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Friday, January 15, 2010

CoE Betrayed Kenya, Planted Deadly Tension

The wide gulf between the two leading political camps on the new draft constitution beggars the question, whose views did the committee of experts (CoE) gather and synthesize? In fact the VP has already challenged the CoE to table the raw views.

Something is not quite right here. Either the CoE betrayed their mandate and deceived Kenyans by ignoring their views or the political shenanigans are back to what they know best by stroking tension in preparation for 2012.

Our politicians have thrown posterity to the dogs. Meanwhile they continue to hold us collectively hostage by the fear and interests of personalities. And the CoE did us no favour with the hybrid proposal that thought was a master stroke to bridge the divide but instead seems to be even driving the wedge deeper.

The last few days brings back the tension and division of referendum 2005 live. The coalition mongrel is tottering in the brink of collapse. Already ministers are publicly pulling in opposite direction pandering and aligning themselves for 2012.

Deceit manifests itself in various shapes and forms including contempt packaged as silence. Just look at all the nonsensical standoff between the PM and President on tree planting in Mau. The whole episode leaves you wondering and marvelling at the folly of inverted priorities.

Unless some sombre leadership prevails, the impeding referendum will do more damage and leave the country more polarized like never seen before. That would be the perfect catalyst to spark inferno come 2012.

Something or somebody must stop these selfish politicians from playing Russian Roulette with Kenya. The Katiba mirage is fast fading in the horizon.

P.S. Don't miss the sizzling weekend special this weekend;

36 comments:

Anonymous said...

EVICT AND OCCUPY! = ROBERT MUGABE

EVICT AND REFOREST! = RAILA ODINGA

Same (brute) difference, no?

Anonymous said...

As a country our greatest enemy are our politicians. How I wished some earth quake with its epicentre at Parliament buildings strike nairobi on the parliament opening day. These are people who have destroyed kenya for us and are busy raping it for our childrens children.
cry Haiti

Anonymous said...

This is a good one from Taabu.
The moment it became a tag of war between ODM and PNU, thats the moment i knew the 'Katiba' was going to the dogs. The CoE took sides and ignored Kenyans opinions. To them they were the 'experts' and knew best.

We are back to square one Kenyans.

Kumekucha Prefect.

Anonymous said...

Odinga is a saint next to Mugabe

Anonymous said...

where will the ballots be counted
Nairobi?

who will fax/phone the ballot count to Nairobi?

Oxford dictionary submission: to kenyanize an election means to create votes where none exists; to come up with a vote count that exceds the population of elected voters

Phil said...

There was never any disagreement between PNU and ODM, even after the first draft was released.

Remember then, Central Kenya MPs were chest thumping about one-man-one-vote until they were reminded about what the law says.

So when you and Jeff (Happy New Year) ask for behind the scenes political intrigues, it seems rather obvious who is behind all these bizarre goings on, isn’t it?

Q1: Who met with Uhuru Kenyatta (plus Yusuf Haji and Mardsen Madoka) early this week to discuss postponement of KANU elections, and in the process instructed KANU on what to do/say on the constitutional reform and Mau tree replanting?

Q2: Who spent the better part of the festive season hunting down Kibaki in Mombasa to discuss the phase two Mau reclamation, particularly the threats to repossess one of his prized assets in the MAU?

Q3: Who was that man who planted the ‘presidential system’ in the minds of PNU adherents at this late stage of constitutional reform (only this week)?

Q4: Who has the 2nd worst record of any leader in East Africa after Idi Amin Dada of Uganda?

Your guess is as good as mine: The King of Impunity himself!

This country will only know peace and prosperity when that Emperor of Impunity is out of the picture. He is blackmailing the current executive and his influence among those in power is known and feared. No wonder, nt everyone wants to plant a tree in MAU.

It is no secret that Mo Ibrahim Leadership Award panel has overlooked him time and time again because he adds no value to the club of elder statesmen or eminent persons that Africa is well known for. Only Somalis, whom themselves are an embarrassment to civilization, think he can mediate peace for them!

What a huge liability he is to all Kenyans!

-----------

Meanwhile Jeff, your proposal on general elections immediately after the referendum is based on which law? It's much similar to those who are propagating for a YES-YES referendum, not knowing that it is a violation of the constitution and something that simply wont happen.

Let's get the draft right. Hell, the Harmonised Draft is not very bad as it is. But if the other side cannot accept what has been brought forward by those responsible for this job, LET THE PEOPLE DECIDE. Let's put this draft to the referendum test, and we see if it true that 'Kenyans want to elect their Chief Executive'!!!

