News updates - Wednesday 13 Feb

James Kanyotu, a former special branch intelligence chief who was adversely mentioned in the Goldenberg Commission of partnering with Kamlesh Pattni of defrauding the government died at Nairobi Hospital of a long illness. Kanyotu was fired in the early 90s by the then President Moi.

Koffi Annan states that his grand coalition statements yesterday at Parliament was misunderstood by the Kenya Government side. The issue was sorted out this morning during the mediation talks held outside Nairobi.

Annan and his team are rumoured to be holed up at Tsavo National Park.

Nation TV yesterday disclosed the rot and deplorable conditions at Kenyatta National Hospital where patients are unattended, sleeping on the floor, food is served based on the tribe of the patient etc. Kenya does not currently have a Minister of Health, something that has created a gap in Health Ministry operations.



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Jaindi Kisero on power-sharing

Though potentially messy, coalition the only way out

ON THE FACE OF IT, A grand coalition of parties does not appeal. Cautious voices have warned that we are likely to end up with an adhocracy in Parliament – a messy arrangement where the distinction between the opposition and the Government will be blurred, and where oversight institutions of the House will find it difficult to function.

Yet in our present circumstances, and in a context where politics is played along ethnic lines, only an arrangement that allows all the major interest groups to share power according to an agreed formula has a chance of healing the country.

We cannot just cling to the adversarial system of governance as though it was dogma, when the alternative is hundreds of people dead, thousands displaced, and a looming economic crisis.

In ethnically divided Kenya, staying in the opposition implies permanent exclusion of members of some communities from public positions, including those of permanent secretaries, directors of parastatals, and top positions in the disciplined forces, especially the military.

It can also imply that the regions of the ethnic communities sitting in the opposition benches are starved of resources, while the communities “in government” continue to hog the lion’s share of resources and public positions.

In this country, the State is still the most important source of investment and national employment. This is why it is so difficult to persuade people to sit in the opposition benches or to convince them that it is worth their while to play their watchdog role of taking seriously the leadership of the oversight committees of the House.

Sitting in the opposition is also disadvantageous because of the risk of losing your members to the Government side through co-option.

The Big Man will be dangling the carrot of public appointments, lucrative contracts to insiders, new districts for your region, and a university for your province.

And before you know it, the opposition will have been reduced to a one-ethnic-group affair, and its members will be dismissed as bad-tempered and eccentric individuals with neither influence nor clout – very much in the vein of the small group of radicals that former power man Charles Njonjo used to refer to as the “seven bearded sisters”.

What is my point? It is that at the stage we are in at the moment, a well-crafted power-sharing formula will send strong signals to the citizenry.

This might be the only way to demonstrate to the various ethnic communities in this country that their political leaders are now prepared to reunite and heal the country.

IT IS TIME OUR LEADERS DEMONstrated a capacity to change and learn from past experience. If we are to get the nation’s adrenaline going again, we must end the era of stiff-necks, frozen postures and unbending minds.

If there was a time we needed leadership, it is now. Leaders must emerge, from both sides of the political divide, who avoid inflammatory speeches, who can restrain the tempers of their ethnic followers, and who are willing to make compromises with their adversaries.

This country badly needs a leader to hold the country together and replenish its self-confidence – a healer to treat the political as well as economic wounds inflicted on its citizens, and a pilot to guide the nation onward to a modern state where citizens will prefer to relate to one another as compatriots instead of as kinsmen.

And, as we address power-sharing, we must also address radical reforms of the civil service. All those politically-appointed permanent secretaries who have reached retirement age should step aside to leave space for de-motivated career civil servants who have marked time in public service for years, hoping against hope that they will one day rise to the top.

Today, you can count with a few fingers the number of permanent secretaries who have risen through the ranks to occupy this coveted post.

We will need to introduce measures to strengthen the Public Service Commission, the official employer for the Government.

