Is Raila Odinga evil or a man whose hands are tied?

You can be sure that decades from now when political scientists and historians sit down to analyze this period in Kenyan history they will all agree it was a very critical time in our history. But another more interesting point can quickly be brought forward. And this one has to do with the executive and the damage that it is causing.

There was a time when those crafting our constitution had thought of diluting the powers of the presidency by introducing a Prime Minister. This was an ideal, almost magical way to bringing impunity to an abrupt end. The writing should be on the wall for them now. It just doesn’t work. Guys we have a classic case of a Prime Minister and a president combining extremely well to sustain the evil of impunity in the executive.
Shocked Kenyan have watched in disbelief as some of their previously most trusted legislators have gone to the extent of threatening to shut down KACA and putting a stop to the war against corruption that has now reached previously unknown heights. Na bado (as my good friend Tabuu would say).

Whatever ODM hawks want to say this is NOT the Raila Odinga I voted for (along with so many other Kenyans) in December 2007. Surely this is not the man who pledged zero tolerance to corruption. What does the office of the executive do to Kenyans? Kenyatta, Moi and Kibaki were all good men before they became president. Even Raila was a better man before he became Prime Minister and a member of the evil executive arm of government.

Still it has been interesting how several politicians have carefully avoided criticizing the PM directly and instead talked about ODM MPs misleading the captain. Including one Francis Atwoli who has presidential ambitions. What hogwash. Where does the buck stop? With ODM MPs? Please!!!

Fellow Kenyans the two principals have been working together very closely, just as we had hoped when they were going through a rocky patch at the beginning of their marriage of convenience. But sadly this time they are working together for our good but for their very own personal interests. They are doing exactly what the previous executive has been doing since indipendence as documented so well in my controversial book Dark Secrets of the Kenyan Presidency. Indeed it seems the security of the state is now the political survival and well being of the Member for Othaya and the member for Langata.

A case in point is all this well choreographed hypocritical noise being made about Henry Kosgey’s being charged in court (albeit the first sitting cabinet minister in the history of the republic of Kenya to be charged in court). The noise is being made by ODM MPs while clearly the charges have presented the perfect opportunity for the man not to make it to the Hague for more serious charges of crimes against humanity. Instead he will conveniently be bogged down in an unending court case back home.

But let me be the quick to admit that there is a level of unfairness here that most Kenyans may not be aware of. In the early days of the grand coalition government, the main task assigned to the NSIS was to investigate corrupt ODM ministers while ignoring PNU ministers. That was unfair. And although few will admit it, the tip that led to the current charges against Kosgey came from the intelligence community. So in that sense there was unfairness.

However things have balanced themselves out somewhat because other cases have been instigated by the press and pressure from the people. Like the one against former foreign minister Moses Wetangula and the sale of the land for the Kenyan embassy in Japan. Wetangula is from the PNU side of government and talk is rife that the Minister might make a court appearance soon. Still other sources assure me that the folks involved in that Japan saga “are too high up” meaning that they are too close to the president and therefore successful prosecution will be impossible and the case will go the same way the Kimunya sale of Grand Regency scandal went. That means absolutely nowhere.

Having said all that it is also true that there is no way impunity will be fought by trying to carefully balance things along party lines. Graft is graft and has no tribe or political party.

Clearly it would seem that what KACA and it’s chief PLO Lumumba have achieved in recent times has sent panic waves through the corridors of power. This has caused people to dig up skeletons from PLO’s closet (and there are plenty from the days he was rolling in bed with Kanu and the impunity of President Daniel arap Moi as he struggled to establish himself as a lawyer). Nobody wants to know that this is the new Lumumba now seeking to leave a legacy for himself in a very different political environment.

Meanwhile the executive with all it’s power is unraveling a carefully crafted plan that will neatly deny Kenyans their promise in a new implemented constitution while playing the same old games that have landed us into the very serious trouble we are already in as a nation.

Githongo and Ghai's initiative to rescue Kenya from Impunity


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