YES or NO; Kenya Must Decide Wisely, Act Responsibly

As I type these lines, the whole country and the rest of the world are holding their breath for Kenya. I have my voter's card next to my keyboard and I will not lose sight of it until I cast my vote early Wednesday morning.

President Kibaki has just finished his live address to the nation live from Nairobi, even as the YES and NO camps prepare their own last minute statements to the media houses. Kibaki's address was short, but put emphasis on the importance of this process.

As a Kenyan who has followed and participated actively in the struggle for reform in this country, I say a big Yes to the proposed constitution, but at the same time say a big NO to any form of threat, violence, bribery or coercion during the referendum period.

Kenya may seem to be divided over the constitutional referendum, but my hunch tells me that by this end of the day tomorrow the IIEC nerve tallying centre at Bomas of Kenya will be pointing to a massive YES win and an apparent endorsement of the draft by the Kenyan voter. The NAYSAYERS have ratcheted up a well-funded, media-savvy campaign to persuade the Kenya voter to reject the proposed constitution, but in reality they have not offered a better alternative. The anti-draft campaigners have dwelled more on half truths and distortions. It was also apparent that the NO campaigners were desperate to use the draft as a 2012 campaign dipstick.

On the contentious issues of LAND, KADHI’s COURTS, ABORTION and GAY MARRIAGES, it was embarrassing at times to watch and listen to NO campaigners propagate falsehoods against the proposed draft. The fact of the matter is, a NO vote is an endorsement of the current constitution, which is a retrogressive and mongrel constitution that was sired by the Kenyatta and Moi autocracies after endless rape of the beloved motherland. These dictators who never won an election in their whole lives, were aided by crafty individuals like Tom Mboya and Charles Njonjo. Nearly 40 years between them, we still see evidence of waste, gluttony and plunder. A whole Kenyan generation has been wasted, thanks to the current constitution. How sad.

The pro-draft campaigners have all along given us facts and it is not surprising the anti-draft campaigners have avoided face to face debates on the issue of this draft. Not that we expected any intelligent argument from people like Daniel Arap Moi (of all people) or Cyrus Jirongo, but as a democrat, I maintain that everyone retains the right to vote the way they wish. One wonders how this man Moi made it to be president for 24 years. I guess the faulty constitution and his dictatorial tendencies aided and sustained his rogue regime.

Kumekucha Blog urges Kenyan voters to make the most of this historic moment by voting YES in the referendum and usher-in the most consultative constitution in the world ever. The YES vote will determine our elevate the quality of Kenya's future governance. The new document will heal and steer the limping Kenyan nation towards constructive change and accountable leadership.

Kumekucha Blog strongly endorses the proposed constitutional draft and has no hesitation in urging the Kenya electorate to judge the draft fairly, consider what is in it for future generations and vote YES.

Voting YES means a stronger, a more united and an equitable Kenyan society. It also means giving oneself powers to change that very constitution without having to wait for four decades.

Katiba Mpya, Kenya Mpya

Comment by Chris…

History beckons, destiny beckons

I am overwhelmed with emotions as I sit down to write this brief passage withion Phil's post.

I can’t help thinking about all those people who never made it to this day. Some of them fought very gallantly for change. Others like that youngster called Brian lost their precious lives after being torn apart by a blast at Uhuru Park whose motives still remain unclear (at least officially).

For many years I have assumed that many of the political reforms I and others have been championing for here in this blog would probably be enjoyed by our children and more likely our grand children. But shockingly in a few hours Kenyans have the chance to change Kenya forever sooner than anybody thought it would happen.

I don’t remember the last time I was so lost for words. I started out this post wanting to write many words but have ended up with just a few paragraphs.

And so be it.

My appeal to you my fellow Kenyans is just to repeat what I said here earlier. And that is whatever side you choose to vote, vote with your conscience and be prepared to take full responsibility for how you vote. Don't vote and then regret later.

Still I have to agree with Phil that we in Kumekucha are GREEN all the way. My hope and prayer is that Kenyans will rise to the occasion. Let the people decide.

Chris Kumekucha

PNU and ODM Teams Return to Negotiating Table

The heat is on, as Annan says he has suspended many important assignments to be in Kenya (but PNU politicians seem to be taking the country in circles!)