On paper, the commission has very transparent systems of recruiting people in the civil service. In 2005, it published new regulations spelling out detailed procedures for recruitment and tightening up the qualifications needed for each position.

Under the new rules, all positions have to be advertised, even when internal promotions are being considered. They include an appeals mechanism, as well as an obligation to ensure regional balance in employment.

But in reality, the rules are honoured more in breach than in practice. The appeals mechanism has not worked. In view of the fact that perceived discrimination in civil service appointments has become a highly-charged political issue, there is a strong case to raise the profile and autonomy of the Public Service Commission.

The Cabinet has also proved to be too large and unwieldy. There is a strong case for reducing the number of ministries by redefining roles and reducing responsibility to a few core functions.

www.nationmedia.com




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Macharia Gaitho on power-sharing

What kind of power-sharing are they talking about?

WE HAVE BEEN GETTING a lot of hype in the past few days about an imminent breakthrough in the talks trying to negotiate a way out of Kenya’s political crisis.

But it seems to me that a lot of what we are hearing is based either on mere speculation or selective leaks by one or other of the parties involved in the power struggle.

So far, a lot seems to be pointing to agreement on a sort of power-sharing arrangement.

But there clearly is no agreement yet. So far what we have is only an acknowledgement by both sides that there is a serious problem which can only be fixed by a political settlement.

Accepting the principle of power-sharing or a joint interim administration is quite some distance removed from an actual agreement.

In any case, details on what shape such an administration would take differ wildly depending on which side is being generous with leaks about what is being discussed behind closed doors.

There is clearly a lot of hard bargaining ahead, but it is at least a step forward that both sides seem to be relaxing their initial intransigent positions and edging towards meeting halfway.

All along the public position taken by the Government has been that President Kibaki won the election fairly and that the opposition reacted to electoral loss with a campaign of violence.

Therefore, in the Government’s view, the only thing worth talking about was the opposition calling an end to the violence and seeking redress in an election petition court.

The opposition, however, has been adamant that its candidate, Mr Raila Odinga was the real victor in the presidential elections.

They have been insisting that President Kibaki was not the winner and therefore should resign to pave the way for a fresh election.

Talk about a softening of positions is a clear sign that both sides recognise the urgent need for a political solution.

The power-sharing option looks like the best option, but such an arrangement can only be of a temporary nature to create room for comprehensive constitutional reforms pending fresh elections.

It should never be, as is being suggested in some quarters, simply to provide “jobs for the boys”.

Creating the post of Prime Minister for Mr Odinga and admitting some of his party MPs in a unitary government is one thing.

Simply creating room, also, for the opposition to appoint its own nominees to senior civil service and parastatal positions is quite another.

What we should be looking towards is creating a strictly apolitical and professional civil service, not one staffed by relatives, friends, political supporters, hangers-on and cronies of either President Kibaki and Mr Odinga.

A POWER-SHARING SYSTEM IN which the principal participants are deeply suspicious of each other is difficult enough to manage.

It would be even more difficult when the policy implementation arm of Government, the civil service, is divided down the middle with key officials loyal to different political camps.

It also follows that where the country is under such a temporary administration, the public service should assume a far greater role in actually running the country than under ordinary circumstances, while the political leadership busies itself with other matters.

Any settlement based on power-sharing should therefore come with radical reform and overhaul to create a strong and very independent public service that is completely insulated from political influence.

This obviously should start with resignation of all permanent secretaries and other presidential appointments to make room for fresh recruitment by an independent and apolitical Public Service Commission, complete with parliamentary oversight and vetting.

Here, the focus should be on strengthening the relevant boards and commissions, getting rid of existing political appointees, and putting in place mechanisms to ensure that merit — in terms of qualifications, experience and diversity — always takes precedence over politics.

Of course, all these concerns about the public service would be academic in the absence of a political settlement.

That settlement hinges on President Kibaki accepting that he probably did not win the elections, and Mr Odinga accepting that he probably did not win either.

