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Monday, November 23, 2009

What Is the Truth About Separation of Executive Powers in the Harmonized Draft?

If one listens to most people talk about the recently released harmonised draft constitution, it is as if the word democracy is synonymous with the word elections. That is why you hear PNU talk about executive authority being exercised only by individuals who have been subject to direct voting by the voters themselves. More often than not, very few people who live in electoral democracies feel that elections result in a government which truly responds to their needs. At its best, electoral politics seems only to solve the problem of succession.

I find it much more useful to talk about democracy in terms of institutions and not events, personalities or individuals. This is precisely the trap Kenyans must evade falling into.

Under the harmonised draft, unlike the pre-NARA constitution law, there is clear-cut separation of powers between the President and the PM. The proposed checks and balances ensure that no single institution has been allowed the powers to operate as it wishes. The harmonised draft also presents a situation where all electoral players – winners and losers, majority and minority - end up playing a significant role in our governance.

The president will be head of State while the PM will be head of Government. The draft is neither a presidential nor a parliamentary system of government. It is a hybrid system and that which is said to be necessary for a highly polarised country like Kenya burdened with a host of national problems tracing their origin to the Office of the President. As Bw. Kitonga revealed, this harmonised draft responds to the needs of the Kenyan by creating a dignified, stately-cum-executive presidency (not president) with sufficient authority to oversee, unite and protect the country but without the baggage of the day-to-day running of government.

Previously, the President acted as both head of State and Head of Government, and had a wide range of powers, very few of which were either shared or checked. This is precisely what led to the feared term IMPERIAL PRESIDENCY. Political competition for this seat, where winner takes it all, is largely to blame for the deep ethnic divisions in Kenya.

Under the draft however, the President will now only act most times on the advise of the Prime Minister and the Cabinet and his decisions will have to be approved by Parliament. This should provide sufficient checks and balances and is perhaps one of the most significant clauses of the draft! Just imagine, no more cronyism, no more nepotism or blatant ethnicity in public appointments that the three previous heads of state were so notorious for.

The PM will only nominate cabinet ministers and other public officials for appointment by the President. In this case, the PM draws his authority in the process of nominating people to these public positions but with the approval of parliament! Parliament has gobbled up the powers of what used to be ‘serving at the pleasure/prerogative of the president’. The President remains the final authorised signatory of government decisions. Executive authority does not just imply the running of government.

Additionally, the President will retain all of the trappings and privileges of office: He or she will still live at State House, preside over national holiday functions and have a motorcade with outriders, and remain symbol of national unity. In other words rise above partisan politics that Kenyan presidents have become so notorious for.

The president will still be the Commander-in-Chief and Chairperson of the National Security Council, the President will also preside over passing out parades of security forces. With the approval of Parliament, he or she may sign treaties and international agreements. The president retains the power to declare a state of emergency or a war but again, only with the approval of parliament.

The President will now have the powers to dismiss judges of the superior courts and any other State or public officer whom the constitution requires the State President to appoint. However, he will only do this through the advice of bodies such as the Judicial Service Commission and Parliament.

The President will also have the powers to appoint high commissioners, ambassadors and consular representatives with the approval of the National Assembly. He or she will also receive foreign diplomatic and consular representatives.

The President also holds the power to pardon offenders through an advisory committee made up of the Attorney General, the minister in charge of prisons and five other members who do not hold public office.

The role of signing Bills into law also remains with the President under the new draft. He or she will also have the powers to direct the PM to ensure that any Act of Parliament is implemented.

If all this is not executive authority, then what is?

On the other hand, the harmonised draft requires the PM is appointed by the President. The PM is appointed on the basis of being the leader of the party with the highest representation in Parliament. He or she is not voted in by MPs as has been alleged in sections of the media. And this is where it gets interesting as MPs must approve his appointment as PM. Should they fail to do so, parliament will be required to nominate one of their own as prime minister within 60 days failure to which it will be dissolved and a general election called.

This is where in my opinion, some FINE TUNING need to be undertaken. The appointment of the PM, once he leads majority MPs in the national assembly, should not be subject to parliamentary approval. Neither should parliament be the one to nominate the next PM should the office fall vacant. This privilege should go to the party with the majority of MPs in the house. But that’s only my opinion as a Kenyan.

