Kenya Election Watch: Weekly Updates

Week of July 19-25, 2002

Summary: Welcome to this edition of Kenya Election Watch’s Weekly Updates! Here, we provide our readers with summaries of news stories covering the election, constitutional reform, and related issues culled from Kenya’s two major daily newspapers: The Daily Nation; and The East African Standard. Each month, we pick out the major events from these weekly updates and post them on the main Kenya Election Watch page, along with one or two analysis pieces. The "week" period normally covers Fridays to Thursdays. We also provide a brief summary of the major trend or event of the week. Mary Wabwire and Cathy Majtenyi compiled this week’s update. For more information or comments, contact Kenya Election Watch editor Cathy Majtenyi at: cathymaj@hotmail.com

An interesting development this week is the motion put forth by Dr Mukhisa Kituyi (Kimilili, FORD-Kenya) that a special House committee be formed to investigate the origins, nature, extent, and ramifications of "organised political gangs." This is coupled with calls from the likes of Ugenya MP James Orengo and others that the Akiwumi Report on tribal clashes that documents clashes that took place in various parts of the country between 1991 and 1997 be released to the public. For his part, Attorney-General Amos Wako is challenging a High Court decision ordering the government to release the Akiwumi report to a victim of the 1997 Likoni clashes in Coast Province. And, Gabriel Mukele, vice-chairman of the Electoral Commission of Kenya, calls for the commission to be given more powers if it is to effectively contain election violence. It seems as if concerns about election-related violence are accelerating from many different quarters, perhaps wanting to avoid the violence of the pas t.

Acronyms

All throughout the chronology and updates are sprinkled acronyms referring to various committees, commissions, political movements, etc. Here, we spell out these acronyms and provide some brief background information.

CKRC = Constitution of Kenya Review Commission. Chaired by Prof. Yash Pal Ghai, the 27-member group collects the views of a wide cross-section of Kenyan groups and individuals. The commission is supposed to present Kenyans with a new constitution on October 4.

PSCCR = Parliamentary Select Committee on Constitutional Review. Chaired by Raila Odinga, Minister of Energy, the committee monitors the work of the Constitution of Kenya Review Commission (CKRC).

KANU = Kenya African National Union, the party that has ruled Kenya since independence. Daniel arap Moi is the president of Kenya.

NAC = National Alliance for Change. This is a grouping of the Democratic Party, FORD-Kenya, National Party of Kenya (NPK), FORD-Asili, the unregistered Saba Saba Asili, SPARK, and several advocacy groups. The group is striving to field one presidential candidate.

KPC = Kenya People's Coalition. This is a grouping of FORD-People, Safina, the Labour Party of Kenya, and the National Convention Executive Council (NCEC).

MPs = Members of Parliament. Currently, the House contains a total of 222 MPs.

 

Events

The Daily Nation, July 19 – An electoral guide map showing the country’s 210 constituencies and pattern of voting in the last elections is launched. The Kenya Democracy Map also lists 47 registered political parties as of June 3, their national chiefs, civic wards, number of registered voters, population in every constituency, and the number of women who contested the 1997 general election. According to James Mwaura Wamahiu, the firm’s marketing manager, the map is targeting voters, political parties, and the general public. "Kenyans need no longer vote blindly because of lack of information," he was quoted as saying.

The Daily Nation, July 19 – NAC will launch its nationwide campaign with a rally in Mombasa on Saturday 27th, it is announced. This is meant to mark the beginning of the group’s campaign ahead of the general election. The launch will be followed by series of meetings in other parts of the country, mainly at provincial headquarters.

The Daily Nation, July 19 – Magdalene Kimng’etich, Rift Valley Coordinator of the National Council of Women of Kenya, tells a CKRC hearing that the new constitution must reflect the views of women – particularly on gender discrimination – that they put forth at CKRC hearings. She suggests that a prime minister’s post earmarked for a woman be created. In addition, women should be allocated a ministerial post to boost their involvement in decision-making, she says.

