John Michuki on another 'Executive' Mandate

John Michuki is the Minister for Environment and a close ally of President Kibaki.

Today he was asked by some journalist about his opinion regarding Parliament's planned veto on presidential appointment. The Kenya Parliament is set to retract the appointment of Justice Aaron Ringera by President Kibaki.

Michuki's opinion was also sought on House Speaker Kenneth Marende's decision to allow such debate to take place.

This is what John Michuki had to say:

The executive should be left alone to carry out its mandate. It should be allowed to carry out its development programme without interference. It is on that basis that people will decide whether to send it (executive) home or give it further mandate.
Is Kibaki sight trained to beyond 2012?



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A Thought on Major Hussein Ali Replacement as Police Commissioner by Mathew Iteere

Kibaki has for once controlled the political agenda and debate in Kenya for over a month now. The media, other politicians (especially Parliament) and the Kenyan public is playing catching up. Mwai Kibaki is proving to be a marathoner and is tiring the patience of everyone else. He has kept his ODM "enemies" very close. He is actually having a field day. One wonders whether the Kenyan courts or parliament aka Kenneth Marende will really manage to spoil the party.

For the last month it has all been about Justice AaronRingera and Major Hussein Ali. The former police commissioner has since been replaced by Mathew Iteere. Major Hussein Ali is now the Postmaster General. This change is ostensibly meant to pave way for the much touted police reforms. Whether there will actually be satisfactory police reforms is another matter altogether.

As calls flooded FM stations, where Kenyans vent and lust, one comment summed up the whole debate for me, "Kenya has not done much with the change of guard at Kenya police, we have just been made to exit the gents and enter the ladies!"



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David Makali: Ringera, why are you clinging to this job?

I have come to the conclusion that the biggest obstacle to just governance and the rule of law in Kenya today is squarely one of a dishonest President. In almost every social and political crisis that has befallen us since 2003, ineffectual leadership and mischief motivated by political expediency is self-evident.

And the stalemate over the illegal re-appointment of Justice Aaron Ringera and his cast of pretenders to office is but the latest example. It recalls the circus that the country was taken through by Samuel Kivuitu's discredited Electoral Commission, and the fallout in the Narc government after 2002 elections.

In the case of the ECK, the President invoked his imperial executive powers to appoint commissioners contrary to established tradition and a standing gentleman's agreement he had benefited from. The straight inference was that he had appointed commissioners to serve his interests. And no measure of public protests could drive sense either into the President or the beneficiaries.

The consequence was that the ECK lost its credibility way before going into the elections and set the stage for political conflict. Come the elections and the ECK's general conduct only vindicated those who believed it had been conscripted in an ulterior scheme to return a particular result.

The chaos was predictable. Yet, despite driving the country to the brink of civil war, none of the disgraced commissioners felt conscientious enough to resign. They took a bleeding country through the court to defend their bloody contracts and terms of service and extract their dues without a sense of responsibility. I hear they were all paid over Sh20 million each!

Now flip to Ringera & Co; another bunch of people we have all along believed to be decent and honourable enough to obey the law. But now they are sitting tight as controversy rages about the circumstances of their appointment. I ask, do these people have any conscience? I must remind them that the English verb "re-sign" was coined precisely for circumstances such as they find themselves in.

By refusing to resign — or in this case insisting on taking up their illegal appointments — they have proved themselves to be not just morally bankrupt but accomplices in breaking the law, which is in itself a bad statement on their competence and integrity.

No, it is not a matter of different interpretation of the law. Nor can they take refuge in the fact that they have only been appointed and the person answerable is the President. They are accountable to the people of Kenya because they are the direct beneficiaries of an action which has been shown to be clearly mischievous, fraudulent and illegal.

icy cannot pretend that they have been appointed against their will, because they lobbied for those jobs. They cannot pretend that something disastrous will befall the country if they are not in those offices. This country has more than enough qualified people of high integrity who can perform those duties, if not better.

Because of your studious silence, we must begin to speculate about why you have been appointed in such a manner. We must begin to wonder what considerations have exchanged hands or pledges have been made to the appointing authorities.