Back to the harmonised draft , the PM will exercise some executive authority as he or she will take over the current powers exercised by a president in the day-to-day running of government. The same draft requires that no cabinet decision can be implemented unless it has been signed by the PM.

The PM will have a primary role of directing and coordinating the work of ministries and preparing legislation, and is responsible to Parliament. The PM will preside over Cabinet meetings.

The PM is further required to promptly and consistently brief the President on the conduct of government affairs. This means the PM reports not just to parliament (as the body representing the people) but also to the president as head of State.

The powers of the PM will be constantly checked by Parliament because he or she can be sacked together with his entire Cabinet by a simple majority in parliament. If parliament passes a motion of no confidence in the PM, he or she and the ministers and deputy ministers will be required to resign. If they do not do so in seven days, the President will be required by law to dismiss them.

The PM will also advise the President on any dismissal of the deputy Prime Minister, a minister or a deputy minister. Parliament can also pass a vote of no confidence on a member of the Cabinet after which he will be required to resign within three days. In other words, it will not be left to the minister to await presidential action or speculate on the public mood so as to resign.

Clearly, anyone suggesting that the PM should also be subject to a direct vote is missing the point by a million miles. In a multi-party democracy like Kenya, it is perhaps even more a challenge emerging the leader of a party with the majority MPs than it is for one to get elected as president. As mentioned in the beginning of this post, democracy does not start and end with elections. The import of this requirement of nominating the PM is aimed at putting focus political parties and their policies and manifestos. In any case, voters who vote for MPs and political parties are the same voters who vote for presidents, therefore no one can really claim to enjoy mandate more than the other.

The harmonised draft gets even sweeter. It allows for the President to be impeached by Parliament through a motion approved by at least two thirds of all members of the National Assembly. However, the President remains in office until the Senate hears and determines the charges against him.

Now you can breath out, and proceed suggest your personal recommendations to the committee of experts on this contentious issue of the separation of powers plus any other you may have spotted.


Anonymous said...

Good one Chris,

My question is, why shouldnt we have constituencies with equal number of voters such that true democracy is exercised?
if not, then the MP elected by 100,000 voters should have 4 votes while that elected by 25,000 voters 1 vote.
If that is the case, then the constitution is good. Otherwise, democracy will have failed.

Kumekucha Prefect

Anonymous said...

just another attempt to sneak raila into power through the back door.

silly jaruos. They think they are so clever.

How do you take power from an imperial president, give it to an unelected politico who is answerable only to the 222 thieves in parliament and call that 'power to the people'?

Stupid stupid.

Anonymous said...

This is ridiculous. You post a partisan article and when somebody submits a view contrary to your opinion you delete them???? That's the democracy you are lecturing us here? We have to swallow everything you prescribe without question? Those are the dictatorial hangovers of your small god Raila and his ODM

John Maina said...

very good article though my irrational kikuyu s will never c it that way

u forgot to mention that the prezo will not belong to a party hence less partism this draft is the way to go

Phil said...

Kumekucha Prefect,

The boundaries commission has been left to handle the issue of constituencies and boundaries. But my opinion is you cannot have boundaries decided solely on the basis of population. That would be a recipe for disaster!


Anon@6:28 AM
I have not deleted your comment and as you will probably have gathered by now, this blog has several writers and I only happen to be one of them. Any of these writers - based around the world - can delete a comment if they judge it to be contrary to the house rules of common decency.

I am a champion of free speech. I want to tell you I cannot and will not delete comments which disagree with my mine.


Anon@6:35 AM

You obviously have not read my piece, and if you have, then you haven't the foggiest idea of what it is all about.


Centres of power are exactly what all Kenyans want to do away with.This is why there are all manner of checks and balances.

Unchecked and Unshared Power that was previously in the hands of one individual with no sense of accountability, has been partly and very much thankfully devolved to other offices and institutions like parliament and Office of the PM and other constitutional offices.

Another thing, try and remove personalities from the harmonized draft debate. It will help you understand this thing better!

Anonymous said...

Kenyans even the educated are amongst the most short sighted and forgetful people in the whole world.Who wants to be reminded the circus that happens every two years when councillors get to elect their mayor.Hasnt there been a clamour for the mayors to be elected directly by the people?Why then turn around and give the power to elect a person to an even bigger office to bunch of heartless Mps,a sizeable number of which are former councillors anyway?Havent we all seen how they gang together when protecting their interests,eg in raising their allowances or in rejecting attempts to have their pay taxed and how they promptly get divided when issues concerning the ordinary Kenyan are raised,like in the current mau evictions.And these are the people we want to give the powers to decide who will be the PM?People,who will gladly sell their own soul to the devil at the right price?GOD HELP KENYA..!!