The Daily Nation, July 19 - Two MPs say KANU risks losing the general election if Local Government Minister Uhuru Kenyatta is its flag-bearer. "Kenya’s next president will not be elected at the market place…. People must have a say," MP Odeny Ngure of Rarieda was quoted as saying. Meanwhile, opposition MP James Orengo accuses President Moi of creating political dynasties. As tensions build up, reports indicate that President Moi had summoned senior politicians to back Kenyatta for president. This debate has split KANU in the past three weeks.

The Standard, July 19 – President Moi says that his impending retirement does not mean that he will be relegated to an insignificant position. President Moi says he will still be active after the expiry of his term in office. He plans to retain the chairmanship of KANU and would spend time addressing problems affecting Kenyans all across the country and give them political guidance.

The Daily Nation July 19 – In a commentary appearing today, opinion editor Kwamchetsi Makokha writes that: "Finally, Mr. Uhuru Kenyatta has put his mouth on automatic pilot and revealed that a great ambition burns inside his humble breast… Even as the President’s closest confidantes have taken to embarrassing the ministers with undeserved praise, he has sustained a loquacious breeziness…" Makokha writes that Kenyatta’s political future hinges on three sectors of endorsement: his patron President Moi; his party KANU; and a fraction of the voters. Many observers, he writes, cannot believe that President Moi sees a winning candidate in Kenyatta. They argue that the president is stringing the young man along, together with voters in Central Province, to irritate the opposition. However, Makokha observes that Kenyatta stands in good stead within KANI because of President Moi’s support and also because he holds one of the four vice-chairmanships that designate likely heirs to the ch airman.

East African Standard July 19 – In a commentary appearing today, Kenya People’s Coalition leader Simeon Nyachae gives his views on NAC’s presidential nominee. The common assumption that KPC is posing an obstacle to the search for a single presidential candidate is erroneous, as the KPC is not among those advocating that option. He says the argument in favour of opposition unity, as espoused by NAC, is premised on a number of assumptions: the foremost agenda of the opposition is to remove President Moi from power and that is an end in itself; votes KANU garnered in previous elections were fewer than those that the combined opposition received, and therefore if the opposition united behind one candidate, their votes would be more and therefore would defeat KANU; and any opposition candidate can defeat any KANU candidate. He says the danger with focussing on a single presidential candidate is that it becomes an end in itself, so much so that little thought is given to what is con sidered to be the princi pal and central aspect of the practice of politics in Kenya, to bring about real change in terms of growth and development. Nyachae writes: "This is why we are of the view that a mere insistence on the candidate rather than the comprehensive changes desired for the country is to shoot first and aim later."

The Daily Nation, July 20 – President Moi comes out in strong defence of his choice of successor, saying that Kenyans would regret it if they reject his advice. The president says that after many years at the helm, he is best placed to know what was good for Kenyans. He says: "Having led you peacefully for the past 24 years, I would not like to hand you over to a leader who will shepherd you to anarchy but to one who will enable you to continue enjoying the peace and stability that we have had under my leadership."

The Standard, July 20 – Two factions of the Social Democratic Party (SDP) clash in the Parliament buildings when one group storms into a function called by its rival. Moses Ng’ang’a Muihia says that a faction led by nominated MP Prof. Peter Anyang’ Nyong’o is comprised of "impostors." Muihia says that he, rather than Anyang’ Nyong’o, is the chair of the party’s political bureau.

The Daily Nation, July 20 – A faction of The Social Democratic Party disowns chairman Ugenya MP James Orengo, claiming that he has not yet resigned from his former party, FORD-Kenya. SDP member and Dagoretti MP Beth Mugo challenges Orengo to quit FORD-Kenya and go to the elections on an SDP ticket. "One cannot be a member of one party and chair another party at the same time," Mugo is quoted as saying. "We are not against Mr. Orengo, but we want him to follow the procedure."

The Standard, July 20 – Local Government Minister Uhuru Kenyatta receives a boost as several leaders from Western Province, Central Province, and Taita Taveta District back his candidature for the presidency. Among those who support Kenyatta are Cabinet Ministers Cyrus Jirongo and William Ruto. Seven KANU branches in Central Province also back Kenyatta.