-----------

Yes, we are back to square one. You will see all sorts of efforts being made to ensure the Harmonised Draft is reviewed again and again so it can be cleverly converted into a mongrel that contrasts sharply with the views Prof. Ghai collected and collated, plus those other millions that Messrs. Nzamba Kitonga and Co received recently. The obvious intention is for Kenyans to outrightly reject the draft, once again, and then we are back to the old imperial presidency constitution.

And yes, we are bracing and are preparing for yet another round of PEV.

Kipsang said...

Who was responsilble for hate campigns againts Kikuyus.?

Who supported the worst genocide ever in Kenya over 5000 people killed.?

Who makes deals with Islam to bring Sharia law in Kenya.?

Who wants to take power through the backdoor after his failed Coup attempt which lead to even more deaths.?

Your guess is as good as mine: PM !

In all years I have lived in peace until PM obssessed with power and would do anything to to get into power messed all this up. Now you cant buy land anywhere, you can't live anywhere. Where is the Peace ?


Now he wants to plant trees for the future ? Where hay he been all these years now all of a sudden has become a conservationst.

Anonymous said...

Go tell it t the birds Taabu.

You and your ilk spent 2008 back slapping each other over your ability to slaughter and rape innocent kikuyus.

Now stripped of your murderers and your deity looking more and more lost each day, you come here sounding all nationalistic and righteous.

The other side is ready now. there wil be no sucker punches in 2012. We wont have some communist relic forced down our throats. We dont worship people Taabu, I suggest you break off that habit as well.

deroo said...

Honestly, I cry when people haggle over what is a foregone conclusion. Those who visit this blog should remember that in 2007, i said a new constitution cannot be achieved in six months as ODM had made people believe. The same people told me that it was possible. Its now going to three years and the sheninagans have just started. I fear though.

Anonymous said...

ANON 2:49 PM, My wifes exact sentiments

Mwarang'ethe said...

The wide gulf between the two leading political camps on the new draft constitution beggars the question, whose views did the committee of experts (CoE) gather and synthesize? In fact the VP has already challenged the CoE to table the raw views.

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

By the way, was there, or is there any mechanism to ensure that the views that were submitted to the COE were genuine?

Is it possible that one person may have written 200, 000 letters on an issue on "behalf" of Wanjiku, Otieno, Kiptoo etc?

Is not the purpose of a referundum not to decide a divisive issue? If yes, doesn't this Draft present that opportunity?

Anonymous said...

Let us face it we now know who is a leader and who is a fence sitter! You can cry and even bring irrelevancies into the discussion, but when you sleep at night your last thought is usually...why can't Kibaki be more of a man like Raila!

Phil said...

Blogger Mwarang'ethe said...

The wide gulf between the two leading political camps on the new draft constitution beggars the question, whose views did the committee of experts (CoE) gather and synthesize? In fact the VP has already challenged the CoE to table the raw views.


First, as independent political parties, both ODM and PNU have a right to campaign for their preferences. Infact, both parties did submit memoranda to the committee of experts. However, the sudden hardening / shifting of position by PNU is intentional and intended to sabotage the entire reform process.

Second, as I was telling guys at another forum, Kalonzo's demand is illegal, impractical, diversionary and mischevious. The PNU coalition fails to grasp the fact that the guiding principles of the Constitution of Kenya Review Act of 2008 that created the CoE compels the committee to prevail over regional or sectoral interests and also makes them solely accountable to the people of Kenya.

The act further empowers the CoE to regulate its own procedures and is exempt from the State Corporations Act.

I am happy Nzamba has already answered Judas Kalonzo with an emphatic NO. PNU cannot purport to be talking on behalf of Kenyans. Neither can it claim to be above anyone else in this process. The CoE was not obligated to accommodate all proposals!

Isnt the PNU adequately represented in the PSC and also in the Committee of Coalition Affairs, both of which are active participants in the reform process? Why call a press conference to make demands to the CoE, and at the same time send a written memoranda to the CoE with proposals for considerations, without making the same demands? You guess it right, pure mischief = sabotage. Fear that Kenyans will pass the 'wrong' draft!

Lastly, and to answer your Q on vetting mechanisms, the CoE did not rely on submissions only to come up with this draft. The draft is a product of Bomas and Wako drafts, and is alive to the events that took place in 2007/8 as well as seeking to deliver basic requirements of the AGENDA4. The fact is that we have the most researched constitutional process in world history!

Anonymous said...

Phil Said:

"And yes, we are bracing and are preparing for yet another round of PEV."

So how are you exactly preparing for another round of post election violence?