Chris said...


A post by Phil himself.

Gee it's been a long time bro. Not since the Armagedon of last January have I seen you pen a post. Oh not really, there was that Tom Mboya piece.

As always I don't have to agree with you to congratulate you and indeed I have delayed my own post with very contrary views so that you can get adequate hearing.

I wish you would do more posts Phil, as much as our political views are so different now.

We Kenyans have to learn the secret that made Greece so great once upon a time. But alas, most heated debates I see Kenyans get into these days always seem to end up in a high noon or threaten to do so.

Anyway karibu sana ndungu.

Phil said...


Chillax! I think I am the one who ought to welcome you and not vice versa!

I am looking forward to reading and challenging your post with very contrary views to mine. I just hope you will be able to substantiate some of the wild allegations you sometimes peddle here.

On the other hand, Chris, with the release of the draft, the country is now at a crossroad.I hope you will live up to the original ideals and start treating issues pertaining AGENDA4 with the seriousness they deserve.

Of course this applies to mostly to yourself and Sam okello, and by extension to the likes of Vikii, Kalamari, Taabu, UrXInc, PKW and Jeff. (What happened to Oscar?)

I await your post!

Chris said...

One good thing I like about Phil’s posts is that they are always very thorough. Agree with him or not, one thing you will NEVER find Phil doing is a half baked post.

Secondly I say without hesitation that this is the best written piece I have seen on the separation of powers since the draft was released. It has cleared many gray areas for me. But that is just me.

However having said all that let me quickly add that I was one of the great proponents of a hybrid system shortly after I read the original Ghai draft (twice). In retrospect I was too impressed by it and did not give it much thought or even analyze it. I guess like many Kenyans still are, my mind was at the time focused on individuals like the draconian President Moi whose long rule was just coming to an end. Anything to suggest a reduction of his powers made me just too ecstatic to even think.

However after carefully observing the way the two principals (Kibaki and Raila) have been operating since last year I am now convinced that this hybrid system is a recipe for disaster. Can’t you guys see what is going to happen? The President and PM will start off flexing muscles against each other and then after two and half years or so of that they will reach some sort of under-the-table agreement to fleece Kenyans together for the rest of their terms. They will then buy parliament to tow the line. In short nothing will get done.

So what is my suggestion?
(see Part 2 of this comment)

Chris said...

Part 2 of my comment (it was too long)...

Glad you asked. In my view we should note the following;

1. Appointing a PM and giving him some of the powers of the president is not the only way to reduce executive power and check on the excesses of an “imperial presidency.” Another way to reduce the said powers is to strengthen the legislature and judiciary and keep just a president (and NO PM) with enough executive powers to get things done. Besides a good devolved system will also help a great deal in reducing the powers of the presidency. Do you guys realize that a lot of those powers have to do with this animal called “provincial administration”? Remove the animal and suddenly the presidency is not so intimidating, even under the current constitution.

2. There is the very real danger of making a president so weak that he or she can hardly make any decisions and will therefore spend his entire 5 year term debating and arguing with parliament and his PM. Is this what we want for Kenya? In my view we will be better off electing a president and giving him full mandate and authority to get things done and then judging him for his achievements at the end of their term. As it is I can already see a president elected under this draft blaming everything on the PM and parliament.

3. Have Kenyans not learnt anything from the current grand coalition government? Why should a poor country like Kenya be burdened with the so many motorcade offices? (President, VP, PM etc). Whatever the views of people it is NOT feasible to have two houses and then a President and PM as well. We should settle for just one of the two at the most. The argument for two houses may be a little more convincing to me, especially because it will strengthen a devolved system of governance.

By the way, I also need somebody to convince me why we should NOT disallow a presidential motorcades kabisa. What is it for? What purposes does it serve? Doesn’t anybody see how ridiculous it is to have a man riding around like some imperial King to be waved at by starving peasants who have no idea where their next meal is coming from?

4. Let us retain the President as head of state and government and have him elected directly by the people. Let him not belong to any party and he should also NOT be an MP) just as it is in the draft. Let’s scrap the office of PM and have the president appoint his cabinet from parliament and outside parliament as it is in the draft. Everything approved by parliament. We should then strengthen our institutions and get serious about a devolved system. I think we would be much better off that way.