After the government side introduced a new raft of demands that trashed a power-sharing deal reached in the infamous Kilaguni Lodge, it immediately resulted into a collapse of the mediation talks on Monday. But it seems all is not lost, because it now appears Kofi Annan has managed to bring the warring parties back to the negotiation table after meeting both Mwai Kibaki and Raila Odinga last evening.

As at the time of posting this, both parties were back meeting Annan and his group of eminent persons in their usual Serena Hotel rendezvous. It is unclear whether what they were unable to agree on Monday had been sorted out with their respective principals.

In order to achieve normalcy in Kenya, Annan and the international community are in agreement with the ODM in its quest for an immediate political settlement arising out of the disputed December 2007 election before deeper negotiations and agreements can be reached on the issue of constitution review. That immediate political settlement is: POWER SHARING.

Earlier Koffi Annan's aide had told CNN that the Chief Mediator would be leaving Kenya unless the protagonist reached an agreement. Annan himself issued a statement saying:
"After four hours of intense negotiation this morning, the team made almost no progress on reaching an agreement on government, I had to conclude that they were not capable of resolving the outstanding issues."

Annan's diplospeak is hardly revealing any failure, but it is revealing huge frustration and disappointment orchestrated by the Government side led by Martha Karua. Matters were not helped by the fact that the Local government minister - Uhuru Kenyatta - was engaging in blatant abuse of power by trying to influence (read-rig) the Nairobi and Nakuru mayoral polls in favour of PNU. This morning, the ECK Chairman, Samuel Kivuitu has uncharacteristically come out in support of ODM and disowned Uhuru Kenyatta with regard to the nomination of Esther Passaris by ODM.

Back to the Annan led mediation talks, Annan has been in Kenya for more than a month trying to resolve the elections crisis and it is said that it is the longest period he has spent on any conflict resolution. Annan met both Raila and Kibaki Monday evening and released a statement saying: "I believe that the Panel of Eminent African Personalities working with the Kenya National Dialogue and Reconciliation has done its work. I’m now asking the party leaders, Hon Raila Odinga and President Mwai Kibaki to do theirs."

PNU Accept Creation of PM Post As Visa Bans Are Withdrawn

ODM and PNU negotiators under the chairmanship of Mr Kofi Annan (centre) pray at the beginning of Wednesday's session at Serena Hotel, Nairobi. Photo/PETERSON GITHAIGA (NMG)

Surprise, surprise as the season of climbing down reaches Kenya at long last

After last night’s ‘burning midnight oil’, Kenya Government aka PNU have this morning in principle agreed to the formation of the position of the prime minister’s post, according to sources close to the mediation team. Reuters have also published the news here.

While going for a break last evening, most of the negotiators declined to talk to the press who have for the last one and a half months set up permanent camps outside the Serena Hotel where Kofi Annan resides and where the mediations talks are being held. William Ruto, however, could not help it, but flash a wide grin! Last evening session which went on to this morning was primarily to discuss the contentious PM's post.

Mediation teams ‘held by the balls’ – literally

The detail are still sketchy but it is not lost on observers that US President George Bush has spoken about the Kenyan Crisis at nearly every press conference he has addressed ever since he arrived in Africa on February 15th. More importantly, Secretary of State Condi Rice visited Nairobi on orders from her boss and held meetings with both Mwai Kibaki and Raila Odinga. Rice is said to have privately reprimanded Kibaki and issued an ultimatum that the US President wants to see an agreement reached before he departs the African continent. Bush is due to depart Africa today 21st February 2008 after visiting Liberia, his last stop of the African tour. Will a deal be reached today?? Probably. Listen to this: “We all want a peaceful Kenya, so let us all agree on a common agenda for our country. This is the reason I want us to work with even those we competed with in the last general elections,” said President Kibaki.

Interestingly, in a classic case of ‘you scratch my back and I scratch yours’, diplomatic sources in Nairobi reveal that following Secretary Rice’s visit to Nairobi, the dreaded visa bans imposed on Martha Karua and William Ruto have now been withdrawn from the list that included who-is-who is Kenya's lucrative political and business circles. Whether this was a precondition of reaching an agreement as demanded by the international community remains unclear. The visa ban threat had affected power brokers within government so much so that two teenage children of a powerful cabinet minister were reportedly ‘deported’ back to Kenya from their US universities last week.