The Daily Nation, July 20 – An attempt to disrupt a funds drive in Butere presided over by Local Government Minister Uhuru Kenyatta fails. Police confront more than 50 youths flashing pro-Musalia Mudavadi and Butere politician Wycliffe Oparanya’s placards while they head to the rally. Kenyatta is among those who had been invited by a local MP to conduct the harambee.

The Daily Nation, July 20 – The National Conservative Party of Kenya changes its name to the National Alliance Party of Kenya. This has raised speculation if it could be the umbrella opposition party in the General Election. The use of the name NAC has been disputed by another group, led by Nginyo Kariuki, who has registered a party by the same name.

The Daily Nation, July 20 – In a commentary appearing today, opinion editor Wycliffe Muga writes on one of the great mysteries of Kenya’s politics: Why Simeon Nyachae, head of Kenya People’s Coalition, has not joined the NAC. NAC suggests that a significant political leader can sacrifice his or her own presidential aspirations and successfully swing the bulk of his or her supporters behind another. Muga suggests that something similar will be demanded of KANU once its presidential candidate has been selected. Is Nyachae convinced that neither KANU nor NAC will survive its presidential nomination process and that the two gigantic structures are built on sand?

The Standard, July 20 – A commentary appearing today says that the issue facing KANU is not who will be heir to the throne, but whether the party will allow tolerance to constructive criticism, accountability, and transparency. "Knowing the level of consciousness and the compelling urge for reform that has been the hallmark of new KANU, I can vouch that this won’t be another decibel democracy," says the commentary.

Sunday Nation, July 21 - The government must release the Akiwumi Report on tribal clashes that rocked various parts of the country between 1991 and 1997 or face mass action, says Ugenya MP James Orengo. He urges President Moi to comply with a court order that recently directed Attorney-General Amos Wako to release the report as requested by a Kwale farmer. "But if President Moi fails to do so, we are going to mobilise Kenyans to demand the release of the report through mass action," Orengo tells thousands of people gathered at a pro-reform rally at the Tononoka grounds, Mombasa. Among those at the joint rally of the Social Democratic Party, Safina and the National Convention Executive Council are MPs Paul Muite and Moses Muihia, SDP secretary-general Apollo Njonjo, and activists Pheroze Nowrojee, Davinder Lamba, and Khelef Khalifa.

Sunday Standard, July 21 - KANU rebel MP Kipruto arap Kirwa wants President Moi given full immunity when he retires at the end of his term. He warns that Kenya risks disintegration if the next government pursues an agenda of revenge against President Moi and his supporters. "Whether it is the opposition or KANU that wins the elections, the priority should be to forge ahead and ensure that the country gets back to growth. It should not be a case of trying to be vindictive because this is bound to open up old wounds," the Cherengany MP is quoted as saying.

Sunday Nation, July 21 - A faction within KANU consisting of MPs and former officials of the now defunct National Development Party come out in the open to stake a claim to State House. During fundraisers in Western Kenya, local MPs told the people to forget the presidency, which is "already taken" and instead gun for the vice-presidency. Cabinet Minister Cyrus Jirongo and Butere MP Amukowa Anangwe – both rivals of KANU vice-chairman Musalia Mudavadi – say they support Local Government Minister Uhuru Kenyatta. Meanwhile, in Nairobi, the NDP faction challenges President Moi to explain why he prefers Kenyatta over Vice-President Prof George Saitoti, KANU Secretary-General Raila Odinga, or the other vice-chairmen, Noah Katana Ngala and Mudavadi.

Sunday Standard, July 21 - Ugenya MP James Orengo predicts that the opposition will not win the next general election. He says opposition MPs must be consistent, adding that there was no "winning’’ if most of the stake- holders have served in the KANU government before. Referring to Simeon Nyachae (Kenya People’s Coalition), Mwai Kibaki (NAC), and Kenneth Matiba (Saba Saba Asili), Orengo says it is impossible for MPs who have earlier served in the KANU government to "pretend’’ to be forefront reformists. "They are cheating themselves. Most of them are not true reformists and that is why there are a lot of rifts in the Opposition," Orengo was quoted as saying.

