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Thursday, April 24, 2008

Raila, Kalonzo Rivalry Emerges at Peace Rally in North Rift

What ails the NSIS?

Kibaki and Raila start Peace Mission in Rift Valley


Those following Citizen TV's live transmission pictures of today's peace rallies in North Rift at Eldoret's Keino Stadium must have been amused to see Raila officially invite the president to address the gathering only for VP Kalonzo to rush to the microphones, briefly addressed the gathering before inviting the president.

Not only does this minor incident show a disorganised presidential programme but also gives IDPs little encouragement to reconcile with their own former neighbours. It is also a prelude of an interesting Kibaki succession battle.

Matters were not made better when the mammoth crowd spent the better part of time cheering ODM ministers. At one point, the crowd shouted to Agriculture Minister William Ruto to allow Lands Minister James Orengo to address the gathering, only for him to be denied the chance at the behest of presidential protocol officials. Indeed, land is the major sticking point of all Kenya's problems and Orengo is going to be a man with a lot of work in his hands in the future.

Earlier, the president, PM Raila and their ministers had toured the Eldoret IDP camp and said: "We do not want you people to continue living here and suffering, we will solve this problem very soon. We are here as leaders. ... We can solve all the problems in order for peace to exist."

As at the time of posting this, the presidential entourage were addressing a peace rally in Cherangani and Raila, speaking after Kalonzo, has officially welcomed the president to address the rally. Kibaki has now taken upon himself to invite James Orengo to say jambo to the public amidst thunderous applause from Cherangani residents.

65 comments:

Phil said...

I have deliverately failed to mention that both Kalonzo and Saitoti were booed / jeered by the IDPs in Eldoret. PNU Special Programmes minister was however not shown any hostility. These side shows speak volumes!

However, as a man who wants to see peace return to our beloved country, including this very Kumekucha forum, I will avoid reporting the negative aspects publicly connected and involving the PNU coalition side, if I can help it.

As an ODM supporter, I will not fail to highlight the positive side of my party. After all, we are a multi-party democracy and ODM aspires to refrom this country.

Tomorrows programme takes the President, the PM and their ministers to Kuresoi and Molo. Lets hope it will be more organised and protocol will be followed. This is an ODM/PNU matter. I am afraid Kalonzo's childish antics of attempting to play politics at curcial rallies as these only makes matters more difficult for those trying to regain peace and harmony.

Anonymous said...

Phil thanks for the update. For once you have admitted your biasness and preference for ODM. This is what it should. But am dumbfounded by your cheering of Kalonzo and Raila - rather than mourn. Mourn for Kenya and for IDPs. Does it matter who invites the president provided we resettle the IDPs? Officially kalooser is deputy. Rao also needs to make sure he does not inherit a shell of presidency in 2012. Otherwise a good start.

Chicity said...

Hey Phil,

Thanks for the updates.

Blogger said...

Phil, I think its obvious from the sentiments of the crowds that Raila is indeed the peoples president. I know Salim Lone is a frequent reader and contributor to this blog. Please Lone, tell RAO to quit subordinating himself to Kibaki. What is this ridiculous idea of trying to prove that he’s the no.2 and not Judas Kaloozer, even going to the extreme of being the one to introduce the senile Thief in Chief in public gatherings?? So this is it, ha, folks? Raila is no. 2? I know RAO had the best intentions for us, going into this marriage to save us from the murderous Mungiki savages. But still, I thot we are EQUAL partners in a coalition. I couldn’t believe it when Raila went out of his way to SWEAR ALLEGIANCE to Kibaki despite the fact that his authority is derived directly from the constitution. Am I dreaming or are Alfred Mutua, Francis Muthaura, Maj. Hussein Ali and other principal schemers in the electoral fraud still in office? Guess the next thing will be to allow Kivuitu and his team of thieves to stay put and even conduct by-elections, since after all a coalition is in place. For our sake, RAO, quit tagging Kibakis coat tails ! It doesn’t end for us with the premiership. Kenyans are still yearning for real change!! The grand reception for Orengo is quite telling…

Anonymous said...

Precisely Phil, keep them coming

Ivy

Daniel Waweru said...

couldn’t believe it when Raila went out of his way to SWEAR ALLEGIANCE to Kibaki despite the fact that his authority is derived directly from the constitution.

Section 23(i) of the Constitution:

"23. (1) The executive authority of the Government of Kenya shall vest in the President and, subject to this Constitution, may be exercised by him either directly or through officers subordinate to him."

Raila may have made a smart move in swearing allegiance to the President, if, as it seems, the executive power of GoK is vested in the President.

Anonymous said...

Chris, just read your masaai stories…and man you have what I call 'superior writing talent'. Keep it up brother.

Anonymous said...

Poor Judas Musyoka, it's not easy being Mr. Irrelevant. He reminds me a short, loud guy at party.

Anonymous said...

Raila should stop tagging along with Kibaki. Yes we want peace to prevail, but the office of the PM and President are two separate entities, why is RAO cozing up to Kibaki, thief-in-chief?