We have to wonder whether your conduct has anything to do with the contents of the book "It Is Our Time To Eat". We must ask what it is you have been doing the last five years that you are scared of leaving office, or why President Kibaki feels he needs you in the office five more years when no one else has said so. Not Parliament. Not the Advisory Board.

We must ask why you are so desperate to keep these jobs, despite your high qualifications. This country specialises in obfuscation of facts to suit partisan interests and political expediency. But in your case, the illegality of your backdoor appointment and the dishonesty of your acceptance, is daylight fraud and breach of procedure. It reeks of political corruption, the kind you are charged with investigating.

'The arguments advanced in your favour by political sycophants cannot reverse the precedent set by the re-appointment of your colleague, Dr John Mutonyi. Your continuing occupation of those offices is insulting to the intelligence of Kenyans and a scar on your own character, integrity and social standing.

We look up to you to resign, step down or reject the appointments.

David Makali is a media consultant.



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Corridors of Power Political Gossip

An aspirant in the Bomachoge by-elections, who was in the habit of dishing out free meals at his restaurant during the campaigns and was finally forced to shut the business, now feels cheated. The unsuccessful aspirant was overheard telling his friends at a restaurant on Chaka Road in Nairobi that some of his perceived supporters had the audacity to tell him to continue dishing out free food up to 2012 as a strategy to unseat the new MP-elect Simon Ogari.

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Corridor is wondering what is wrong with Prime Minister Raila Odinga's orderlies. On Wednesday night they beat up a KTN cameraman and blocked him from taking photographs at a bash in honour of the visiting Tanzanian Prime Minister. And on Tuesday, a top member of Raila's security manhandled other Cabinet minister's bodyguards at Orange House.

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We hear the National Security Intelligence Service (NSIS) advised President Kibaki that KACC director Aaron Ringera should not be reappointed on grounds that the public mood was against it. Instead, a little bird whispered to us, the President chose to listen to his political arm of ministers Mutula Kilonzo, Kiraitu Murungi and his special adviser Nick Wanjohi. We are now told the NSIS has advised that Ringera should not take up his position as a way of resolving the Parliament-Executive impasse.

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Do you remember the story of the jailer intimidating inmates at Kamiti Prison? We are told the jailer is using prisoners to construct a beach home at the Coast using excess funds requisitioned from the Consolidated Fund to repair prisons.



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Wycliffe Muga: Ringera's job isn't about graft war

For a while, it seemed we were headed for quiet times. The Shinyalu and Bomachoge by-elections had been peacefully concluded. And the controversy over the proposed Mau evictions was at last heading towards a humane resolution.

But instead, political temperatures have risen. And this time it is over the reappointment of Justice Aaron Ringera as the Director-General of the Kenya Anti-Corruption Commission.

Judging by what newspaper readers and TV viewers have to say, it seems a majority are outraged at this decision. Justice Ringera is widely considered to have failed to deliver, and many want to see his quick exit.

I think a lot of this anger is misplaced. I would say Justice Ringera should be allowed to keep his job, provided only that he goes further than the KACC's advisory board on the pro-posed salary reduction.

The proposed reduction of the director general's salary by 35 per cent does not go far enough.

What Ringera should do is accept a pay cut of 75 per cent, and then cling to his appointment letter, having made it clear he is not in it for the money. He would still be left with some Sh625,000 a month, which is still a huge salary for a purely ceremonial job.

The point which most critics seem to ignore is that Ringera's position has little to do with fighting corruption. This director-general-ship, like the other grand title in this field, The Permanent Secretary for Governance and Ethics — held briefly by the fabled John Githongo — is part of the elaborate window-dressing the government set up a few years ago to appease the donors by suggesting something was being done about corruption.

Which is not to say that anybody is actually fooled by this eyewash. But rather that it provides something that can be mentioned in speeches when the government is defending itself from accusations of not being serious about corruption. And the proof that this is the case was provided by Ringera himself, when he spoke on numerous occasions of the lack of teeth which faced the KACC, and how his commission was helpless to use the evidence they had of economic crimes, since he had no powers of prosecution.