In the last 2 months, a cache of weapons enough to sustain a police station for one year was seized in Narok. On Tues, bomb was found hidden near a supermarket in Maua, Meru. And yesterday another bomb was found at Central police Stn inside a matatu bound for Nakuru, although the luggage's owner vanished in thin air, Kenyan styro! Just what exactly is cooking Bwana Phil? Looks like you have some answers. But there's no doubt the political fallout will be major and 2012 will certainly be our Waterloo. Kenya will cease to exist as you know it and that's my well founded fear. I hope and pray I'm wrong!

###################

Chris predicted 2010 to be "the year of the underdogs" and watching the the African Cup of Nations just proves it. Footballing giants bound for world cup like Cameroon, Nigeria and Algeria have been thrashed by tiny underdogs like Malawi and Benin. Need we say more?

http://burekabisa.blogspot.com/

JEFF said...

Phil,

You say... "Lastly, and to answer your Q on vetting mechanisms, the CoE did not rely on submissions only to come up with this draft. The draft is a product of Bomas and Wako drafts, and is alive to the events that took place in 2007/8 as well as seeking to deliver basic requirements of the AGENDA4. The fact is that we have the most researched constitutional process in world history!"

So, what was the need for the 30-day public exposure period for the original draft? Wasn't it for Kenyans to give views on how to improve the draft?

I agree with you that the original draft borrowed heavily on the Bomas draft and Wako. Actually, their product was the 'harmonization' of the two documents. I think their failure was not to take into account the changed circumstances.

When we came up with the Bomas draft, we had no idea how a PM's office is likely to operate. We had no idea how an unchecked parliament can be a burden to all of us. Now we know better.

We are living in a case study of a president and a PM 'sharing' power.

Still, we did not have an idea what an unchecked president is capable of doing. The 2007 scenario plus public appointments saga have made Kenyans the wiser.

We also have the benefit of knowing how mayors are elected by councilors. This is one of the key proposals in the draft to have the PM elected by parliament. The issue of how one acquires power to govern us is critical.

With all the pros and cons taken into account during the 30-day period, Kenyans were unanimous that they want one CEO, the one where the buck stops, elected directly by the people. It doesn't matter whether we will name him/her PM or president. Kenyans also called for strengthening of the other institutions to check the CEO.

But, these are all issues in your knowledge, ama.

Actually, as the PSC retreats to look at the draft, consensus is building around a presidential system with strong checks and balances.

Anonymous said...

Kipsang,

You are the most damp head ever existed in the history of the planet earth. How can a big man like you be told by another man to pick up a machete and hack another and you go ahead and do so?

How, pray, can a fellow man tell you to go and fish out another person from the land he has been occupying since birth just because he is from a different ethnic background, and you actually go and do so?

Surely, how can someone tell you to destroy the forest, destroy the rivers, destroy the natural ecosystem that are key to the sustainability of human life and you go ahead and do that?

Are you not the one dump?

Surely!

Anonymous said...

Chris in this age and time, why have you disallowed so many HTML's???
We cannot even add clickable websites??
This blog is so 20th century probably bcoz its owned by 50sth old men.

Mwarang'ethe said...

JEFF wrote:

Actually, as the PSC retreats to look at the draft, consensus is building around a presidential system with strong checks and balances.

1/15/10 1:23 AM

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Very well said. As we have noted before, a SA model would have "solved" this useless dilemma.

Now, according to the PNU and "many Kenyans" if one were to believe the submissions, want "one center of power."

If this is the case, can we have a model draft by PNU demonstrating how this strong presidency will be checked with strong checks and balances?

In other words, PNU has a number of prominent lawyers. Can they bring forth a draft of exactly what they want to see on this executive business instead of shouting in press conferences that they do not want an imperial presidency?

Mwarang'ethe said...

Although not a related matter as such, we are very happy to note the remarks of Kabando on issue of land and wealth. He is quoted to have said that:

"He said research has proven that the 10 richest individuals in the world did not have to grab land or engage in corruption but they believed in ideas to create their wealth “and restoring the Mau is a perfect idea for all to engage in and create wealth for Kenya.”

Source:http://www.nation.co.ke/News/-/1056/842748/-/vpb6wm/-/index.html

Phew! We have been talking about this issue for long on this blog (off course with attendant abuses from those who are ignorant), and we hope many young Kenyans will take this message. Without this understanding, Kenya is doomed.

Anonymous said...