Sunday Nation, July 21 – A commentary by political scientist Mutahi Ngunyi appearing today notes how, if Kenyans don’t take the advice of President Moi to vote for who he thinks would be a good presidential candidate, he warns that Kenyans will be sorry that they didn’t listen to his advice. "In other words, he is threatening the country that we either vote for Mr Uhuru Kenyatta or suffer the consequences of rejecting him," writes Ngunyi. "But in my view, the President should stop patronising us. He must have faith in the fact that in his absence, and without his arm-twisting, we are capable of electing a leader to replace him." He writes that that President Moi’s endorsement of Kenyatta cannot be taken seriously because President Moi "is used to playing games"; Kenyans are waiting for the time that President Moi will dump Kenyatta. "And I submit that the reason why the President has picked on him [Kenyatta] is primarily because he is Kikuyu and the community is expected to em brace him!"

Sunday Nation, July 21 – Columnist Philip Ochieng’ argues that State House is never occupied by an age group or tribe, only an individual, and that no tribe or age group benefits just because a member is the chief executive. "That the Kikuyu were the exclusive beneficiaries of the Kenyatta presidency is a cruel myth. That the Kalenjin enjoy all the national cake during the Moi presidency is a dangerous yarn that a ruling class is apt to spin to draw attention away from its crimes," he writes. "The tribe is simply the subterfuge into which the ruling class – which is made up of all tribes – rushes to hide its own criminality. To get the tribe's vote it persuades it that this crime – packaged as "development" – is being perpetrated in its name." He says it would be unfair to judge Kenyatta by his tribe and his father, Jomo Kenyatta, the first president of Kenya.

Sunday Nation, July 21 – A news analysis appearing today says that when, last week, Alego-Usonga MP Peter Oloo Aringo took a brave stand against the increasingly pro-Uhuru Kenyatta chorus as KANU’s presidential candidate in the general election expected later this year, "it appeared rather incongruous, whining and coming rather too late in the day." The article notes how long it took Aringo and company to notice that President Moi was "dead serious" that Kenyatta would be his successor; rather, Aringo and the others chose to ignore the many signs of how others – such as former KANU Secretary-General Joseph Kamotho - were sidelined in favour of Kenyatta. And, as election time draws nearer, "President Moi is showing no signs of relenting in his campaign for a Mr Kenyatta candidature."

Sunday Nation, July 21 – A news analysis appearing today reports that a rumour circulating in political circles is that the dissolution of Parliament could be done as early as September 25, which would mean all essential systems for the general election would be ready by November 25. President Moi’s directive last week that civil servants and parastatal chiefs wishing to run for elective political posts resign their jobs by August 15 was the loudest hint so far that the general election is looming, most likely before the end of the year, says the article.

The Standard, July 22 – Opposition politician and FORD-Asili secretary general Martin Shikuku calls on the Electoral Commission of Kenya to disqualify candidates who are likely to fuel violence in the next general election. He says candidates whose supporters will engage their rivals in violent activities during the campaign should also be disciplined by the commission.

The Daily Nation, July 22 – It is the voters, not a clique of politicians, who will decide who the president is going to be, say a cross-section of leaders including Assistant Minister Moody Awori, SDP’s Beth Mugo, DP’s Martha Karua, and former Butere MP Martin Shikuku. They were reacting to a statement made by Cabinet Minister Cyrus Jirongo and Butere MP Amukowa Anangwe, who support Local Government Minister Uhuru Kenyatta for president.

The Standard, July 22 – Thirteen KANU MPs say they fully back the call for Local Government Minister Uhuru Kenyatta to be KANU’s presidential candidate in the upcoming general election. They teamed up with Cabinet Minister Cyrus Jirongo and Butere MP Amukowa Anangwe, who led a tour in Kakamega and other parts of Luhyaland to marshal support for Kenyatta. The tour included Assistant Minister William Ruto, Mohammed Affey, and Samwel Poghisio.

The Standard, July 22 – Six MPs belonging to the Democratic Party back DP chairman Mwai Kibaki as the best single opposition presidential candidate. They describe him as experienced, wise, and financially fit, as compared to the other partners comprising NAC.

