Kenya Election Watch: Weekly Updates

Week of June 21 - 27, 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. For more information or comments, contact Kenya Election Watch editor Cathy Majtenyi at: cathymaj@hotmail.com

The main activity this week appears to be the “war of words” on extendnig the life of Parliament. MPs, political commentators, journalists, concerned citizens are all pitching in their “two-cents” worth on the issue of whether or not to extend Parliament, if and how to delink the elections from constitutional review, and what the KANU MPs’ shocking and unexpected proposal of last week means. Throughout all of the rhetoric, one gets the sense that precious time and energy are being diverted fro, the very important work of actually making constitutional reform a reality.

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

Daily Nation, June 21 – President Moi distances himself from the KANU campaign to extend the life of Parliament and declares that he is not behind a proposal by his party MPs to extend the life of Parliament. He insists he is ready to relinguish power at the end of his term and has no intention of extending his rule. "Moi does not dictate to anybody," the president was quotes as saying. "All you are hearing is false...my interest is to ensure I leave the nation a secure place for all the 30 million Kenyans when I leave office...'' 

Standard, June 21 – President Moi says he is not to blame over the proposal by KANU legislators to extend the life of the current Parliament. President Moi clarifies that, under the separation of powers between the judiciary, the legislature, and the executive, he has no mandate to extend his own term in office. He repeats his earlier stand that the general election will be held at the end of this year, saying that he was not clamouring for an extension of his term in office. He says it is far-fetched to pre-suppose that as the president, he could usurp the independence of Parliament and the judiciary.

Standard, June 21 – KANU Secretary for Legal and Constitutional Affairs Otieno Kajwang’ says that, whereas Kenyans are unanimous that they want a new constitution before the polls, the document cannot be completed by December. He concedes that many Kenyans feel that the current constitution is flawed in many respects, such as the proviso that the winner of the presidential poll garners at least 25 percent of the votes in each of the country’s eight provinces. Meanwhile, opposition MPs Mwangi Kiunjuri and Martha Karua are on a mission to try get 74 signatures from colleagues in an attempt to shoot down KANU’s move to extend the life of Parliament.

Standard, June 21 – The so-called Young Turks – who include Local Government Minister Uhuru Kenyatta, Energy Minister Raila Odinga, and Foreign Affairs Minister Marsden Madoka – have come of age, as the majority of them were parents in their own right, says President Moi. He dismisses those claiming that these and other Young Turks are inexperienced and incapable of leadership, pointing to the example of former British Prime Minister William Pitt, who ascended to power in 1785 at the age of 24 years.

Standard, June 21 – The debate over the extension of the life of Parliament rages on, with more leaders dismissing the move as unconstitutional. At the same time, CKRC Chairman Prof Yash Pal Ghai says the commission will complete analysing and tabulating all collected views by the end of July. Catholic Archbishop of Nairobi Ndingi Mwana a’ Nzeki, the Kenya Private Sector Foundation, and the Association of Professional Societies were among those opposing the extension of Parliament.

Standard, June 21 – CKRC Chairman Yash Pal Ghai may soon be empowered to withhold the salaries and allowances of commissioners who go against their work ethics. He will also be able to suspend a commissioner for misconduct and declare the office of a commissioner vacant for breach of the provisions of the Review Act. These are some of the far-reaching proposed amendments – dafted by PSCCR – to the Constitution of Kenya Review Act awaiting Parliamentary approval.

Daily Nation, Friday, June 21 - Presidential and Parliamentary contestants should have sound health, free from terminal illness such as cancer and HIV/AIDS, say participants at a CKRC hearing in Migori. "This will help our leaders to avoid unexpected incapacitation while in office," said Sylvester Omulo, a Migori businessman. Others proposed that future heads of state should be partyless in a bid not serve sectarian interests.