Taabu said...

Daniel Waweru you are such a poor student. Even if you have come across cross-referenceing for the first time do you have to abuse it? Please spare our eyes the visual insult. Your obsession to quote is so nuseating it would make one miscarry. BTW you apparently quote to cover for the HOLLOWNESS.Please stop the embarassment and if it is a trait of continuing your dubbing antics you flopped.

Bw Waweru FYI you never add value to HOGWASH by attaching a pseudo intellectual brush to it. This is a blog and if you think anybody will mark your poor-written assignments please look for and pay a TA.

Mrembo said...

phil, you are allowed to tell us the good things about odm nobody will sue you.

thank you for the updates though.

Anonymous said...

Phil,

Whatever you say, the Kibaki succession games are on, *ring Raila and Kalonzo, for now. The explanation as to why Raila wants to be close to Kibaki is simple. To learn the ropes of presidency and to appeal to the central province crowd. The latter seems to inform his stance on the IDP issue, insisting on urgently addressing the IDP issue, even if there are some grumblings in Rift Valley (they want 'root' causes of the January mayhem addressed first). After last December's election, it is apparent to any serious presidential hopeful that gannering a majority support in Kenya requires bravery and hard work. Raila is just a fast learner, and he is hitting the ground running, with the eye on the prize, simple!.

JEFF

Andy Capp said...

Phil, I understand your reluctance in reporting divisive news…...but please do not be too cruel. I mean, please let us know every time Kalonzo is booed. This is one man who deserves to be laughed at everyday.

M-Pesa said...

I am in need of people to approve whether I should go ahead and expose what I have in my dossier about Marianne Briner, Sam Okello and Jeff Koinange. This is in regards to their sexual tryst.

Information that I have, secretly guarded, reveal that first, Marianne Briner was NOT raped by Jeff Koinange, it was a kinky session involving Blowjobs (oral sex) by Marianne Briner to Jeff and other JUICY details to be delivered to this blog once I get a good number of people wanting the same.

Sam Okello Vs. Marianne Briner is another hot tale!. The rivarly between Marianne Briner and Hellen Okello, wife of Sam Okello is directly related to the JUICY communication, some times late at night, between these two erstwhile friends cum (no pun intended) lovers.

All this material I will give you, right here at Kumekucha. Just show interest. Or rather, would you like me to post an email where you can send me a request and I will email the whole (23 pages) dossier? It reads like a Jackie Collins novel!

M-Pesa

Nbi Kenya!

Anonymous said...

TAABU,

Yes, Daniel Waweru's cross-referencing can make you miscarry especially if your mind is pregnant with tribalism and frustration. Since your education has failed to emancipate you, you should thank Waweru for trying to mid-wife you out of your village mind-set. Sometimes you sound so coarse and downmarket. At least, try to address the issues raised without indulging in your petty tribalism and name calling!!!

Anonymous said...

M-Pesa 9.05: I guess this is the dossier Sam Okello found on his doorsteps in the middle of the night some days ago?

tnk said...

Raila should stop carrying kibakis, pnu and kalonzos cross to RV or elsewhere.

If they were sincere, let them first as a sign of true partnership take RAO to central and eastern where he was repeatedly humiliated at their behest and offer him a public apology apology.

M-Pesa said...

anon @9.44; no this is not the dossier that Sam Okello found on his footsteps at the door while he was answering the phone at 3 am in the morning!

In his dossier, Sam Okello gleaned many lessons, among them is the fact that we should not cry in public since Raila spends time at night crying in his bedroom like an african luo witchdoctor. In the same dossier, we were to hold the hands of Raila as he valiantly led us through the dark tunnel since he and only he has nocturnal or night vision goggles or eyes. Raila emerged from the tunnnel with his 40 thieves; alas, the dark tunnel was just but a cave that only needed Raila's clarion call, this time it was not Kibaki Tosa but "OPEN SESAME" and the doors of Treasury Building opened and the PM office was found!

My dossier is not dealing with mundane issues of crying at night in the tunnels of the cave. Mine is about SEX. With the above mentioned people as prominent players.

Should I post an email?

M-Pesa

Nbi Kenya

Anonymous said...

Anon 8:25... "Raila should stop tagging along with Kibaki. Yes we want peace to prevail, but the office of the PM and President are two separate entities, why is RAO cozing up to Kibaki, thief-in-chief?"

I don’t think there is any love lost between these two (Raila & Kibaki). If you want peace like you said, then really you should applaud ‘em for the effort they have made so far. They are setting paradigm for everyone to follow and the paramount thing here is uniting the country and bring country back to life.

Even myself and Taabu there is no love lost or any hard feelings between us. Best of mates!

Kwale

Anonymous said...