John Githongo likewise, after realising that he was getting nowhere, unilaterally changed his job description from that of adviser to His Excellency the President on Ethics and Governance to that of a spy-at-large. In this new role, he recorded private discussions which would later enable him to betray friend and colleagues who were foolish enough to speak plainly, because they trusted him.

I once knew someone who held a senior appointment at one of our diplomatic missions abroad, and was congratulating him on having scaled the heights of diplomatic service, when he told me that there really wasn't that much to it. Most of what he did was just to hang out, he said.

And Justice Ringera's job is really no different. He basically just hangs out. And those naive enough to be taken in by the elaborate pretense that this job has something to do with fighting corruption have only themselves to blame if they find that nothing of that kind is happening.

Mind you, these positions which allow the holder to hang out for a period of some three very pleasant years or so are among the most sought after in the whole country. And any politician of stature will have a whole troop of hangers-on determined to somehow get to hang out at taxpayers' expense for the next three years. Some manage this by getting diplomatic postings to non-crucial friendly states. Others get to serve on commissions of inquiry of one kind or another.

There was a time when even the CEOs of state corporations were appointed mostly from the ranks of such hangers-on. But that is not so frequent these days of performance contracts. In addition, boards of directors have learned to assert them-selves, just as the advisory board of the KACC is now doing in opposing the presidential appointment.

How far they will get with this defiance remains to be seen. But the outcome actually does not matter, once you realise this position is of no real significance, and that it hardly matters at all who holds it.

If Justice Ringera will agree to a 75 per cent pay-cut just to assure us that personal greed is not what drives him he should be allowed to keep his job.

Wycliffe Muga comments on topical issues.



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Pheroze Nowrojee: Youthful Tribalists are not the Future

So, we are seeing tribal leaders again. They voice tribal deprivation and tribal injustice in a flash. There is famine in the country and drought across the land. But all they shout about is that they are being painted as 'thieves'. In place of prayers for the national problem, they call prayers for the tribal grievance. In another flash, they give up being members of the National Assembly and become hardworking members of their self-summoned tribal assembly.

This is a return to the politics of the past. Those dark days proved to be so damaging to Kenya and all its peoples that we needed the world to sit us up again. The damage is visible also to the very peoples for whose benefit governments practised tribalism over the past 20 years. For tribalism is not bad when it is practised for the benefit of one tribe, and good when for another.

Tribal politics damage every part of the nation, no matter for whose apparent benefit they have been practised. We have seen that the tribal politics of Kenyatta, Moi and the first Kibaki government divided Kenyans, created the third most unequal country in the world, and unleashed oppression, corruption and illegalities that resulted in our election chaos of 2007. That is the experience we all know. We cannot stop such politicians. But there is something we can do.

We can reject them. And deny them respect, or vote. We have to heed that experience, so we have the strength to reject the tribal appeals and 'leadership' which we find so difficult to resist even while we know they are wrong.

The politics of tribalism is the use of money and coercion to hate others, so that a few individuals keep power and enlarge their wealth. No nation can be built on such sand.

To keep tribal politicking 'attractive', fresh branding campaigns are launched from time to time.

The latest repackaging has a very bright sticker on the product: "With New Youth(ful) Leaders". This is also being put on the shelves as the Politics of Youth, so youth can buy it directly also.

The political salesmen are 'youthful'. The political product is Methuselahan. Tribal politics is not the politics of youth. It is the politics of Moi, Kenyatta and the colonial British. That is why
when the going gets tough, the young tough get going to visit certain old men.

Youthful tribalists say they are the new model of youth leadership. We all still hold up Nelson Mandela as the model for ourselves and our Continent. I have not noticed lately that he is a youth. I thought the beliefs, consistency and actions of Mandela were a better test than age. So too, we must choose our youth leaders more carefully, and on their service and consistency. Youthful tribalists are not the future.