Saturday Nation, June 22 - Dagoretti MP Beth Mugo resigns on Friday from her post as vice-chairperson of the Social Democratic Party. She says she was prompted by the party's hard-line stance against NAC. She is particularly angered by SDP Secretary-General Apollo Njonjo's allegations that NAC is involved in a plot with KANU to extend President Moi's tenure of office, and had already sent her formal letter of resignation to Njonjo."Those of us who are in NAC are committed to the unity of all Kenyans and one of our objectives is to see a smooth transition under a new Constitution, and a change in leadership to deliver Kenya. These are issues that are close to my heart and I believe that if there was ever a time that the unity of Kenyans was inevitable, then the time is now," Mugo said at a press conference.

Saturday Standard, June 22 - Saba Saba Asili party boss Kenneth Matiba and Ford People leader Simeon Nyachae hold discussions in a bid to cement fragile opposition unity. The meeting is also seen as a major boost to the opposition’s desire to field a single presidential candidate in the coming general election. The two leaders agree to jointly spearhead a meeting of top opposition leaders aimed at sealing a deal towards unity. “It was another show of solidarity not only between the two leaders but a clear sign that they are ready to tackle the issue of opposition unity together,” says Saba Saba Secretary General Ngengi Muigai. [Nyachae participates in PCK, a parallel movement to NAC, the two of which have clashed on a number of issues in the past, incuding the desire to have a single presidential candidate].

Saturday Nation, June 22 - Seventy MPs pledge not to support a KANU plan to extend the life of Parliament. Laikipia West MP Mwangi Kiunjuri and Gichugu MP Martha Karua say they expected to collect 80 signatures by June 24.

The House needs a 65 percent vote to pass a constitutional amendment that would lead to the extension of Parliament's life. Out of the 222 MPs, the anti-extension group requires only 75 to block such a bill. NAC spokesman Dr Noah Wekesa says several KANU MPs had also signed the pledge, adding they were looking for 20 more signatures. "We at the NAC have vowed that Parliament and President Moi's tenure should not be extended. The mood among Kenyans is that there should be no extension," he said.

Saturday Standard, June 22 – In a question-and-answer interview, opposition MP Paul Muite says it is impossible to hold elections on the basis of the new costitution because " the real disagreements between the political actors will begin when that draft constitution is ready… So who is saying there is going to be consensus on the draft constitution when it is made by the Ghai Commission? It is almost foreseeable that those differences will go to a referendum and so we are talking about a very long time before a consensus can be developed. The one month that has been allocated to the constitutional conference is actually nonsensical… If we want a people-centred process, the commission cannot produce a new constitution in time for the coming elections." He also decries "scapegoating" of the CKRC by those who say commissioners were dragging their feet on constitutional reform, and that the CKRC's mandate was merely "to listen to us and translate our wishes into constitutional values and issues" rather than writing a new constitution themselves. He says the opposition should discuss an interim constitution.

Saturday Nation, June 22 – Today's editorial says Kenyans are unlikely to have a completely revised Constitution of Kenya by the time the Eighth Parliament must stand dissolved, whether that be December or next February. As the Constitution of Kenya Review Commission only asked for an extension of its own term, and not for an extension of Parliament, moves to extend Parliament's term are "a devise seized on by politicians to either extend their own term in office or delay elections until constitutional amendments serving their interests are in place," argues the editorial. Extending the life of Parliament, and hence President Moi's term, "will amount to a fraud on the people of Kenya who voted in their leaders for defined terms. It is not acceptable." Negotiating pre-election constitutional amendments might work if CKRC can come up with sound pre-election amendments and present them for debate and adoption, says the editorial.