The problem with us Kenyans is that we are so greedy, inconsiderate of others and motivated only by individual power and wealth. For example, since reforestation is so crucial, why is Raila adopting a timetable to plant trees in all other forests also like Mt. Kenya, Aberdares and Elgon, in addition to Mau, to motivate Kenyans into action.
As for Baba Lucy, why not co-operate with Raila to show Kenyans its time we conserved our environment and resources, but also remind him that after Mau, they should proceed to Aberdares just to show the country that not only one place is the target.

John Maina said...

the current political crisis is good for the country in the long run as its part of a gradual controlled change to the country rather than a radical revolution which would be more risky n costly it gives the slowe learner n forgetful kenyans time to absorb whats going on n soon they will be able to sort the wheat from the chaff who would have thought my bros in central would b positive to ro as many r now following his tiff with ruto so progress is happening albeit in a disorganised way

Anonymous said...

Anonymous 1/15/10 3:02 AM again.

Meant "...For example, since reforestation is so crucial, why is Raila NOT adopting a timetable to plant trees in all other forests also like Mt. Kenya, Aberdares and Elgon, in addition to Mau, to motivate Kenyans into action..."

Anonymous said...

Shame on these Somali refugees rioting in Nairobi this minute over Govts attempt to deport a fraudster, liar, cheat and CONVICTED TERRORISTS. Kenya as a nation must from this minute know we have enemies within, even after welcoming them from their war torn country.

Lukaine said...

no prizes for guessing why the comment below was rejected on the Nation Newspaper website!

while citizen and ktn were covering a national event live..KBC and NTV were airing chinese soap operas..what a laugh ok ..then at least cover the swearing in...or did it happen?

deroo said...

Now, who wants to fight who on the impending sequel of PEV???

If it so happens, then I will give the sequel a name. THE LORD of THE KILLS...The Return of the Disarmed General (just for fun)

Dont talk PEV please. Dont. It will be worse. Anyway, I dont think anybody can fight at the moment. It is primitive that we can even think of treading that route.

Anonymous said...

Some of us will never change our stripes, so, why waste time giving ... strawberries?

@2:49 PM
Oh! How I wish that it does happen one of these days as a wake-up call. Don't we reside within, around and above the fault line?

Let's not forget to throw the colonial Stale House into the mix of the epicentre as well.

People are so sick and tired of politics in Kenya.

Anonymous said...

kenyan politics is more than sickening. Infact I pity brothers who spend the whole day urguing and blogging on kenyan politics. Get a job and make yourselves busy somehow. Better still make love and bring up your kids in the right way. Atleast kenyas future could count on them.
But if you are really daring and in a hurry, then plan how to do away with our current politicians, otherwise all is in vain.

Anonymous said...

Uphill Battle: 2010-2020.

Can Kenyans unite to stop the country from sliding back into the dark shadows of the last four and half decades?

Maybe yes or maybe not. Our constructive actions, tireless efforts and Time will tell when it delivers a verdict in 2020.

Kenya's greatest public enemy number one,two and three are the parliamentarians, the usual suspects (blind constituents) seeking handouts exchange for their votes and above all 75% of Kenyans (who still espouse vitriolic ethnicity) in the diaspora.

Wishing upon an earthquake or any one of the other many natural disaters to strike Kenya is tantamount to shooting oneself in the foot after having shot the rest of the immediate family, extend family and friends in their heads.

Self inflicted disasters only breed more future man made disasters like the current house of dysfunctional parliament.

Anonymous said...

Nothing on yesterday Mau tree planting and Muslim demonstration!
Chris you should know some of us depend on this blog as for free and fair info of what is happening in Kenya and beyond.
Kiptormesendet

Anonymous said...

"restoring the Mau is a perfect idea for all to engage in and create wealth for Kenya.”

...and pigs fly.............

Anonymous said...

Is there an African with a black skin who can rule and serve his people sincerely?

Look at Africa esp, Zimbabwe, Haiti, etc. Wherever there is poverty there is a black skin.

We only know how to amass wealth.

Anonymous said...

EVICT AND REFOREST = RAILA ODINGA = THE "HUMANE" WAY!

This will backfire in such phenomenal proportions, Kenyans will be stunned. Watch this space.

Anonymous said...

There is one man fooling Kenyans and the majority of Kenyans are stupid as to believe him. Look at these examples:

1) even if it takes a century, we shall find the murderers of JM.

2) Whoever is fighting Moi and KANU is wasting his time like a Wanjiku using a razor to cut a Mugumo tree.

3) I have one wife only.

4) We shall find the culprits behind Anglo-Leasing and sentence them accordingly.

5) We shall evict all land grabbers esp in the Kenyan water towers. I'll be there personally to plant trees...

6) We shall track down all thieves who have stolen FPE funds and send them to prison.

7)..... and many more.