Raila knows that the race for 2012 has began and is for now between him and Kalonzo. He has realized that the Kalenjins did not vote for him because they loved his leadership qualities, but because they had their hidden agenda - which turned out to be a murderous ethnic cleansing. Thus, he cannot count on them come 2012, plus continued association with such types can only continue to damage the nationalist (and pan-africanist) image he has so hard worked to create. He also knows that the GEMA vote will decide the election. Further, he knows that although this GEMA vote is currently tending towards Kalonzo, it is not a done deal. This is where I admire Raila for realizing that Kalonzo is taking the GEMA vote for granted. I still, however, believe the 2012 race is still Kalonzo's to lose, but I also foresee a situation where Raila could surprise Kalonzo by easily becoming an overnight hero of many Kikuyus if the resettlement were to succeed. I would advice RAO to continue to reach out to the GEMA without being seen as if he is bullying Kalonzo. In this game there are now permanent enemies, and the race sometimes goes to the swift.

Phil said...

TO YOU African fellow pretending to be m-pesa, kindly note the topic of this thread. I am urging you to post relevant comments.

We are honestly fed up with this MB/JK/SO circus.

Do not complain if your uncalled for comments are deleted.

FYI, I know who you are and can identify you through your other comments using the same IP address - shame on YOU!

Anonymous said...

Marianne Briner, aka, M-Pesa, I must say you're an irrelevance, especially on this blog and on Kenyan politics. Move on woman.

Anonymous said...

m-pesa

the issues as as follows

a) obviously you have some wierd form of decency otherwise you would have already published that content

b) if say someone very close to you regularly reads your blogs, (e.g church pastor, father, wife, mother, sister, daughter, son) or whoever you at least have some respect for, how do you think they would react to your request?

c) what do you hope to gain by publishing this information?

i couldn't care less about the saga involving these people but having answered yourself these and any other questions you may have you go ahead and post your rather juvenile and perverted info or move on to some other concerns. we are here because 30 million kenyans have issues with basic necessities and freedoms.

UrXlnc

M-Pesa said...

My handle has obviously been hijacked once again by a demented juvenile, oh dear, why me? How sad, never mind. Chris, can you please say something on this issue? I remember when you clocked one million hits you stated the location (South Africa) and IP address of the 'hit'.

Other Handles which have been hijacked of late include SAM Okello's and Derek's. Away from the moniker's theft, just to say I love Kibaki's striking potrait hanging on PM Raila's office wall. So much for people's president....DUH!

Anonymous said...

Anon 10:11 AM - don't blame Marianne Briner for everything when it comes to JK and SO. Both of these men have other enemies or are even joining hands now to tell their phantasies here or should I better say, their dreams about MB? Another question arises though, don't you have other and better things to do and think about than to imganine what and what not happened between these three people. Move on and leave MB, JK, SO and HO alone.

Anonymous said...

m-pesa 9:59 - I think you have disclosed your identity in telling us what the Sam Okello dossier includes. How do you know since it was never published yet? This leaves only one conclusion: Sam Okello is hiding under the false identy of m-pesa since the real M-Pesa has already told us that somebody has hijacked his name here. Only Sam Okello himself could inform us about the content of the 25 page dossier and only Sam Okello could have an interest to come out with this love-triangle-blow-job piece. How low can one man sink?

Anonymous said...

anon 10:52

good catch

"fake" m-pesa (or not)

writes

"....anon @9.44; no this is not the dossier that Sam Okello found on his footsteps at the door while he was answering the phone at 3 am in the morning!

In his dossier, Sam Okello gleaned many lessons,...."

is there any need to waste time on this saga, and just what or how does it benefit kenyans in their quest for better governance.

chris do us a favor and delete those comments or repost them to that other gossip column (udaku) for those who have the time for such bs

UrXlnc

tnk said...

chris, taabu, phil

I still ask you to follow up with RAO, Salim or other ODM secretariat bigwig

If Kibaki and Kalonzo are sincere partners, before they go on peace building to RV and elsewhere which is a more complicated task, why don't they start and demonstrate as a sign of true partnership by taking RAO to Central and Eastern province where he was repeatedly humiliated and ridiculed at their behest and offer him a public apology? Why is RAO being blind sided to this and lets have a schedule of events where Kibaki goes door to door with Raila in Central, starting with that karatina hotel and then moving to other areas in central and upper eastern before handing over to kalonzo for the remaining part of the eastern circuit. if they are truly genuine about partnership then they need to do this even before venturing to the very complicated issues of RV. lets see this so called goodwill first.

Anonymous said...

Mr Daniel Waweru,

U have quoted s 23, subsection 1. However, u have forgotten, or deliberately ommitted to quote s 23subsection 2.

s23(2) does provide that the parliament may confer such authority to someone else. That being the case, the recent laws did confer executive authority to the PM.

Anyway, I must say that I find extremely irrelevant the fixation of Kenyans with the issue of executive powers. In ma understanding of law, even ministers when they perfom their duties, they are exercising executive authority. Any one who peforms his or her duties in the executive branch has executive powers. Therefore, our fixation with executive power is in my judgment a terrible waste of our time.

Mwarang'ethe

Daniel Waweru said...

