all the way from Kiganjo in order to make it in time to Parliament.

But the long and short of it is that he may have wanted, through personally appearing in the House, to nip in the bud any lingering intentions by some PNU MPs to place roadblocks on the Bills.

As it were, the gambit worked. Somebody like Laikipia East MP Mwangi Kiunjuri seemed to be supporting the Bills with a heavy heart but could not quite bring himself to challenge them with the President present in the Chamber.

One PNU MP who requested anonymity put it this way, “We had not planned on rejecting the Bills as such. All we had wanted was clarity.” If that was the case, then the coming out of somebody like Mr Mungatana when the Bills had already been passed was a case of locking the stable after the horse has bolted.

It would be surprising if the President’s minders were caught unawares, as they almost always are, by this discontent within their own ranks. As German Ambassador Walter Lindner has been saying, coalitions are never a love affair. In other words, this kind of gamesmanship is neither unusual nor surprising in the circumstances.

It was by no means only the PNU rank-and-file that wanted clarity on the matter. During the actual session in Parliament, Kisumu Rural MP Anyang’ Nyong’o had complained that the Constitution of Kenya (Amendment) Bill had no schedule of implementation or interpretative summaries as is normal with such Bills.

When AG Wako rose to respond, he gave a cryptic answer to the effect that this was a matter best handled by President Kibaki and Prime Minister-designate Raila Odinga.

About a week before the Bills were passed, Head of the Public Service Francis Muthaura gave his version of where he thought the prime minister’s office stood in the political pecking order. Mr Muthaura is, of course, a much bigger gun than Mr Mungatana and who, by the nature of his job, is supposed to be politically circumspect. For him to show his hand was an indication of real concern at certain very high levels.

Basically, there is the big fear that ODM’s entry into government will crowd out jobs and opportunities that some PNU operatives thought they would have benefited from if the government remained entirely PNU.

Robust personality

But equally worrying for them is that the robust personality of Mr Odinga will effectively overshadow the plodding one of President Kibaki.

There are lingering memories of how a forceful person like Mr Simeon Nyachae once occupied the position of Chief Secretary and soon transformed it into something never seen before or since in the Civil Service.

To complicate matters, there are succession issues running parallel to the power-sharing deal itself. Kanu has been busy trying to sell Mr Uhuru Kenyatta for the deputy-prime ministerial slot reserved for PNU.

Narc-Kenya has itself been having meetings to push for Ms Martha Karua. And beneath it all, the real plans of Internal Security Minister George Saitoti remain largely unclear.

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African Press International (API)

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Ruto execised wisdom, now Kiraitu follows suit - Kenyan leaders are beginning to think of the people’s welfare

Posted by africanpress on March 23, 2008

 Kenyans needs to have leaders who now want to put the welfare of the people in the forefront. The two leaders are to be commended now that they have taken the decision to step aside in the fight for deputy premiership, a thing that could have set out new trouble for the country.

Published by Korir, API africanpress@getmail.no source.nation.ke

Story by SAMMY CHEBOI and CHARLES WANYORO
 Cabinet talk dominates week

Politicians on Saturday retreated to their constituencies upcountry for Easter but the naming of the coalition Cabinet dominated speeches at functions across the country.

In Aldai, Orange Democratic Movement chairman Henry Kosgey said the Cabinet will be split 50-50 between his party and its coalition partner, the Party of National Unity.

He was speaking at the funeral of former area MP Jim Choge.

In Meru Energy minister Kiraitu Murungi announced that he was withdrawing from the race for the position of deputy minister saying that PNU’s slot should not be filled by a candidate from the Mt Kenya region. In the division of the two positions of DPM, PNU will fill one and the other ODM.

ODM’s slot is likely to go to the deputy party leader Musalia Mudavadi, after the other serious contender, Mr William Ruto also withdrew.

‘‘It is true I was interested in the post but now, after careful consideration, and for the sake of national unity, it is better that it goes to an MP from another region,’’ Mr Murungi said.

He, however, lobbied for another MP from the Meru region to be appointed to the Cabinet, along with four assistant ministers.

He did not however propose a name to fill the position.

‘‘We request the President to appoint another one from this region and four assistants to enhance enough representation among the various sub-tribes in the larger Meru,’’ said Mr Kiraitu.