Back to the creation of the Prime Minister’s post, it will be interesting to find out if PNU has bowed to pressure and accepted ODM’s demands for a PM’s post with executive powers.

If this is the case, Kenya's next parliament session will be interesting to watch because, for instance, Kalonzo Musyoka (and his ODM-K brigade) will cease to occupy the leader of government business seat and give it up for the in-coming Prime Minister.

More updates on this later.

Truth and Reconciliation With Justice

Kofi Annan appear to have his hands on Kenya's pulse by aptly recommending a truth and reconciliation commission. That is an idea which is long overdue given our history of MISRULE. But to spoil the party comes the honest and brutal question: can Kibaki walk the talk given this history? Only time will tell but I must hasten to add that you don't have to be a genius nor a sooth sayer to see where we are headed -deadlock.

Annan may be through with the easy part. His cleverly crafted his peace agenda by prioritizing on less controversial issues first. Coming to agreement on sorting out the violence and finding a satisfactory humanitarian response to tens of thousands of maimed and displaced Kenyans is the easy part.

The crux of the matter lies in the next tackling the POLITICAL DIMENSION to the crisis. And that will definitely mark the point of departures among the hitherto agreeing negotiators from both camps. The naked and unpleasant truth is that Kibaki is simply buying time and fooling the world with motions bereft of no meaningful movement politically or otherwise.

Let us be REAL for once and accept the bitter truth that nobody risks his/her reputation by sacrificing hundreds of lives only to STEAL an election and give the voters back their rights. More so if the thief holds the monopoly of force. Add this to the tribal cabal waiting in the wings for any trace of opportunity to strike Kenya
dead so as to scavenge on the resulting carcass disguised as INDUSTRY.

Well planned electoral theft
Make no mistake, the ELECTORAL THEFT didn't just happen. Kibaki knew what was awaiting him by close of polling stations on December 27, 2007. He had all the time since referendum to plan with the help of supremacists and old hands from previous regimes. The NSIS had all the facts and the campaigns were just decoys like the 6% economic growth to pull wool over our eyes as the RAPISTS schemed for the ultimate attack on our rights.

The non verbal language and the speeches from Kibaki give him away. His colonial model of RULERSHIP can fly but he has his fingers on both the trigger and extinguisher. You know as well as I do which option he prefers to hold dear. ti Kibaki's government is open to anything that FALLS WITHIN KENYA'S CONSTITUTIONAL AND LEGAL FRAMEWORK. What a refreshing and innovative yet obstructive conditions? Lies and deception have never come so beutifully painted.

Kibaki is doing very well by exporting his brand of deception. He must have felt sweet telling other leaders in Ethiopia that he believes he won the election fairly and all the trouble since the election has been stirred up by the opposition. Nobody has ever collectively abused his audience with such balderdash knowing who wields the guns and power.

Poor Annan
I don't envy Bw Annan any inch. He may be having all his heart in the process but I am also very certain he cannot reconcile his efforts to the reality staring him in the eye. Heavy international pressure yes, but not for how long with Chad smouldering already up north. Already Annan has ruled election re-run out of the equation. Kofi fears conducting a re-election will results in more violence. Furthermore, there is no guarantee that either side would accept the outcome of a second presidential poll. The former UN boss is already neck-deep in this murk.

There is no manual to contain a national uprising. Kibaki never saw it coming and he will resort to any CRUDE TOOLS (including Mungiki of course) he can lay his hands on to maintain the status quo. Call me a pessimist if you please but Kenya's problem lie squarely on her weak deep-seated institutional foundation. Kibaki and his cronies don't have what it takes to shape Kenya.

Either way Kibaki is not baking his cake and feasting on it. The die is cast and Kenyans are out in both flesh and blood to reclaim their birth right. Kibaki's apologists can fly their sectarian kite all the much they want oblivious of the fact that the leash has snapped and the phantom remains rudderless in the sky. We value our backs too, no more ridding on them. Politico-economic justice no less.