Saturday Standard, June 22 – A commentary piece appearing today says that KANU members are nervous about Section 9 (l) of the Constitution of Kenya, which states that the president shall hold office for a term of five years beginning from the date on which he was sworn in as president. The party is also extremely disturbed by Section 9(2), which also clearly says no person shall be elected to hold office as president for more than two terms. The author says that the party’s survival depends on President Moi’s continued governance of Kenya, and it is marked by pronounced rejection of these constitutional provisions. Efforts to sustain President Moi's rule can be seen in the proposal to extend the life of Parliament to give the CKRC more time to complete its work. The author argues that the announcement to back the extension of’ Parliament was a blessing in disguise for KANU and the opposition. To President Moi’s closest supporters, the announcement effectively silenced a number of presidential aspirants, while for the opposition, the announcement erased some of the barriers between various leaders of NAC who now feel the need to share the responsibility of making sure KANU’s proposal is rejected by Parliament, says the author.

Sunday Standard, June 23 – A commentary in today’s paper reports that KANU Director of Eelections William Ruto told those attending a political rally in Gatundu South last week that: “With or without the support of the Kikuyu community, we will form the next government.” According to the commentary, President Moi gave Ruto a harsh tongue lashing over the incident.

Sunday Nation, June 23 – Well-placed sources in KANU tell Sunday Nation that a new bill to amend the constitution to pave the way for an extension of Parliament could be ready sooner than most Kenyans think. A KANU MP who sits on the PSCCR says that KANU MPs are pushing to table, "as soon as possible" a bill that would extend the life of Parliament. They intend to seek to change "a few words of sub-section 5 of Section 59 of the Constitution," says the source. It is this sub-section that forbids an extension of Parliament's five-year term except in time of war. The intended amendment would introduce wording to the effect that "exigencies" other than war warrant an extension. Once the wording of the sub-section has been altered, a motion would then be brought to Parliament seeking to extend Parliament for purposes of completion of the constitutional review. Reportedly, the only thing holding the group back is the unfavourable political mood since the extension proposal was floated. Once the political front cools down, the group will be ready to move, says the source. Another thing holding them back, according to one MP, is the need to appear to be doing things following the right procedure. They are debating whether to wait until a report from PSCCR is discussed by the House.

Sunday Standard, June 23 – Sources to KANU tell Sunday Standard that their desired date for elections is December 2003, a full year beyond the scheduled 2002 poll date. The Sunday Standard says that current efforts by KANU MPs to extend the life of Parliament are part of a “long-worked-out strategy in the management of the Moi succession.” Meanwhile, on behalf of NAC, MPs Mwangi Kiunjuri and Martha Karua have collected 69 signatures from MPs across all parties opposing the move to extend Parliament, six signatures shy of denying KANU the two-thirds majority needed to push through the constitutional amendment that would allow for the extension of Parliament. British High Commissioner Sir Edward Clay says extending Parliament would violate the government’s contraxt with the voters.

Sunday Nation, June 23 – In a question-and-answer interview with Sunday Nation, FORD-Kenya chirman Michael Kijana Wamalwa says that NAC plans to organise demonstrations "through which the people's will will be dramatised. Hopefully those hell-bent on the extension [of Parliament] for their own reasons will thereafter reconsider and bow to the will of the people." He says that NAC is justified in calling for mass protest because "constitutional legality must above all else be seen to be observed. If the constitution is violated then nothing else is sacrosanct in our nation." He calls for the holding of a referendum on the issue to see whether or not ordinary Kenyans are in favour of extending Parliament to allow for the completion of the constitutional review process.

Sunday Standard, June 23 – Social Democratic Party (SDP) Secretary-General Apollo Njonjo says he is “amused” at Dagoretti MP Beth Mugo’s resignation from the party as its interim vice-chairperson. He says Mugo never held the post and that her resignation was “laughable.” In a letter addressed to Mugo, Njonjo says Mugo did not take up the position of national vice-chairperson because she was unable to subscribe to the party leadership code of conduct, and especially to the clause relating to the declaration of origins of personal and family wealth. Mugo, in turn, accused Njonjo of being insensitive to the majority of SDP members and running the party “like a club house.”