He was echoing the demands of Meru MPs in a memorandum recently sent to the President requesting government appointments in recognition of the region’s political support for the President.

In Aldai, Mr Kosgey said his party was not entering into a coalition with PNU but was rather forming one as an equal partner.

Earlier on, former Bomet MP Nick Salat appeared to complain that the Rift Valley, which overwhelmingly supported ODM in the election, was getting a raw deal.

‘‘Why are you afraid to go for the highest seat? What do you fear? I already see you going for the bones and not the flesh,’’ Mr Salat observed.

Mr Salat, a Kanu member, supported PNU in the election.

Former Health minister Paul Sang  supported Mr Salat, adding that leaders from Rift Valley should champion the interests of their community in the coalition.

Mr Kosgey assured his party’s supporters that all was well in the current arrangement and backed Mr Ruto’s decision to withdraw, arguing that the move was guided by foresight rather than selfish motives.

In Meru, Mr Murungi said he was comfortable working with ODM leader Raila Odinga although they had differed in the past.

He was speaking in Meru Central District during the wedding of Ms Edna Ntinyari and Mr Martin Muchai at the Kithirune Methodist Church.

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African Press International (API)

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President Wade keen on what is best for IOC

Posted by africanpress on March 23, 2008

Published by Korir, API africanpress@getmail.no source.apa

Senegalese President Abdoulaye Wade, has called for the setting up of a committee of advisors to the chairman of the Organisation of the Islamic Conference (OIC) which he has been heading since the holding of the Islamic body’s 11th summit from 13 to 14 March in Dakar.

According to a statement issued by the cabinet meeting on Friday, the commission would ’’discuss membership to the Ummah and meet regularly on to examine peace issues and economic problems facing the Islamic world”.

The OIC new chairman who was appointed for a three-year term, further hailed the perfect organisation of the organisation’s 11th summit in the Senegalese capital.

Among other things, the statement lauded the the successful review of the 36-year old Charter amid a changing world and which was unanimously adopted with its 39-articles.

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Tanzanians for Boxing leave the country

Posted by africanpress on March 23, 2008

Published by Korir, API africanpress@getmail.no source.apa 

Five Tanzanian boxers travel to Windhoek, Namibia for the second qualifiers of the Beijing Olympic Games sources have confirmed.

It will be D-day Sunday for the boxers who may deny the country, and themselves a chance to participate in the August 8 to 42 event in China should they fail to impress.

The boxers are Hashim Simon (light weight), Leonard Machichi (middle weight), Petro Mtagwa (feather weight), Emillian Patrick (bantam) and Joseph Martin (Welter weight).

Acting secretary general of the Boxing Federation of Tanzania (BFT) Adola Said told APA that they were optimistic the local pugilists will proceed to the next stage.

The boxing federation is currently struggling to raise funds for the olympic campaign, and had almost failed to raise enough money for the Namibia trip.

Two local companies, Air Tanzania Company Limited (ATCL) and the Serengeti Breweries Limited (SBL) came to the boxers’ rescue by donating tickets and Sh3.7 million for today’s trip, respectively. Tanzania hopes to send boxing and athletics teams for the Olympic Games.

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Demonstrating illegally against an African government causes refugee repatriation - a no nonsense policy in Ghana applauded

Posted by africanpress on March 23, 2008

Published by Korir, API africanpress@getmail.no source.apa

In a European country, refugees can demonstrate against a government. Not in Africa. When you demonstrate against a government housing you in Europe, the government persuades you not to continue demonstrating. Some even go on hunger strike to get their cases considered as a genuine refugee. When they go on hunger strike, they are persuaded to stop and eat or taken to hospital for treament.

In Africa, there is no such nonsense. Demonstrate as they did in Ghana and you get immediate free ride by plane to your home country. Liberians tried to force things in Ghana. No way, Ghana’s minsiter said no and put them in the immediate available plane.

May be European countries should wake up. Refugees need to learn discipline and not behave like everyone owes them life. When you are a refugee, respect the authorities in the country you are and get help in the right way instead of being pushy!

Sixteen Liberian refugees were on Saturday repatriated on board Air Force jets after undergoing screening by Ghana’s Interior Ministry for breach of law.