If we follow the youth who studied in YK92 and in late-Kanu, they can lead us in no other way. They do not know any way other than tribalism. Their 'leadership' is but old wine in new bottles. There is a further reason to reject such 'leaders'.

Tribalism is dysfunctional. Tribalists cannot implement a constitution of ideas. Nor can a mix of national welfare and tribalism bring us success. There is no such theory of constitution or good government premised on ethnic domination.

Tribal primacy cannot make Kenya a functioning nation. To make Kenya develop, we need functioning laws, commerce and social justice. We need them implemented and practiced all the time, to pull Kenya back from our retrograde past.

The oaths of office these 'leaders' take are to constitutional supremacy. Their actions are for the supremacy of their own tribe. This is a basic conflict.

When MPs swear loyalty to the Constitution, they are swearing loyalty to concepts of freedom, equity and law. But when (as they are doing) they transfer their loyalty from those concepts and donate it instead to a tribe, then intellectual schizophrenia sets in.

We cannot subscribe to national ideals and simultaneously to ethnic hegemony. They are incompatible. To do so brings the nation to a standstill. Exactly as happened in 2005 and 2007.

We must learn from our history or it will keep teaching us the same painful lesson of 2007. We have to deny support to leaders who offer the easy politics of ethnicity and give support to those who work at the more difficult politics of delivery, regardless of their ethnic group.

The writer is a lawyer based in Nairobi.



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Nairobi Star Political Gossip

Kenyan athletes known to revel in sipping 'mursik' (Kalenjin traditional sour milk) to celebrate at the end of a successful race were disappointed when German-authorities refused to allow the gourds containing the milk into their country! Unable to meet the cost of having it destroyed in Germany, the Kenya sporting authorities organised to have the milk airlifted back home.

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The brother of former Information minister Mutahi Kagwe is being wooed to unseat Kieni MP Nemesyus Warugongo. Dan Kagwe, a business-man in Uganda is said to have already bought a big chunk of land near the Ark Hotel in Kieni East district in readiness for making his political debut.

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Was Justice and Constitutional Affairs minister Mutula Kilonzo kept in the dark in the reappointment of Aaron Ringera as KACC boss? We hear Mutula was taken by surprise when Kibaki made the announcement. Mutula was in the process of engaging the KACC board to come up with transparent process. The affable minister has since been avoiding calls especially from journalists.

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We hear that a returning officer in one of the two constituencies which had a by-election behaved himself so exemplary that a commissioner at the NEC called him to warn him against granting interviews to journalists and observers. The commissioner was not amused that the returning officer was 'stealing the show' from the IIEC

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We are told that Committee of Experts vice chair Atsango Chesoni's comments that the commission will not be cowed "no matter how much money they offer us in secret little meetings" should not be treated lightly — even though Atsango was speaking in a light hearted manner. So, are there people seeking to compromise the commissioners?

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MPs will now be provided with job cards to identify themselves when accessing-Parliament Buildings. The decision follows frequent embarrassment caused to the legislators by guards from the Sergeant-at-Arms office who recently manhandled one of the lesser known MPs from Eastern Province. Some of the MPs have said it would be easier to relegate the ignorant and arrogant security officers who are not trained in handling VIPs.

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A top-level member of the Pentagon who campaigned vigorously for ODM has been overheard telling friends at a restaurant in the Hotel Intercontinental that he would have been in Kamiti if Prime Minister Raila Odinga had won the 2007 presidential elections. The man said recent developments in the party would have seen him thrown in jail by now!

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The GSU officers guarding VIPs who live at the headquarters in Nairobi are protesting a move by deputy commanding officer Job Buroyo to move them from their current houses at the Drive In Estate to the headquarters. The 200 or so families are concerned that they will be leaving their spacious homes for cramped houses at the headquarters.

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Internal Security minister George Saitoti has been meeting with National Heritage minister William ole Ntimama to ask him to rally the Maasai MPs to support his presidential bid in 2012. We are told Ntimama gave Saitoti one condition — he must remain firm in supporting the eviction of settlers from the Mau Complex to win that support.



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