Isnt it sad that a Kenyan with at least a basic education still sees this man as his leader, a duly elected leader? This is a liar, a staunch supporter of impunity and corruption and a devil in Kenyan politics.

How long will it take us to be educated? Education is not a degree but awareness to differentiate the bad and the good!

Anonymous said...

THE CENTRE OF POWER

Hi Kenyans,

The CoE never betrayed Kenyans. The issue has again been politicized by tribal politicians.

The PM should be the leader of the gov in charge of all appointments and running of the ministries. He will be controlled by the parliament and the president.

Before any appointment is accepted, the parliament must accept the appointees. The president will have then to accept them before giving them letters of appointment. (NO STUPID ROAD-SIDE APPOINTMENTS a la MOI any more)

The President is the leader of the NATION who signs all laws and regulations passed by parliament before they become laws. (No dictatorship, no impunity any more).

What should have been included is a powerful Provincial gov to control PM, parliament and ratify laws before the President signs.

The CENTRE OF POWER lies within the common man. He is the real owner of this land.

Kenyans dont be misled by the tribal politicians.

Mwarang'ethe said...

Anonymous said...
Is there an African with a black skin who can rule and serve his people sincerely?

Wherever there is poverty there is a black skin.

We only know how to amass wealth.

xxxxx

The African failure is a manifestation of failure of the intellectuals/educated African.

For instance, didn't Mandela lead SA with intergrity? If so, the question is, why was he unable to push back the poverty of the African majority?

Let us illustrate. When Britain was the only industrialised nation, it went to great lengths to ensure others did not industrialise.

Seeing these deliberate efforts to keep them poor, USA, German etc had their serious thinkers (mostly lawyers who understood that law is not about winning divorce cases) devised means to defeat the British evil intentions.

From these intellectual efforts, the leaders in the USA, Germany, Japan (Japan imported an American political economist to advise them) were able to offer leadership that was in the interest of their people.

It is for this reason, in the USA, they had a slogan 'DO WHAT THE ENGLISH DID (STARTING IN 1485), DON'T DO WHAT THE ENGLISH TELL US TO DO.

Who led these slogans? Eminent thinkers like Alexander Hamilton, Benjamin Franklin, Abraham Lincoln, Andrew Jackson and Thomas Jefferson.

As anyone can see, these men were some of the greatest intellectuals the world has ever seen. They were lucky for they were not denounced as "intellectuals" as we do.

These men understood the history of economic ideas of the world from ancient civilizations. Today, which school teach this kind of "nonsense"?

No, today, they teach/brainwash with theories of "equilibrium" to African economists at London School of Economics etc where people like Kibaki schooled. So, what do you expect from such men?

The fact is that our schools are not preparing people who know what English did starting in 1485 and what USA, Japan, Germany etc did later to industrialised? This is the heart of the problem.

Seen this way, Africans intellectuals have been anable to distinguish between:

(a) physical dimensions, and

(b)intellectual/philosophical/
spiritual dimensions of social constructions.

As a result, they focus on the physical dimensions of issues like Moi, Kibaki, Raila, poverty, conflict (i.e. counting dead bodies from their tribes)etc.

Consequently, they fail to realise that as a matter of fact, Africans have been under de facto Morgenthau plans which ensures the development of FEUDALISTIC class like societies as we see in Africa or Haiti today.

For instance, we are now talking about physical environmental degradation in Kenya. However, have we considered the intellectual issues/forces behind these physical manifestations?

A proper perspective would have started from the fact that Kenya/Africa is under the triple curse of natural resources of:

- diminshing returns,
- perfect competition, and
- price volatility.

Given the reinforcement of these three deadly elements, we would have been able to realise that we are now in a state of a LOCK -IN EFFECTS in POSITIONS OF ECOLOGICAL INSUSTAINABILITY. Simply, we are locked into ecological destruction situation.

From these findings, we would come to the envitable conclusion that, there exists no other means for subsistence for our people.

Consequently, carving out a living from destroying nature is the logical INDIVIDUAL response to one's survival being challenged. However, this creates the problems for the COLLECTIVE as we see with Mau, Aberdares etc.

This kind of analysis, would offer us the most logical solution. This is that, if we continue with having an economy whereby 70% of the population rely on land for subsistence( actually, we brag about this in our statistics read by presidents), will eventually lead to desertification and a disaster of Biblical proportions in the next few decades. But, we have not done that.

So, we should be asking, where are Kenyan thinkers?

Anonymous said...

SHITTY NO LESS. WE ARE NOT *LOCKED* INTO ANYTHING--NOTHING IS INEVITABLE.

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