And you have forgotten, or deliberately misquoted the text of Section 23(2):

S. 23(2) "Nothing in this section shall prevent Parliament from conferring functions on persons or authorities other than the President."

Parliament may confer functions on persons authorities other than the president. Functions are not the same things as executive authority. So I can't see the argument that Parliament has the power to confer the executive authority of GoK on anyone other than the President.

chris said...

My fellow Kenyan brothers and sisters,

We have all seem to have missed a very important point here. There is something that strikes me as being very odd.

This Eldoret IDP camp, what tribe are the majority there?

And then amazingly what happened was that generally ODM MPs were cheered, (including Ruto) and PNU (Saitoti and the likes) were jeered. The crowd even demanded that James Orengo address them.

Aiii. Don't you find that strange guys? Even Raila got a better reception than President Kibaki.

I have tried to make a few phone calls but nobody seems to know anything.

Folks there may be a very big story here. I am investigating.

-Kumekucha-

Anonymous said...

chris

its not surprising at all. we all know the ordinary folks irrespective of ethnicity suffer the brunt of any injustices. the arrogant abrasives are usually wealthy through crooked means or just simply wannabes (pretenders). hunger just like drunkenness and death ultimately brings all humans from all social circles to just about the same level of hopeless despair, faith or personal integrity and inner strength, whatever your preferred chalice of poison.

those with some form of advantage (PNU) will try to impose themselves and take advantage of the vulnerable, while the voice of the people (ODM) tirelessly pursue all methods of healing and reconciliation.

UrXlnc

Anonymous said...

I looked at that picture and couldn't help myself and burst out laughing

http://www.nationmedia.com/dailynation/nmgcontententry.asp?category_id=1&newsid=121868

Sometime back there used to be a TV program the three stooges, but let me not go there because most of us hold at least one of the stooges in high esteem. For me RAO is the man. But back to my point, it appears that either all or at least one these three fellows are/is jostling for position, or the carpet is too small and needs to be expanded, or they need some basic lessons in walking without bunching up, or are all extremely scared fellows and huddling together, or .....

Some one help me out here, why are these people squeezing together like that, if I didn't know better I'd have thought its some kind of advanced three-legged race or something like that.

In future lets have three red carpets rolled out please, three of everything, dais, introductions, etc, we cant have three grown men jostling each other for position like that.

Anonymous said...

I LOVE KENYA.

At long last NOW the cut and the uncut Wazee,s are eating,eating Ugali together.

All Kihii need to make the appointment to see The prime minister just as the Mungiki,s did.

KENYA IS GOOD.

Anonymous said...

to add to 3:07 RAO should stop bunching up with MK and SKM and set his own agenda and schedule, ride in his own outfit whether large or small, arrive and leave at his leisure and stop to be seen jostling for vantage, he does not need it.

UrXlnc

Anonymous said...

To Daniel Waweru,

U are missing the big picture here. I have observed that executive authority is exercised by all ministers. I would even argue that the drafters of this section were misinformed on the meaning of executive powers.

Secondly, u have seen the word function, but u have missed the words OR AUTHORITIES. So, which authorities is that section referring to? Add since it is not defined, what would prevent the parliament from believing it can confer the so called executive authority?

Mwarang'ethe

Anonymous said...

Ouch

Just to be clear, I meant the first 3:07, and now am off to take a bath after side stepping the sewerage items carelessly spilled by the 2nd 3:07

UrXlnc

Anonymous said...

Mwarang'ethe

Post link to the entire article please so that as I cheer you and Waweru on, I have an idea where we are coming from and where we are headed.

Anonymous said...

To Daniel Waweru,

In fact, I may add this, u are forgetting some of the canons of interpretation of statutes/constitution. This is the way u ought to see these things:

1. s 23(1) refers to executive authority.
2. s23(2) is a derogation from the general statement of s23(1).
3. That being the case, s23 (2) can only derogate the powers conferred by s23(1). That being the case, then, s23(2) must be referring to the powers mentioned in s23(1) which are executive authority, otherwise, it would amount to waste of words, which we assume was not the intention of the drafters and the parliament.

Mwarang'ethe

Proud Kikuyu Woman said...

Daniel Waweru, unless you are like PKW and have the kind of attitude that'd keep you even when it's rather obvious that they are talking only to themselves, I'd suggest you keep it at Kenyaimagine or find some other place where you are not utterly wasting your intellect.

Here we are- the voiceless masses- celebrating the cheering and jeering of our duly elected leaders in majority Agikuyu IDP camps, then you come in quoting the constitution?

To the rest of our team, why didn't someone bother up-dating this? Who grabbed the mic from who? How were our duly elected leaders dressed today? Who is being driven in what sort of car?

Ssembonge said...

It certainly looks like Kenya got a grand comedy and not a grand coalition as we were promised.

I wonder how much the government will achieve with everyone jostling for power.

Good luck Kenyans.

Anonymous said...