The Standard, July 22 – The CKRC invites applicants to replace the late Dr. Oko Ooko Ombaka, who died last week. Ombaka, who died of a long-term disease, was the CKRC’s vice-chairman.

The Standard, July 22 – An analysis piece appearing today discusses the Central Depository Unit’s report on electoral violence that was released last week. The report lists incidences of assassination, assault, torture, threats, intimidation, political thuggery, arson, looting, destruction of property, eviction, violent disruption of public meetings, closure of party and campaign offices, and other destructive happenings during past election campaigns, the most glaring examples being the 1992 Molo clashes and the 1997 Likoni killings. The author talks about other types of violence – lynching, students venting their anger on teaches, etc. – that plague Kenyan society. "In Kenya, a large number of those bent on winning political competition through violence have perfected the art," the article concludes.

The Daily Nation, July 23 – The government moves to the Court of Appeal in a bid to block an order to release the Akiwumi Report on tribal clashes. Attorney-General Amos Wako is challenging a High Court decision ordering the government to release the report to a victim of the 1997 Likoni clashes in Coast Province, just before the 1997 general election.

The Standard, July 23 - KANU Secretary-General Raila Odinga returns from a trip abroad and promises to soon issue a comprehensive statement on the raging succession debate. Odinga, responding to journalists' requests that he comment on the issue in which his name has featured, says he will have to study the latest political developments before making any detailed remarks. However, Odinga, who is the Minister of Energy, says the debate on the presidential succession should continue because it is healthy and a sign of democratic maturity. Odinga’s name has recently been featured in the presidential succession debate alongside other top KANU leaders, including party vice-chairmen Uhuru Kenyatta, Musalia Mudavadi, Kalonzo Musyoka, and Noah Katana Ngala.

The Daily Nation, July 23 – Mama Ngina Kenyatta, the wife of former President Jomo Kenyatta and mother of Local Government Minister Uhuru Kenyatta, tells residents of Gatundu South that her son is fit to lead the country and asks them to back him. "Charity begins at home," she is quoted as saying. "Other people have shown us the direction the country is headed for; let’s unite with them and God will show us the way and lead us across the river to a place of His choice."

The Daily Nation, July 23 – Special arrangements will be made to allow prisoners to give their views to the CKRC, says secretary Patrick Lumumba.

The Standard, July 23 – A lobby group to campaign for Local Government Minister Uhuru Kenyatta is formed in Coast Province. Leaders of Coast-for-Uhuru say they will mobilise support for Kenyatta, one of the four KANU Vice-Chairmen, and propose to lead KANU’s "onslaught for victory" in the general election. The chairman of the group, businessman Mohammed Amadoo, said the group has already arranged functions, including fundraisers, which Kenyatta can preside over in Coast Province.

The Daily Nation, July 23 – Democratic Party chairman Mwai Kibaki will not be the automatic presidential candidate for NAC, say FORD-Kenya MPs Raphael Wanjala and Newton Kulundu. Wanjala claims that the Luhya ethnic group will not support Kibaki, and that Kibaki should retire with President Moi.

The Standard, July 23 – NAC is not preoccupying itself with who is KANU’s presidential candidate, says Leader of the Official Opposition Mwai Kibaki. Instead, NAC seeks to weed out the entire KANU system, which has impoverished Kenyans, he says. "Kenyans are waiting for the day the opposition will take over the leadership of this country," Kibaki was quoted as saying.

The Standard, July 23 – A commentary today says Kenyan’s "hands are woefully tied" when it comes to firing MPs who fail to perform their duties. "Whether their MP habitually sleeps during motions in Parliament, makes technical appearances in the House, and lives permanently in Nairobi, they can do nothing about it," says the commentary. It criticizes the MPs’ recent enormous pay increases, denounces the fact that the electorate is rarely, if ever, consulted on issues to be discussed in Parliament and action to be taken, and decries MPs’ lack of knowledge on issues affecting their constituencies. But this can be changed through the reform of the constitution, it says.