(to be continued...)

Chris said...

Part 3...

P.S. I think it is important to understand why we got into the mess we got into with previous presidents. There were many historical factors. Things have changed a lot since then. Despite Kibaki’s misbehaving, there are many things Kenyatta and Moi did that Kibaki has been unable to do. Thanks mainly to a more free and vibrant press which has gotten its’ teeth from technology which has also reduced the world into one small tiny village.

P.S. 2 Kenyans should note that we got into trouble right at the beginning by creating a system that borrowed both from Westminster and the American system (we should have chosen ONE). That is where all the mess started. Now we want to create another more serious mess with this so-called “hybrid” system. Let’s learn from history and quit trying to re-invent the wheel when we can’t even get the basics right in the first place. You don’t promote a child to university and they don’t understand the basics in primary school.

P.S. 3 Tribalism can never be dealt with by a constitution. Not in 1000 years because the tribal chiefs will always find a way to keep saying “me and my tribe are being finished.” Indeed we can even see in the current debate that the thinking is tribal i.e. our tribe has many people and the other tribe has few people electing an MP. Tribalism can only be dealt with the same way racism has been handled in the US and elsewhere. By enforcing the basic laws (even the current ones could do a lot if enforced).

Phew!!! That comment would easily have been a post, but I guess what we want here is lots of debate, so please accept my apologies for that.


deroo said...

To Chris,

You have come up with tangible and well-thought middle-ground observations and strong opinions. That is very good of you Chris. I only wish that you made it as Phil's main post.

While Phil's post clears cobwebs and uncertainties that have been used in the last week to create 'tension' among various sections of the country that will find it hard to even read it, I feel that it is better than other comments and analysis that have been carried in the daily press.

To you and my surprise, there are people who will vote for the draft at this moment and time even before reading it since some of the leadership have said it is good for the country and there are others who will oppose it since they have been told by their leaders it is bad.

But Chris THE DEVIL IS IN THE DETAIL! The appointment of the PM will continue to stir emotions and as the BOUNDARIES issue comes out in force this week, POLARISATION will have been achieved.

I will hold my breath and reserve energies in the coming days to see what will be achieved. As it is, and wait and see, this draft constitution is going to align LIKE-MINDED tribal lords and await the LOSERS.

Give it a week before WANJIKU is told about its perceived bad side and let the rumbling begin!


Anonymous said...


What will happen when we have fully implemeted the majimbo devolution? Some jimbos will become militia jimbos, and the tribal warlords will be deciding who can hold a public rally and who can't. Remember Raila used to be received like a messiah in public rallies in the RV. Today, he has to be protected by GSU and other riot police units in order to hold successful rallies in the same province and this is because he has disagreed with the local kingpins. Na mambo bado.

Anonymous said...

Stop referring to he Rift Valley as being the home of warlords and jimbos.

The worst warlords and jimbos have always been Central and their tribal leaders who think nothing of erecting huge walls against the rest of 41 Kenyan communities akin to that of the Israelis against Palestinians.

Anonymous said...

wankeers political wankeers u dreamed u wake with nothing but a wet spot on ur beds 2008 jan so u chomoa the hasiras on innoneccent PEV victims.soooo dream on 2012 but mujue this time mjaribu ujinga mtajua who owns kenya..we''l push back to south sudan fools

Phil said...


The fact that you are drawing comparisons between a forced grand coalition and the harmonised constitution draft makes me shudder with fright. Our unique grand coalition includes all but one political parties in parliament! Unique in the sense the two coalition partners - with completely difference ideologies - share the cabinet 50/50. If the great Kumekucha cannot see the difference between the arrangement in place today, and the proposed constitution, then how about those who do not enjoy access to information like he does? It also appears you do not know the difference between STATE and GOVERNMENT.

Just listen to yourself Chris 4. Let us retain the President as head of state and government and have him elected directly by the people. Let him not belong to any party and he should also NOT be an MP) just as it is in the draft. Let’s scrap the office of PM and have the president appoint his cabinet from parliament and outside parliament as it is in the draft.

Question is; how will the president/vice president not belong to any party and then you expect them to form cabinet from MPs elected from political parties?