Chris
As you said, I am yet to believe that the IDPs cheered ODM leaders and jeered PNU ones. The rally was at Kipchoge stadium and attended by the locals who are predominantly ODM supporters, the IDPs are in the ASK showground

The issue of IDPs is a grave matter and not a popularity contest between Raila and Kalonzo, They should be ashamed for displayed their stupid acts in public, they should wait for 2012. If this is how the grand coalition government to function we are going to have Narc squabbles for the next five years.

Anonymous said...

I am glad to see that Sam Okello has stopped to bother us here with his nonsense regarding Jeff Koinange and his own dreams of MB, now that he has been uncovered to again have been behind this. He may have answered the call by someone here to come out to defend Jeff like he did many times in the past already (remember, he told us that he knew that there was no sex involved between JK and MB in London and somebody asked if he was together with them in the same room to be able to make such a statement). Keep it up Sam. We don't need your nonsense here. And if you need publicity for your books, pay some advertisement somewhere else. But spare us. We will prevail. For the love of the country.

Anonymous said...

RIFT VALLEY HAS IT'S OWNERS SINCE AD AND THEY ARE CALLED THE KALEJINS FIRST THEN THE MASAI'S!!!!


Nilotic Migrations


Highland Nilotes


The Nilotes moved out of their original homeland which was to the West of Lake Turkana, between 10th and 14th centuries AD.

They moved in different directions and these consisted of the Kalenjin, the Maasai, the Turkana, the Iteso and the Luo. The first group which was made up of the Kalenjin, moved southwards into Kenya and this became the ancestors of the Kalenjin.

At about 1000 AD the pre-Kalenjin communities were occupying the Uasin Gishu plateau.

On the eastern side of the Kalenjin another very important expansion was taking place which led to the withdrawal of the Kalenjin from some of the grasslands along the Rift Valley, which they formerly occupied, to their present homes.

This is of course, in reference to the expansion of the Maasai southwards along the Rift Valley, which dates from the 1600 AD.

The Maasai drove the Kalenjin from the eastern grazing lands in the Nakuru and Tugen areas towards the present Elgeyo, Elgon, Nandi and Kipsigis.

With the resulting loss of much of their grazing lands, the Kalenjin were forced to reduce their herds and to rely more on agriculture. Also the different Kalenjin groups were isolated permanently into separate communities such as Kipsigis, Nandi, Tugen.

Later the Kalenjin migrated to Sirikwa. Thus the Nandi, Elgeyo, Kipsigis and Maasai hived of to immigrant settlers at Sirikwa and migrated to the present homeland. The Bok came from Sirikwa in the Elgeyo area and then moved on to Kitale and stayed there for about five years and then to Swam Hill (Malikisi) where they settled.


Plain Nilotes
The Maasai moved into the highlands before settling in the Rift Valley area by the 18th Century.

By the 19th century, the Maasai society began to disintegrate as a result of wars. The Kalenjin, especially the Nandi began to expand into the Western Highlands at the expense of the Maasai.

Other Bantu communities, especially the Kikuyu and the Kamba also exploited the situation to extend their territories into what were formerly Maasai areas.


River Lake Nilotes
The Luo group moved up from Lake Turkana area, westwards to the Lake Albert and River Nile. They began moving southwards in the 14th and 15th centuries and gradually settled in Kenya between the 15th and 17th centuries AD.

1500 AD marked the advent of the Luo who displaced the Luyia speakers from the Lake Basin. The Luo occupation of the Lake region during the last 500 years resulted in the retreat of the Luhyia eastwards to higher ground.

The Teso of Busia District originated in the Sudan and then moved on to the country of the Karamajong.

From here they dispersed, and some went to Turkana and others to Soroti. They then moved into Ngora in the Teso district of Uganda, Kumi, Kachubalang in the same district and then into Kanginima, which is the Teso country of Uganda and on into Tororo and Akoret in Uganda.

They dispersed and spread all over the place and by the 18th century, they were settled in their present homeland in Busia district.

sources:
i) Kenya an official handbook
ii) Story of Africa from the earliest times, Book one, A.J. Willis
iii) Longman GHC, E S Atieno Odhiambo, John N B, N I Were

Knoppix! said...

I have sampled a couple of comments here and i would say its pretty embarrassing to see some despots standing behind other people's handles and posting stuff that is not in any way related to the topic or issue at hand.Its insulting to have such names like JK&Co cohorts mentioned on this blog.People who have little or nothing to show for Kenya than matters related to the river between.Kindly guys lets push stuff worth our names,After all being a reporter for CNN is not being Rupert Murdoch.

Phil to deliberately omitt stuff from your posts as to appear balanced and please some few nabobs is caving in to pressure and that is not very good for business you know.Put it as it is and if you are being intimidated by the tribal tag,we all know - including generations to come - who the tribalists are,Period!

Coming to the post you did make,Personally i used to admire Kalonzo since i was in class four.But fast forward to last year,i almost throw at the sight and sound of him.What was that fella running around the country for yelling wiper wiper????????What does Musyoka stand for in matters regarding democracy in Kenya???What has he done to promote democracy in Kenya????

