Kibaki-Raila: Benefits of negative energy in quest for New Law

How Kibaki/Raila gaffes and goofs catalyzed quest for New Law

Updated on: Tuesday, July 5, 2011 Story by: MEEME JOSHUA

Love them or hate them, President Kibaki and PM Raila Odinga have earned themselves chapters in Kenya's history books. Admired for his tenacity and feared for his resolve, Raila attracts friends and foes with equal measure. For good reasons Kibaki will be missed by many. He as though made enough enemies with his gaffes and goofs that has accentuated his tenure of leadership. Its see-no-evil-indifference that paradoxically goaded Kenyans into demanding a better constitutional order. Without which Kenyans could have been contented with the old constitution. Let us take a walk down memory lane. Moi disbanded Ghai led Constitution of Kenya Review Commission, but no one raised a finger. Kenyans waited with baited breath for their chance to exit Moi through Yote yawezekana bila Moi (Everything is possible without Moi).

Moi went back to Sacho but Moism remained. The old ways of governance remained to haunt Kenyans as majority of politicians were still captive of Moi's autocratic way of leadership anchored under the old constitution. Joined by hip like Siamese twins Kibaki and Raila became the centres of influence in politics. All issues gravitated around these two gentlemen after Moi exit.

However, it was an example of different players using the same set of rules of the game. Impunity reigned, corruption was carried forward: from Goldenberg to Anglo Leasing finacial scandals. Under Kibaki, Kenyans were voted as the most optimistic people in the world! However, expectation comes with an equal measure of frustration. Optimism that characterized Kenyans slowly slid into cynicism and later hostility against Kibaki leadership. Kenyans discovered that the problem was not the persona of Moi but the Constitution that give him power to rule with an iron fist. Even as President Kibaki is credited for his broken promises, PM Raila has earned a tag of disgruntled person.

Before the unceremonial defeat, Raila had been frustrated by Moi after Uhuru was anointed at Kasarani Delegates Conference to take over mantle of leadership through the then ruling Kanu. Raila was jilted and jumped ship with a group of loyalists including Kanu's two other vice-chairmen Kalonzo Musyoka and Musalia Mudavadi. After Kibaki formed the first after Moi government, Raila still remained an unsatisfied man in the Ministry of Roads. His 'gentleman's agreement' with Kibaki had not been honored.

Credit will go to President Kibaki for being 'gentleman' enough to reject MOUs. If Kibaki ruled as Kenyans expected, we could have stuck with the old-bad-oppressing constitution. Kibaki's demeanor became the catalyst for the quest for new constitution. First, was MOU with Raila after endorsement of Kibaki Tosha slogan. Not long 'Gentlemen's agreement' on power sharing between Kibaki and Raila was overtaken by demagoguery kitchen cabinet code named 'Mt. Kenya Mafia' that was busy sampling trappings of power. It was what late Kijana Wamalwa termed as tension fueled by Railamaniacs against Railaphobias. The government was sharply divided.

With bungled MOU and untimely death of Kijana, Narc dream turned into nightmare. Raila went whole hog to rock the government that he was serving from within until he was sacked three years later. It was after the government was embarrassed after Wako Draft was rejected in the referendum, that Kibaki ran the government for one month without a cabinet. This was a moment of allowing reality to sink: ODM brigade was bundled out of government. Dec 2005 ministers appointed including Charity Ngilu(Health), Musikari Kombo (Local Government) and Orwa Ojodeh (Environment and Natural Resourcces) with a retinue of assistant ministers turned down the offers; and Kenya turned another page in history where President's directive could be rejected, ignored and opposed without fear of repercussions.

Fate has a peculiar way of shaping our destiny. Post election violence of 2007/8 came at the nick of time to nail the point home: need for constitutional reforms. But a reality check was the day of promulgation when Kenyans broke away from their oppressive past. Though there is nothing we can do to erase the scars, there is no gain without pain. Then came the circus surrounding the meaning, interpretation and application of the word 'consultation' as envisioned in the National Accord that formed the coalition government. If PM Odinga was consulted in the appointment of judicial officers then implementation of the Constitution could have started from the wrong footing. President Kibaki receded the decision again. It was another moment of reckoning when the feared presidential prerogative was demystified. A president could back down his orders due to public pressure?

Now we have new law but Kenyans are still thinking in the old way of being at the mercy of imperial feared presidency. Hangovers and inertia of yesteryears will pull us down and weigh down on us, but it upon us to shed the old ways for the sake of survival of New Kenya. Just like an eagle that must beat its beak and claws, pluck its feathers, Kenyans must take painful but necessary steps to redeem this country by concentrating power in institutions. Public must keep vigil.

Kenyans never received New Constitution on a silver platter and so its implementation is not likely to come on easily, either. Any person that stands on the way of Kenyans unity and culture of constitutionalism, will definitely be ran over. Going to Parliament is no longer coveted prize; where people went to seek political insurance to cover their ill-gotten wealth. Presidency will no longer be the vantage point to channel resources to one's community. It is a new Kenya that every Kenya must own.

Email: joshmemento@yahoo.com