My post has attempted to show you who will be in charge of what, and who will watch over whom. If you cannot see the simple fact that Kibaki is currently both Head of State and Head of Government, then I would rather not even bother replying you. In the harmonised draft, the president and his running mate (called Deputy State President) will not be leaders of any political party. The most popular party forms the government with its leader assuming the PM’s post. This is a sovereign mandate exercised by the people of Kenya when they vote. The second most popular party forms an official opposition, complete with a shadow cabinet, with its leader assuming leader of official opposition. By the way, a Leader of Opposition has been given more teeth and has actually been apportioned state duties. The president and his deputy remain above all these politicians. The issue of power tug-of-wars will therefore not arise because there is only one head of government with clearly defined duties.

You also go further to credit the Kenyan media for the changes we are currently witnessing. I give 70% credit to the ODM supporters who totally refused to accept a stolen mandate from Kibaki, participated in mass action, including the economic boycott that hurt the power barons where it matters. The other 30% goes to Koffi Annan and his team of eminent persons, backed up by the international community. The Kenyan press has been the greatest betrayer of the masses. They are very good at practicing cheque-book journalism. You can see them at work in the catastrophe that is MAU FOREST. They are going as far as glorifying the use of poor peasants as human shields by the grand corruption perpetrators of yesteryears. To them, this is a political contest in ODM, and not about the future of the country! You only need to find out who the shareholders of these media houses are to appreciate where their real interests lie, basically, maintaining STATUS QUO for the simple reason of maintaining a healthy BANK BALANCE. The rest of the population cries for their country.

I do not think tribalism can be dealt with by stronger legislation. It will be a total waste of time if Kenyans opts to reject the current draft and continue with the pre-NARA constitution. The imperial presidency is where all ethnic evil emanates from. If don’t believe me, just check the names, qualifications and origins of the top people in office of the OP and State House. It just makes you want to vomit, but Kenyans have been duped into believing, kazi inaendelea. Such nonsense will not happen in the harmonised draft because these appointments are recommended by an independent body, monitored/approved by parliament before the president finally facilitates them.

If this is the alternative view you were talking about, then you might as well just tell us to maintain the constitution as it is. I am disappointed in you Chris!

Anonymous said...

Phil, i had developed some respect for you until you posted this statement as part of your reply to chris;

I give 70% credit to the ODM supporters who totally refused to accept a stolen mandate from Kibaki, participated in mass action,

How can you in broad daylight
1) Fail to acknowledge that premeditated violence in ODM strongholds led to spilling of innocent blood of tiny children, pregnant women, old, disabled, mentally challenged... when these people had nothing to do with the botched elections but were innocent victims who suffered just for speaking the same language as the president??
Do you support massive looting, stealing, rape, police brutality that followed these calls??Annan and the US stepped in because of the genocide not stolen elections. Its quite telling that ethnic cleansing stopped after signing of NARA. si8mply, Spilling of Innocent Blood by ODM was perfectly used as a bargaining chip.

2) When will you admit the obvious fact that elections were stolen both ways? We know for a fact that ODM also had malpractises as much as PNU. Is honesty in a civilised debate as this too much to ask??

Kumekucha Prefect

Anonymous said...

Just imagine, no more cronyism, no more nepotism or blatant ethnicity in public appointments that the three previous heads of state were so notorious for.

Oburu Odinga- Raila's big bro is Assistant minister for finance, Mrs Beryl Achieng' Oginga, Raila's sister is the Pension Scheme Board director, sister Wenwa Akinyi Odinga is the Consulate General in Kenyan mission in Los Angeles, US., Prof. Jacquiline Oduol the Permanent Secretary for Gender, is married to Raila's uncle, and Elkana Odembo (Aoko Midiwo who is Raila's first cousin) is Ambassador to France..."

But do You Say?

Anonymous said...

Chaps I repeat there are no two centres of power in the draft. There is only one centre of power: PM and cabinet. Once you have said someone is the head of government, it is clear where power will lie. Even if the president and PM fight, there is no way the president can win. Just scrap the presidential election and ensure there is equal representation in the National Assembly. Have the head of state chosen as in Israel, germany and india. It is called being sent upstairs, and you dont have to involve the people at great cost to do that.

Mwambu said...

Why not bring back the Colonial Governor and give him the same powers that he bequeathed to that thief Jomo Kenyatta, a power later bequeathed to and enjoyed by our current manifestation of that same Governor also known as the President of Kenya?