The 16 were part of 117 refugees arrested in a police swoop on Saturday morning at Budumburam Refugee Camp, some few kilometers away from Accra for illegally demonstrating against the government and the United Nations High Commission in Charge of Refugees (UNHCR) for refusing to meet their demand for US$1,000 as repatriation fee.

Fourteen have also been detained by the police for further investigation while 31 have been returned to the refugee camp.

Speaking at the police headquarters, Ghana’s Interior Minister, Kwamena Bartels, said Ghana will not allow people who it had accommodated for 18 years to take the law into their own hands and that security and stability of the country was very important.

He said the 16 people repatriated were on the wanted list of the Liberian Ambassador to Ghana, Mr Elwood Greaves, for illegally residing in Ghana.

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Dead student’s bodies repatriated

Posted by africanpress on March 23, 2008

Published by Korir, API africanpress@getmail.no source.apa

Conakry (Guinea) The bodies of the 11 Cameroonian students killed in a boat wreck last weekend off Conakry, were Saturday repatriated home on board Cameroon Airlines plane.

Cameroon Higher Education Minister Jacques Fame N’Dongo came to take delivery of the bodies accompanied by the Dean of the Medical School at the University of Conakry where the deceased were studying.

The funerals had begun on Friday in Conakry followed by a requiem mass.

The victims were then posthumously decorated with university diplomas.

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Kibaki made history in Kenya when he participated in a debate in Parliament recently - good for the country. (API)

Posted by africanpress on March 23, 2008

Published by Korir, API africanpress@getmail.no source.nation.ke 

Story by MUGUMO MUNENE

Death knell tolls for all-powerful presidency

Mzee Jomo Kenyatta built it, Daniel arap Moi fortified it and Mwai Kibaki is living it. But the all-powerful presidency that controls the lives of Kenyans from the cradle to the grave is headed for the grave in the current wave of reforms expected to last for the next year.

President Kibaki acknowledges greetings from wananchi in Nairobi. Photo/ FILE

The first signs came from Parliament this week where the constitution was amended to create the positions of prime minister and deputy prime ministers and where key political players – President Kibaki and Prime Minister-designate Raila Odinga – promised a new constitution in the next one year.

It was the first time in the country’s history that a sitting president participated in debate in Parliament, a move which was almost unthinkable just a few years ago.

This week’s constitutional amendments partially redefined the structure of government and portrayed a nation in the mood for reforms when Parliament sealed the power-sharing deal between President Kibaki and Mr Odinga.

In the aborted search for a new constitution before November 2005, Kenyans who made submissions to the now-defunct Constitution of Kenya Review Commission spoke passionately about the presidency and appeared to resent an institution they described as  all-powerful, imperial, dictatorial and authoritarian. They spoke of their wish to have the powers checked or redistributed to other institutions of government.

The larger-than-life presidency has occupied the lives of Kenyans from news bulletins to the face of currency notes and coins to the names of public institutions and to the making and, literally, unmaking of civil servants, who the courts determined in the 1980s, serve at the pleasure of the President.

Constitutional expert Githu Muigai now predicts that Kenya’s imperial presidency is doomed.

“Kenya has gone full circle from an authoritarian, autocratic and unaccountable (colonial) governor to an imperial, all knowing, all powerful and unaccountable president. The mechanism of public accountability across all spheres of national life are at best moribund and in many cases non-existent,” Prof Muigai said.

“Whereas it is difficult to say what the constitutional and political changes will be necessary, we can say with quite some degree of confidence what will not be necessary: the imperial presidency.”

Kenya’s first attorney-general, Mr  Charles Njonjo, the man who moved some of the constitutional amendments that empowered the presidency more, is now of the opinion that the office should be more democratic and less powerful.

“It should not be powerful. It should not have dictatorial powers,” Mr Njonjo told the Sunday Nation this week. “Decisions should be made by the Cabinet.”

The former AG and one-time Minister for Constitutional Affairs said that the re-introduction of the office of prime minister has come too late in the day and should have been established in 1968, when the then Nyeri MP Theuri Kiboi brought a Bill to Parliament seeking the same.

The Bill was shot down even as Mr Kiboi, in defeat, warned that resisting the introduction of a PM’s post would push the country to the brink in future, a prediction that appears to have come true this year.

“It’s a pity that it didn’t happen. It should have been passed,” Mr Njonjo said. “There were a lot of partisan interests and people were thinking about who was going to occupy the office.”