The Daily Nation, July 24 – Ten parties and one lobby group under the National Alliance for Change are fielding presidential, Parliamentary, and civic candidates under the National Alliance Party of Kenya, it is officially announced. NAC leaders launch rules setting out mechanisms for selecting the single presidential candidate, a constitution, and regulations on membership. A nine-member election board is to supervise the party’s nominations for presidential, Parliamentary, and civic candidates. Countrywide nomination committees will be set up at the constituency level to carry out the exercise, says the party’s constitution. Presidential candidates must apply to the board, stating their academic and professional qualifications, national ID and voters’ card numbers, letters of recommendation, and a detailed CV. Those wishing to be a presidential candidate must pay a non-refundable fee of Sh200,000 (US$2,600), while those vying for Parliamentary seats will pay Sh30,000 (US$390 ), and civic candidates are to pay Sh5,000 (US$65).

The Daily Nation, July 24 – Leaders call on President Moi to convene KANU’s nomination council in reaction to Mama Ngina Kenyatta’s passionate call to Kenyans to back her son Uhuru as president. "Mama Ngina should respect the KANU constitution and stop commenting on issues that haven’t been resolved… we don’t want outside influence," Assistant Minister Wycliffe Osundwa is quoted as saying.

The Daily Nation, July 24 – Gabriel Mukele, vice-chairman of the Electoral Commission of Kenya, says the commission needs more powers if it is to effectively contain election violence. The current codes of conduct that prohibit political parties and aspirants from engaging in violence are inadequate. The commission can only bar a party or candidate implicated in election violence after going to the High Court and the provision can only be enforced during the official election campaign. The commission also does not have the capacity to monitor political parties and candidates for violence.

The Daily Nation, July 24 – Prisoners tell a CKRC hearing that the new constitution should outlaw the death penalty and corporal punishment because "they are barbaric, degrading, and inhuman." The constitution should also enable prisoners to be able to vote in elections and enjoy their conjugal rights, they say. Warders concur, saying that if prisoners could have relations with their spouses, sodomy and the spread of AIDS would decrease. Prisoners suggest that the death penalty be replaced by a 20-year sentence.

The Daily Nation, July 25 – The Debate on the Constitution of Kenya (Amendment) Bill, initiated by Alego Usonga MP Oloo Aringo last year, was sanctioned on Tuesday night by the House Business Committee chaired by Vice-President George Saitoti and is on the verge of being debated in the House. If Parliament musters the requisite 65 per cent required to pass the constitutional bill, and President Moi signs it into law, the general election will be held in December regardless of whether or not Prof Yash Pal Ghai's CKRC delivers a new constitution. The Aringo Bill fixes the dissolution of Parliament on November 30, thereby handing over the election process to the Electoral Commission of Kenya. The ECK is required to hold elections before the first Tuesday of February, the date on which the next Parliament must be sworn in.

The Daily Nation, July 25 – Dr Mukhisa Kituyi (Kimilili, FORD-Kenya) tables a party motion to form a special House committee to investigate the origins, nature, extent, and ramifications of organised political gangs "that have posed a security risk in parts of the country… Since Parliament is committed to the rule of law, protection and promotion of the sanctity of human life, it should lead in recommending necessary remedial action to remove threats posed by such groups to the country," Kituyi is quoted as saying. Seconding the motion, Wanyiri Kihoro (Nyeri Town, DP) traces political hooliganism to 1965. He says President Moi is also to blame for his constant assertions that multi-party politics would be a recipe for violence. He accuses the government of involvement in political violence and coercion against its opponents and the people. Office of the President Minister Julius Sunkuli denies Kihoro's assertion that President Moi may have had something to do with the Jeshi la Mzee gang.

< B>

The Daily Nation, July 25 – A commentary appearing today urges KANU to follow Article 22 of its new constitution, which sets rules for nominating the presidential candidate. It envisages a presidential nomination council comprised of 20 delegates from each of the 210 parliamentary constituencies and members of the governing council, the national executive committee, and the parliamentary group.  Whoever is nominated is the automatic KANU candidate. If any of these rules is abused, KANU is likely to disintegrate, says the commentary. "So far, key actors have started to rebel against imposition. This could spark chaos and set a bad precedent for the electoral process." It argues that the party should follow the rules and have Local Government Minister Uhuru Kenyatta run for election, rather than be appointed by the powers that be.

ENDS