As they say: Kenya Hakuna Matata!

Anonymous said...

Chris said....
"Suppose MPs settle on the Kalembe Ndile type of PM?...."

what do you have against Kalembe Ndile?
No one is perfect not even Paul "rain comes from the sky" Sang and i hold no brief for "the squatter" Kalembe Ndile but this is going too far Chris.
Any sane Kenyan male or female adult is allowed to contest and be popularly elected as leader in any position in this great country of ours

Let us stop these discriminations please

Mwarang'ethe said...

Chris et al,

"One week after the harmonised draft constitution was published and a 30-day period for public debate set aside, most Kenyans are yet to read it and offer their views."@


It seems that the old media is behind news.

May be you should request them to visit KK and see how Phil and Chris and others are battling it out over the Draft Constitution.

In fact, Chris has already ruled out Kelembe for no good reason at all.

Phil said...

Kumekucha Prefect,

It matters little if you develop respect for me.

I am not obligated to acknowledge what you call premeditated violence in ODM strongholds. Infact, I fully support and I indeed participated in ODM sanctioned mass action marches and economic boycott. Not an enjoyable experience in light of state sponsored violence unleashed on us by overzealous state security agents.

Mass action is a universally accepted form of democratic protest by civilized people. Let me assure, whoever is in charge of elections, or whoever is an incumbent will have to think twice before topping up their votes next time they are defeated in a general election.

Secondly, I am yet to come across any evidence that elections were stolen both ways. Infact if I could quote to you what Judge Kriegler told the ODM Captain when he went to see him at his office:
“Raila, every child and every fool in this country knows who won the election. I don’t think that it is my responsibility to tell Kenyans who won the elections. I don’t think that it is my responsibility to tell Kenyans who won or lost the elections. I don’t think that I would support the process of healing and reconciliation if I go that route. So I want to tell you that I’m not going to waste my effort going that route. My recommendations will come out in a way that is going to be supportive of the process of healing in order to avoid a recurrence of what this country went through.”


I do not agree with your assertions that the proposed Office of the PM, as Head of Government, is the new centre of power. There is no single centre of power anywhere in the draft because no particular office has vested powers to make unilateral state appointments or decisions.

The Office of the PM in particular is hard pressed because it is answerable to parliament, and also answerable to the Office of the President, both of which the PM must by law keep abreast or all government affairs.


Luke, well said. Infact, and unknown to the so called young leaders that Chris has been trumpeting here, the harmonized draft now allows any registered voter to vie for presidency regardless of their age. This has effectively done away the highly discriminative law that only over 35 year-olds could run for presidency in Kenya. So Chris and you friends, wapi viongozi leo, vijana wa sasa?

Anonymous said...

If you follow politics, imagine that Ruto and Raila have fallen out, Balala the same, Omingo Magara, likewise and wonder aloud, one cannot win with Luhya and Luo votes only. It is that tribal.

Anonymous said...

This stupid fool, John Maina, should be banned from Kumekucha. He makes an already worthless site even more worthless.

Anonymous said...

Kenya could be in serious trouble if ICC dont act fast

The piece in today’s (24/11/2009) Daily Nation Newspapers entitled “Kibaki and Raila hold talks on Mau eviction” is worrying for the following reasons;
1. It is in public domain that Uhuru Kenyatta and William Ruto have filed court cases to remove their names from the KHRC report- that they are the culprits in the 2007/08 post elections chaos. Many in Kenya also believe that they are the main names in the “waki envelope”
2. It would appear that it was Raila Odinga who called for the said meeting (todays), and one feels that , it was his feeling that that Kibaki and ministers are not supporting a resolution of the cabinet (Government) on the Mau evictions. This is more supported that after their meeting, Raila ensured that Head of Civil Service Francis Muthaura and Office of the PM permanent secretary Mohamed Isahakiah were involved.
3. Even after the meeting of the two Principals, Kibaki says nothing about a fund raiser by leading persons from PNU-Kalonzo (his VP) and Uhuru Kenyatta (his publicly perceived heir to the presidency). In sum total, it is a way of undermining the PM’s resolve to tackle the Mau issue.
4. The same piece (report) talks of funds being raised through a “local Radio station”-read a Kalenjin/Rift valley Radio station.