In other words, none of the two has a legitimate and cast-iron claim to the presidency, and so the only solution is another election.

Of course, an election cannot take place until there is an adequate cooling-off period, peace is restored, and the necessary constitutional and administrative reforms are enacted.

Any such reforms must obviously be worked on jointly by both sides, and hence the rationale for the power-sharing formula.

Looked at rationally, however, it is really not about sharing power; it is not about sharing the spoils or eating together.

It is about sharing responsibility in an interim administration whose main function would be to push through the reforms vital towards creating an environment for fresh elections under a system that will not again lead this country into the path of death and destruction.


www.nationmedia.com



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KIbaki's PNU turn around

"We did not agree on a grand coalition followed by fresh elections in two years"

That is PNU's message to Annan following the speaker's Kamukunji where Annan told MPs of a coalition between ODM and PNU to oversee constitution and electoral reforms and arrange for a General Election in two year's time. This proposition concurred with ODM's demand of a re-run only that ODM wanted it in six months' time.

Martha Karua has written to Annan decrying the way Annan made the announcement before the mediation team agreed on a political solution. PNU MPs had a briefing with the president at Harambee house immediately after the speaker's Kamukunji and thereafter held a meeting at county hall where Danson Mungatana acted as their spokesman to reiterate their hardline position.

For Kenyans it is not yet over, the hard-line positions are back! Brace for more exchanges in the coming days and a possible stalling of the mediation talks.



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Koffi Annan updates MPs

In an informal Parliament sitting called the Speaker's Kamukunji, Koffi Annan and his team had the opportunity to update MPs on the developments of the mediation.

Key issues fronted:

  1. Resolution of the political crisis may need the formation of a Grand Coalition
  2. Independent review committee to review issues leading to the announcement of the results of the General Election
  3. MPs asked to travel to their constituencies to preach peace and reconciliation.
  4. MPs to ready themselves to urgently carry out institutional, constitutional and legal reforms to help resolve the current political crisis, possibly in preparation of fresh elections within two years
The Annan team inclusive of ODM and PNU representatives is expected to travel to an undisclosed location to iron out the finer details of the Government of National Unity. Annan has predicted that this will take between 48 to 72 hours. During this team all media houses have been requested to give a news blackout to the mediation talks awaiting a formal announcement of the agreement by Annan. MPs and political party leaders have been asked not to comment on anything on the negotiation table during this time.



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Esther Passaris quits Adopt to be Nairobi Mayor

The race for mayoral seats heats up following Local Government Minister, Uhuru Kenyatta's announcement that the mayoral election will be held on Feb 22.

In Mombasa, there are sharp divisions between ODM councillors aligned to Mvita member of parliament Najib Balala and those of his Kisauni counterpart Hassan Joho.

In Nairobi, it is expected that an ODM councillor will be elected mayor. Elected ODM councillors have already settled for Baba Dogo councillor Godfrey Majiwa for the seat. Esther Passaris has thrown her hat into the ring after an expected nomination by ODM as a Nairobi Councillor. She has blessings from top echelons of the ODM movement and elected councillors are expected to be asked to step down in favour of her.

Following the promise, Esther Passaris has conveniently quit her Adopt-a-Light Managing Director post and appointed Naomi Cidy as Adopt-a-Light MD. Naomi is a former Kenya Airport Authority deputy MD who was sacked following the Artur Magrayan saga at the airport in 2006.

Adopt-A-Light has had good record in Nairobi street, public parks and slum floodlighting within Nairobi. Last year, Adopt-A-Light was embroiled in a tussle with fiery City Hall clerk, John Gakuo,, when the clerk advertised a tender for street lighting. Adopt-A-Light had enjoyed street lighting monopoly for over five years. Adopt-A-Light company had exclusive rights to advertise on all city streets without giving any revenue to the council. The council was supposed to foot all Kenya Power and Lighting bills relating to street advertising. The contract which was supposed to run for five years starting in 2002 April was to be renewed automatically something that John Gakuo was opposed to.