He ran around yelling wiper wiper and hardly a month of his wiper rubbish he accepted the post of VP and thats why i still ask, what does Stevo Kalonzo Musyoka exactly stand for?What was his Presidential ambition all about?

As for his altercation with RAO,RAO beat him at his own game over the party tussles last year by letting him have his own cake and eat it.He is in for many suprises from RAO.RAO in my view is as irritated as i am about his retrogressive conduct unbecoming.I will continue to pray that RAO keeps firing more salvos at him.

Forest Gump said...

Anonymous at 10.46

Do you have any idea how stupid your sentiments are?

kenyaone said...

Anon 3.07 talked of the 'three stooges' that name will stick unfortunately (in my mind at least). Incidentally its not possible for Politicians to solve the IDP problem simply cause their the ones who caused it in the first place. How can one sincerely take their word....Any of them?

Meanwhile there needs to be a clear separation of 'State' and 'Government'in terms of function. If yesterdays meeting at eldoret was a state affair then its only proper that kalonzo (however one feels about him) introduces the president, as his deputy. If its a Government function then the deputy Prime minister-either of them should be the one to introduce the Prime minister. At a meeting where both are represented, the deputy Prime should intro the Prime minister and the deputy (vice) president intro the president. Thats protocol. You should not have the Head of Government intro the head of state. Its no slight on raila to let Kalonzo intro the president. We all know who is who and who has what docket. At a Government meeting for instance the vice should intro the president, and the deputy Prime intro the Prime minister who would be the last speaker as head of government. I stand to be corrected.

Nevertheless. These guys need to grow up and stop being petty.

Knoppix! said...

Forest Gump, Irritating and nauseating like Taabu could say lol!@10:46

Knoppix! said...

Kenyaone!

That is idealist thinking which is not after all depending which side you are standing.To avoid the conflicting scenarios like the yesterday one,and were it not for ego pampering,we dint need all those posts deputy this deputy that.Me seriously thinks the post of VP should have been scrapped all together given the many Dep PMs we have.

Secondly this is politics and their is no way you could expect someone you beat in elections to bossy you around.So Raila has his facts right and after all Raila is not supposed to please Kalonzo!!!!!!!

Kheng.Fu said...

Has anyone seen Marianne Briner's foto the woman is 66 bwana

Anonymous said...

Khen.fu
What does her foto have to do with the ongoing discussion?

Knoppix! said...

Kheng.fu? Do you read other people's comments before posting yours?

The honourable members of Kumekucha are tired with JK,MB crap, i personally dont find anything worth writing home about some characters with terribly loose morals.So do the honourable thing and stick to the discussion at hand and leave the despots alone.Will you please?

Anonymous said...

To Daniel Waweru,

Have rested ua case about the meaning of s23(1) and (2) in our constitution?

We have been waiting for ua rejoinder for a long time. We will consider ua rejoinder time barred from now.

At the same time, we appreciate where u are coming from. In our view, the Kenyan legal fraternity has never interpreted Kenyan constitution creatively and as a result, we continue to waste time talking about executive power without realising that many people exercise this power.


Have an executive day.

Mwarang'ethe

Anonymous said...

Kheng.fu - MB never hid her age as you can see from her correspondence with JK. Also JK knew her exact age from the beginning. But he assured her that it did not disturb him since he had 'old soul' which was also confirmed by the fact that he had been married in the States to a woman 20 years older than himself. It was MB who had some problems with the age difference but whenever she mentioned this to JK he called her 'paranoid' and laughed off all her doubts.

One correction: MB is 67 years old and not 66. She was born on February 14, 1941. We have all seen her during her evidence in Nairobi which was transmitted life on all channels. Also JK had seen her photos which appeared even on the front covers of the Standard and Nation also on Internet.

One remark to JK himself: although he has decided contrary to the content of his mails to MB asking her to forgive him for what he had done in London and begging her to give him a second chance, he still tells the world (like in the Adam Magazin March-edition) that nothing has happened between them.

But his former employer CNN has stated in an official letter signed by their lawyer addressed to a Swiss leading Paper: 'We think that we will never really know what has happened in that London hotel room (note: they say 'room' confirming herewith that Jeff was in MB's room and not just having a meeting in the lobby as he claims - witness also Alphonso van Marsh whom JK called from MB's room and spoke to him for more than 10 minutes as MB's telephone bill confirms giving Alphonso van Marsh private Handy No.) - CNN then continues: 'But we believe that this should be sorted out between the two since we think that this is a private matter between Marianne Briner and Jeff Koinange and it should stay like that.' -

I hope, we can now close this subject once and for all and move on to other more important subjects? Regarding Sam Okello: he is just a stupid who thinks he can exploit all this for his own gains. We should not give him a chance but tell him to please shut up and instead contribute something positive to the development of Kenya and its people.

Anonymous said...

Kheng.fu.
I,m quoting you.