For those who understand Kenya’s politics, there is trouble ahead. The president is not committed to the Mau evictions or the ICC process to punish the perpetrators of the 2007/08 crimes against humanity, that were, as publicly known, a result of the bungled elections that favoured him.

My personal view is that Kibaki is the problem in Kenya, and if the ICC does not move fast, Kenya is in real trouble.

The mishandling of the Mau situation will mean that:
1. The new constitution is a dream to Kenyans
Reforms in the police force is a dream to Kenyans- this is more supported by a report in the same paper entitled “Imanyara says more threats made on him”, where Saitoti, minister for internal security shows that he has no control over the unruly police force
3. There are real efforts to frustrate the ICC process
4. The Grand Coalition Government will die before 2012-The composition of the leadership (one feels that these are appointees of the President was strategic) in the Judiciary, Police, Armed Forces. A military state is not a wild idea!
I may be wrong, but it is better for me to express my fears for the future of Kenya as a nation.

Mwambu said...

Interesting synopsis there Mr.2:12 PM. I couldn't agree more with your astute reflections.

Kibaki is basically hedging as he is always wont to do AKA sell to the highest bidder; in this case, you know who.

Anonymous said...

Anon 2:12 and Mwambu,

Why should Kibaki get involved when Raila went to Mau telling them they will not be evicted during the referendum campaign and in 2007 presidential campaigns??
Raila dug that hole, wacha aingie mwenyewe!!!

Phil, your true colours seems to be emerging little by little.
You have skirted the issue of innocent deaths resulting from the so called demo's. Infact, the bus you are touting as economic boycott never left the stage. Citti Hoppa, Equity and other Kikuyu owned enterprises continued to thrive since they offered cheaper services. Its only parts of Luo Nyanza and RV where they were sabotaged through looting and arson. Like Kumekucha Prefect correctly pointed out, what made the world rush to Kenya was the acts of genocide well orchestrated by Raila and ODM against Kikuyu and the revenge killings that ensued. Your failure even to accept the fact that the militia were being trained well before the elections also shows how low you can stoop in support of your politicla masters.
Its is painful to see how deeply ingrained tribalism is from the response that you have given.
Eti ODM never rigged..he he that qualifies as a big joke from blogger Phil.

Anonymous said...

You guys are ALL JOKERS and intellectual pretenders. Just look at how you have reduced the grave Mau matter to political posturing.

BTW which president parcelled the land and which other one allowed people back in his first term of office?

The truth is while RAO is offering REAL LEADERSHIP which the sleeping CEO cant, we reduce the task to ODM turf war/supremacy. Imagine the cost of inaction?

While at it we unwittingly cheer looters who don't mind holding Kenya issuing threats that betray their hangovers from the impunity they enjoyed to rape, loot and plunder during the Moi era.

Well, chest-thumbing is your forte Kenya, endeleeni, NA BADO.

Anonymous said...

anon @11/24/09 4:44 pm

yesterday was all about the stolen elections, police brutality, idps and mungiki killing their innocent kenyans in kibaki's own backyard.

today it is all about evading the mau issue in the name of political posturing by the ususal self-serving politicians who still have high hopes of gaining a place at the musical chairs on sinking ethnic boats by 2012.

tomorrow, who knows what political ugliness will be unleashed on the multitudes of unsuspecting kenyans with propensity for very short memories.

kibaki the man will always remain aloof or worse sit on (his face) the fence in the hopes that the mau issue will die a natural death along with all casualities from the other party, region and ethnicities.

there is very little of substance that is expected of him since yesterday, today and tomorrow.

he never had the b.a.lls to stand up and be counted when mungiki was slaughtering innocent kenyans living in othaya and the surounding areas, as if they were chicken or wild rabbits.

at a time when one of those confused politicians who are against mau restoration said, "wacha wenyewe waingie humo shimoni la mungiki. wacha kazi endelea, wenywe kwa wenyewe wamalizane, so that will have little resistance when the unexpected moment arises. let them dig their own graves.!!!.

btw, are you any different from those "other people" (whoever they maybe) who suffer from deeply ingrained viruses of racism (tribalism)?

let's stick to the topic as in What Is the Truth About Separation of Executive Powers in the Harmonized Draft?"

lol!!!! the devil is never in the details but s/he always hanging on the political coacktails of self-serving individuals.

Anonymous said...