Former constitutional review commission secretary P.L.O. Lumumba said Kenyans should be decisive about what governance structures they want.

“We created a demigod of a presidency that went from the bedrooms to the dining rooms to everywhere,” said Dr  Lumumba.

“At some point, Kenyans thought that the president was infallible,” Dr Lumumba said. “What Kenyans said they wanted was an accountable, impeachable president who is subject to parliamentary oversight and judicial check.”

“What has happened now, the passage of the National National Accord and Reconciliation Act is a fire-fighting solution; a stop-gap measure,” he said. “The amendments have given us thinking time. We need a comprehensive review of the constitution and I hope that Kenyans will make a clear choice.”

The envisaged constitutional reform is expected to redefine the presidency, which was strengthened almost beyond reason through serial constitutional amendments passed between 1964 and 1997 and indications are a future presidency with reduced powers.

In the coming days, for instance, the President will appoint a Cabinet of historic proportions where half the members will come from the party that contested the elections with him just months ago. He will do so in consultation with the PM-designate, which is a historic first in the country.

Presidents Kenyatta and Moi made their appointments without any formal consultations. Usually, they made unilateral decisions, which were at times informed by their respective kitchen cabinets or the Intelligence network.

It was the same prerogative that President Kibaki used to sidestep the MoU that created Narc, swept Kanu out of power and ushered him into State House in 2002. Some observers now say that the discarded MoU subsequently created a political crisis for the President and gradually eroded his popularity in his first term.

The powers of the presidency have for the past 40 years been abused or used arrogantly or without regard to popular opinion even when it mattered the most.

The latest round of attacks on presidential powers came ahead of last year’s General Election, when President Kibaki unilaterally appointed nine electoral commissioners a month to the elections and at a time when leaders in the competing political camps had strongly expressed fears of rigging.

The critics had wanted parliamentary parties to nominate candidates to the commission to create a critical measure of confidence in the body that runs elections.

The appointments were seen to have been made in bad faith given that President Kibaki ignored the precedent set in 1997 when the then President Moi consulted with parliamentary political parties before making appointments to ECK even though the law does not require it.

For the most part though, Mr Moi had a field day exercising presidential powers in a way that was dramatic and at times bordering on the absurd. He would even hire and fire public officials in what came to be referred to as roadside declarations.

Following the 1997 elections, for instance, Mr Moi named his Cabinet but did not fill the vice-presidency. For the next 14 months, the country was without a vice- president. He reappointed Prof George Saitoti during at stop-over at roadside kiosks in Kinungi, Limuru, and did it in a fashion that shocked many. He said: Kama itaongeza sufuria za ugali wacha Saitoti aendelee. (If it increases the pots of maize meal, let Saitoti continue.)

President Kenyatta before him had treated Kenyans to a string of similar pronouncements and absurdities. He engineered the 15th amendment to the constitution, giving the president powers to pardon a person guilty of election offences.

The move to amend the constitution was touched off by the situation of the President’s former cell mate and friend Paul Ngei, who was found guilty of an offence that was to consign him  to political oblivion. After the amendment sailed through, President Kenyatta promptly pardoned his friend.

In his years in office, Mr Kenyatta was regarded with awe and viewed as larger-than-life. Mr Moi after him perfected the image. The two men would never entertain political dissent. President Kibaki’s decision on public appointments has equally attracted fury and resentment from critics.

Key appointments have especially attracted sharp criticism of the powers vested in the president, which before 1997 included the power to detain without trial and unilaterally declaring a state of emergency. The criticism of presidential powers has over the years become one of the key planks of the clamour for constitutional reforms that started in the late 1980s.

It had not always been this way. Before December 12, 1964, executive power was shared between the governor general and the premier. The position changed drastically on the same day that Kenya became a Republic and when the powers of the governor general, then the Head of State on delegation from the Queen of England, and those of the prime minister were rolled into one and vested in the presidency.

The Kenyatta government sponsored more Bills after 1964, which demolished regional governments and increasingly strengthened the presidency.

“They created a presidency that was almost a power unto itself; all powerful, all knowing and omnipresent,” Prof Muigai said. “Parliament dwindled in significance and the Judiciary timidly kept its distance from ‘political matters’, refusing to be involved in any attempt to control the executive.”

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