"Has anyone seen Marianne Briner's foto the woman is 66 bwana"

What. s matata bwana ama bibi khenfu.

do you also wasnt to go and rape mariannene briner just like jk?


if you are so despereate for that thing , go to congo and do it.

Mrembo said...

aki u people amaze me....we have had a good two or three days here without the mention of some characters and their nonsense and you all just cant help yourselves you have to go and mention them so that they can return here again?

and those asking for their return and their age kwani u dont know their blogs? they are always advertising them here....go look for them there!!

Anonymous said...

Raila has his eye on the price, and that is why he is cozying to PNU. It is in the public domain that Raila acquired his "financial security" through oil products from his Lybian and Arab friends when he was minister for Energy in the late 1990s.

It is also in public domain that the Lybians are in battle royale with the Indians over the Oil Refinery in Mombasa, the Kenya Uganda pipeline, the Grand Regency and properties around it - http://www.bdafrica.com/index.php?option=com_content&task=view&id=7160&Itemid=5822

It is time for Raila to pay back. And cozing up to Kimunya, Jimmy Kibaki, Kibaki, Muthaura etc will allow for just that.

Its time for "lets gather around the table of Kenya and eat our fill".

Why do you think his personal assistant is now the PS in the Prime Minister's office despite his being past retirement age just like those PNU PSs?

Truth Hurts said...

A number of personalities should not be the ones defending the displaced persons' land rights for they owe the homeless displaced their ancestoral lands; shame and guilt should meet their calls for justice in equal measure. Yes, Kenyans can live and work anywhere within our borders and those who owe others lands will ask them to find land elsewhere in return because the constitution guarantees their protection and right to live anywhere. But you don't settle at a place only to grab others their property then demand protection.
Really, what justifies the likes of Uhuru Kenyatta, Njenga Karume owning districts of lands, and even president Kibaki boasts tracks of lands. It is on these grabbed lands that the displaced should be settled if justice is to be seen to be done for the now displaced persons must have displaced too the original inhabitants of the lands they claim are theirs; there were people there before. Only in the major towns do people buy land, not in others' homesteads. Who will allow a Giriama to buy an extensive land in Ruiru and settle a part of his community on it that with time the community will own a district and even boast an elected MP? The Kalenjin have no ownership claims over Central province lands, and therefore and of course the mass ressetlement of only the Kikuyu community in the Rift Valley lands had political motivations that are always exploited at election time to advance the political interests of the migrant community's candidates and members and to also protect and ensure the presidency remains in the house of Mumbi through the number of their elected leaders, hence their going emotional always on land matters and whenever contenders eye the presidecy. Its not they're populous-the Luhyas are most, followed by the Luo, then the Kikuyu and Kalenjin but data is always skewed in their favour so they dominate politics and appointments. That when this migrant community fails to farm too as a result of their displacement it will cost our nation famine, as though there's a community in Kenya that never farms. Moreover, the Kenyatta family that Uhuru belongs to owns half of Taitaland, but its injustice only when people of his community are rendered landless and not the Taita his family has made so since Independence.
If Kalonzo too is the man of God who loves and cares and the credited peacemaker he claims to be despite his having never visited the IDP camps that he wants others to, he has a land he contentiously owns in his Eastern home that he should first settle the displaced community on. Let not the greedy and shameless land grabbers be the first to empathise with and demand resettlement of the displaced landless-they should return the lands to rightful owners for justice and amnesty and challenge their likes thereafter. History and genuine transaction and not power and connections must defend the land ownership rights and claims.
Connected with the injustice is tribalism and a look at the KenGen, KRA, Justice system, Human Rights body and security system hierarchies and now permanent secretaries appointments that reflect their bosses' will convince anyone that its a true monster that must be killed by parliament being charged with vetting appointments in public offices and so budgetary allocations for regional development. If preachers of ethnic justice are that sensitive and really want a united nation, so should their appointments and intolerance to ethnic injustice prompt appointments rearrangements to reflect their sensitive leadership. But asking Kenyans to tolerate impunity, injustices, corruption and ethnic discrimination advanced by the political leadership so as to solidify our unity as a nation is being shamelessly greedy, insensitive, dictatorial, escapist and spiteful and telling Kenyans that their problems will never be solved.

Chicity said...

Mwarang'ethe:

I don't think a rejoinder is forthcoming. Hehehehe! Thanks for your solid analysis of the relevant sections. All Attorneys worth their salt know that every single word matters and thus when analyzing a case, statute or the Constitution, each relevant clause must be discussed, regardless of whether it supports your position or not. In typical Waweru fashion, he peppered his piece with conflated arguments on sections most favorable to his position and omitted those that punched holes in it - and then tried to VIGOROUSLY insist that it was accurate. That's the kinda stuff that gets people disbarred in many jurisdiction!

Kudos!

Anon @ 5:03 - I share your sentiments.

Abass said...

Phil, I fail to see how this has anything to do with the Kibaki succession thingy. If it were between Uhuru and Kalonzo, maybe; if it were between Saitoti and Uhuru, probably but Raila doesn't come in here. Whatever he does, Raila knows for sure that come the election day, he will be vying the presidency against mount Kenya mafia and its allies, at least for another term.