Esther, whose father was Greek and mother a Kikuyu, last year, launched a poverty eradication campaign, www.oneinamillion.co.ke under her "Driving Kenya Foundation" now to be headed by Maina Kariuki. The aim of her campaign was to get one million Kenyans to pledge Shs 100 a month to help the poor.

It will be interesting to see how Esther Passaris will work with John Gakuo, ultimately one will have to pave way for the other.



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Kenya - power sharing? HELL NO!

History is repeating itself in Kenya. After a disputed elections on December 27 2007, a disputed presidency and a month-long crisis, violence, ethnic evictions and economy grinding to a halt, the Annan-led mediation team is finally prescribing a political solution to a political problem - a power sharing agreement between Kibaki and Raila.

To many Kenyans, this will be a Ripleys Believe it or Not scenario. Many remember with a bitter taste the pre-negotiated MOU between Raila and Kibaki in the run-up to the 2002 general elections which Kibaki trashed after he secured the presidency. The summit, a conglomeration of community elders and Narc thinkers was destroyed as its wings were clipped. They are at it again! By the end of the week, the fate of Kenya's leadership crisis will be more clearer than before.

What has become clear to many over the last several weeks is that the Kenyan crisis is not predominantly a political problem. The "unfair" loss of the ODM party was just a catalyst of a chain of events that were bound to happen anyway. It was a fissure through which a fiery volcano found its angry expression of the bottled up inequalities and perceived egoistic domination, political alienation and financial marginalisation. It was a social problem that needs to be adequately handled by all Kenyans.

Already, a sizeable number of the Internally Displaced People, IDPs have expressed concerns about returning back to their land where they were forcefully evicted. Many want to go back to their ancestral lands. Is this the justice to be meted to them? If they return back to their farms and property what needs to be done to the psyches of those lovely neighbours turned enemies who forcefully evicted them? Joint rallies between Kibaki and Raila will not do it. It is a guarantee that in Rift Valley where many have been evicted, Ruto and Raila will be cheered and Kibaki will be jeered.

Annan and his team, need to do more on this issue. If it is a truth and reconciliation commission or a land commission to address historical injustices, the time to do it is now, before leaving the mediation table. What about the justice of the over 1,000 Kenyans who were murdered? Is it not a capital offence with prescribed convictions? Sadly, soon, this will be bloody water under the bridge, courtesy of a power-sharing agreement negotiated by a team of three eminent Africans.

By agreeing to share power and choosing to bury the falsehoods and truths of the December 2007 general elections, the leading protagonists will yet again be betraying the wish of Kenyans and the course of justice. They will be whitewashing a stain in our history that will make the cloth rot with time. It was very important that whatever happened during the voting and tallying process be brought to the fore and conclusively dealt with.

Failure by the mediation team to resolve and establish the correctness of ODM and PNU rigging assertions should not have been the end. It should have been taken further, for example, to the level of establishing a judicial commission of inquiry headed by eminent African jurists, now that Kenyans have no confidence with fellow Kenyans of judicial conviction. If anything, to satisfy Kenyans thirst for truth and justice, the least to set the records straight. The panel of eminent African persons should not bury their heads in the sand on this one.

For all purposes, a reincarnate MOU will be counter-productive. It may achieve a resemblance of peace, a fake calmness but the fears and suspicions will linger within Kenyans much more as they will be with Kibaki and Raila. If Raila won fairly and square, Annan should let him be. If Kibaki, so be it. Otherwise it will be another five years of power struggle and domination shenanigan, Raila and Kibaki each trying to prove who is most powerful of the two.

It will be a reminiscence of the 2003, 04 and 05 years where the government pulled within and without not withstanding the clash of political ideological differences and disconnect of economy philosophies that will be played out in the media and in the public gallery. In other words, it will be a miracle to have the two work together for the good of Kenya.

Annan should do better.



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