Sijafika Executive, devolution etc...i have just finished chapter 6. (Just wondering if everyone else is as slow in absorbing....)

But why do i have a feeling we are giving too much leeway to the so called 'civil society'? Who are they? Are these the briefcase NGOs? Can somebody enlighten me on this?


Anonymous said...

...cont. We are obviously missing the third center of power here...


Anonymous said...

I see that Kikuyus want to have their cake and eat it. They have not learnt from 2005 and 2007. Why do they want to plunge into genocide again. Because - God forbid - if it happens again this time - it will be worse - take it from me.

Anonymous said...

anon 12.57

you can threaten genocide all you like... we still think Raila is unfit to govern and a constitution solely crafted to sneak him into the power that eludes him will not fly.

if that eating your cake and having it.. so be it. Go stick it.

Anonymous said...

Dear Kumekuchans,

Even as we discuss the Draft Constitution, we should not lose sight of the enormous suffering faced by our brothers and sisters from the Kalenjin community due to incompetent (and probably malicious) cordination and supervision of the Mau issue by Raila. Whether these citizens had a right to invade the forest or not is not a good reason for the PM to handle them like dogs. Now, innocent lives are being lost as we speak. It is evil to purport to save a tree by endangering a human life.

Raila is heartlessly evicting the Mau settlers just as Moi had done to Kikuyus who had settled in Mt Kenya and Aberdare forests. Just like dictators before him, power has gone to Raila's head. His intorelance and zeal to revenge makes him unfit to lead a multi-ethnic country like Kenya.

Anonymous said...

By Pheroze Nowrojee: Dont lie to Kenyans, PM is to be elected according to the Draft

Read it here:

Anonymous said...

kenya will soon become the land of the damned if we don't change course. so far i have yet to come across a single politician from the rift valley who is worth his/her salt?

show me one and why you think he or she is worth the mantle of constructive leadership in the region since one of the darkest chapters stained kenya's image with pev.

is there a single politician who is always willing to work harder, using his/her imagination to put his/her initiative and leadership on display for all the right reasons and at the right time for the sake of national interests?

unfortunately, seasonal demagogues like ruto and his kind from other political parties, ethnicities and regions, are no better than hyenas suffering from rabid neurosis as they gravitate toward achieving the infamous mantles of the wayward tribal politicians.

there can never be planning and progress unless there is a high regard for law and order.

the mau restoration project could have been well cordinated by the powers that be (including your very own tribal lords/gods)rather than turn the process into being viewed as the prime minister's pet project.

believe it or not, there will be no radical change in terms of political, economic, social and academic change in kenya (for the next twenty years or more) if kenya's self-serving politicians and their band of ethnic goons continue behave the they have done since the advent of kanu, nyayo, pev, mau saga and the ongoing clamouring for constitutional reforms.

am not a supporter of raila, kibaki, odm or pnu (never been and never will) but i am an staunch defender of all the protected ecological zones, a supporter of the mau restoration project and among others in within the east african region and beyond.

once again my apologies for the digression from the topic at hand: "What Is the Truth About Separation of Executive Powers in the Harmonized Draft?".

Anonymous said...

Anon 6:59am

Good for you... hugging trees before looking at the humanitarian situation. As you defend the Mau, I also do... but cant Raila plan appropriately so this is done in a manner to avoid human suffering? Why is it urgent now and not last year? and why did Raila support occupation of the Mau in 2005... Since he has SUDDENLY seen the light, can he also plan and not just react... He is very poor at execution.

Anonymous said...

I support the draft so long as.

1. Constituencies are redrawn before any General Election so that we don't have a constituency in Nbi with 10 times the number of registered voters as one in NEP.

2. Government spending reduces until there's a budget surplus despite devolution. This means massive layoffs of useless clerks who can be replaced by computers.

3. There are massive tax cuts so that the public sector stops riding on the backs of hard-working Kenyans.

Anonymous said...

The wishes of the wananchi should be supreme in the selection of the executive. If the PM is to have such executive powers as envisaged in this draft, ie. be the head of government and lead the cabinet, he/she needs to be elected by wananchi, and if he/she is to be elected by the fellow MPs, then constituencies need to be re-drawn to have equal number of voters. Failure to have that done wil be gross violation of wananchi's democratic rights and an unjust short-circuiting of wananchi's aspiration to choose who they would want to be their leader.

Timothy Mbuya
Arlington, Virginia, USA.

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