Anonymous said...

M-pesa fake or real

Send me the dossier @ kevinoty@gmail.com

Both of them.

Daniel Waweru said...

Mwarang’ethe

Assume section 23(2) is a derogation of 23(1). What, then, can it derogate? It cannot be the case that it derogates the President's status as the font of executive authority, for that would be inconsistent with 23(1); consistent with the canon of constitutional interpretation which require us to interpret constitutional provisions so to keep them consistent with each other, that cannot be the meaning of 23(2). There are not two sources of executive authority.

By what means does the President, as font of executive authority, delegate to others the power to others to perform executive functions? By appointment. See Articles 16-22. Unless a public officer has gained the right to exercise executive power by (i) being the President, or (ii) appointment by the President, he cannot be said to have gained it legitimately.

Is the Prime Minister an appointee of the President? No. Therefore, (1) he does not have executive power on his own account - by section 23(1), which limits executive power on its own account to the President - and (2) he does not have derived executive power because he is not either (a) an appointee of the President, nor (b) an appointee of an appointee of the President. An easy way to see this point is to look at NARA 4(2). That clause permits the Prime Minister to nominate but not to appoint Ministers. The power to appoint Ministers, and hence to determine the distribution of delegated executive authority, remains the President's, consistent with section 23(1).

To return now to your point about derogation. If the provision given in 23(2) is a derogation, of what is it a derogation?

It cannot be a derogation of the President's status as the fount of GoK's executive authority, for that would be inconsistent with 23(1) which vests that status entirely and exclusively in the President; there are definite articles in both cases.

Is it then a derogation of the President's power to delegate the right to exercise executive power to his appointees? That is, does it give Parliament the right to appoint public officials to exercise the executive power? It does not. First, the constitution cannot allow for Parliament the exercise of a power not already specified to reside in Parliament. None of the Constitutional provisions detailing the legislative power provide for Parliament the power to appoint public officials to exercise executive power. Section 23(2) cannot, therefore, be said to concede to Parliament the right to exercise the power to appoint public officials who, in their turn, exercise executive power. Second, is the argument from silence: if Parliament could do so, why then, when it passed NARA, did it not give the Prime Minister the authority to appoint Ministers? Presumably because it lacked that power, and could not therefore delegate it. Third, the derogation, if that is what it is, in section 23(2) does not mention executive power. To claim that 23(2) does allow Parliament to appoint public officials to exercise executive power is to read the word functions as though it were preceded by the word executive, which is to break the canon of statutory interpretation which bids us always prefer that interpretation of a constitutional provision which leaves the plain meaning of its words intact.

Anonymous said...

To Daniel Waweru,

I see u have responded, but a bit late. Thanks a lot.

Now,this is a matter of english langauge and not even a matter of interpretation. U say we ASSUME. Why should we assume when their is no ambiguity? The first rule in interpretation is that u start by simply reading the text. It is only when it is ambigous, u embark on using other tools of intepretation. That is not the case here.

Ma friend, s23(2) provides: NOTHING IN THIS SECTION SHALL PREVENT PARLIAMENT. Simply, thats a derogation in simple english. If thats the case, this section, can only be read as giving the parliament powers to conver functions such a PM and executive authority on PM or anyone it deems fit. It is that simple.

That being the case, for judicial economy, we see no need to address other issues u have raised. This is so, for they are irrelevant to the extent that s23(2) is a derogation of s23(1) as explained above.


Mwarang'ethe

Bear with me, I had problems logging in.

Anonymous said...

To Daniel Waweru,

Once again, just to make things a bit clearer, s23 title read like this: Executive authority of Government of Kenya.

Just from the title of the s23, it should be clear that when s23(1) mentions authority, it means authority mentioned in the title.

Likewise, s23(2) to the extent it uses word authorities, it can only mean authority mentioned in the title of the s 23. Otherwise, we will be happy to be educated as to which authority it refers to, if not the one mentioned in the title.

That being the case, we see no merit in ua flawed argument that s23(2) contradicts s23(1). It does contradict, it ONLY EMPOWERS the parliament to confer on any one else, any FUNCTION as well as the EXECUTIVE AUTHORITY mentioned in the title of that section.

Mwarang'ethe

Anonymous said...

To Daniel Waweru,

As a conclusion, u ought to understand s23 this way.

1. It deals with executive authority of the GOK. That is crystal clear from the title of this section.

2. s23(1) confers the executive authority mentioned in the title to the president.

3. s23(2) makes crystal clear that although s23(1) confers the executive authority referred to in the title, that does not detract from the fact that Parliament in its wisdom, or lack of it, can confer executive authority mentioned in the title and s23(1) to any one, it may deem fit. It in this manner, it conferred PM with executive authority in terms of the recent National Accord.

Thats what that section means in very simple words. That being the case, the idea that only the president may exercise executive authority is misinformed and does not hold water.

Mwarang'ethe

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