Sunday Standard, June 23 – KANU Director of Elections William Ruto and nine KANU MPs say that presidential aspirants Mwai Kibaki and Simeon Nyachae are “too tired to rule Kenya.” “If Kenyans still want an old president, then Moi should stay on because of his experience, which is unmatched compared to Kibaki and Nyachae, but the head of state has already indicated that he will leave the leadership for the young Turks,” Ruto said at a fundraiser.

Sunday Nation, June 23 – A news analysis piece appearing today says the proposal to extend the life of Parliament and the term of President Moi in office "is setting the stage for a political scuffle as bad as the country has ever seen." For the first time since 1997, talk of mass action is in the air, says the author. Also, Electoral Commission chairman Samuel Kivuitu is worried that the proposal will disrupt election preparations already put in motion, which would mean a huge waste of money, resources, and time.

Sunday Nation, June 23 – A commentary piece appearing today argues that President Moi, who in the span of 18 days has stated three different positions on when the general election will be held, is actually indecisive, confused, and vulnerable rather than being manipulative or strategic. The author says that President Moi is grappling with three succession possibilities: whether or not to stay in office; whether or not to appoint Vice-President George Saitoti to succeed him; and what position he should give Raila Odinga. The author argues that, under a new constitution, President Moi would be able to run again as president because the constitution cannot apply retrospectively; it is only under the current constitution that he is barred from the presidential race. But President Moi hasn't made up his mind whether or not to run again, but wants to keep his options open. The author says that, if KANU insists on the extension of Parliament, the opposition should go for a motion of no-confidence in the government, which would dissolve Parliament within four days.

Daily Nation, June 24 – Police disrupt a private party held over the weekend in honour of William Kirwa, a Nairobi bank employee perceived to be a strong challenger of a powerful politician in the coming general election. The officers, in riot gear, arrive at Kirwa's father's home in Kiplombe, in Eldoret North constituency, and orders the gathering to disperse. The policemen, who claim they are on normal patrol, say they had been informed the meeting was political and therefore wanted it cancelled. Uasin Gishu Deputy Police Chief Patrick Kitema blames the incident on an assistant chief, who had called him to say an unlicensed rally had been planned at the home. He said the chief "blew things out of proportion.'' The elders wonder why police had interfered at a private function.

Standard, June 24 - Foreign Affairs Minister Marsden Madoka insists that KANU will press for an extension of the life of Parliament, with or without the blessing of President Moi. Furthernore, Madoka predicts that more than three-quarters of the sitting MPs will support the move once the relevant motion is tabled in Parliament. Madoka says that the move to extend the life of Parliament to allow the CKRC to complete its work did not come from President Moi, but is work of KANU MPs. Madoka was quoted as saying: “We in KANU have decided that with or without presidential support, we will press for the extension of the life of Parliament to allow maximum review of the country’s constitution.” President Moi, he said, “is an individual and cannot dictate to Parliament what it should do." He added that it is upon MPs to make decisions and pass them in the House.

Daily Nation, June 24 - Gatanga MP David Murathe claims that KANU has already secretly finalised the creation of 90 more constituencies, and wants to use Parliament as a rubber stamp to legalise the move. "How did they come up with the figure of 90 new constituencies without consulting the people?" the SDP MP said at a fundraiser over the weekend. KANU politiican John Harun Mwau says large constituencies should be split. He says population and constituency size should primarily determine the creation of more parliamentary seats.

Standard, June 24 – PSCCR chairman Raila Odinga says Parliament will decide next month whether CKRC will be given more time to finish its work. He says it is up to Parliament to “give further direction on the CKRC.” He promises that the House would give the issue priority as soon as the speech on the budget is finalised. He explains that the committee’s position on the issue of extending the CKRC mandate had not changed. “We think it will be prudent to give the commission more time," Odinga was quoted as saying. "The committee will await for further direction from the House."

Standard, June 24 – According to NAC, Cabinet Minister Uhuru Kenyatta – son of former President Jomo Kenyatta – is President Moi’s preferred heir. Ford Kenya Secretary for International Relations, Dr Newton Kulundu, notes that NAC leaders, who include Mwai Kibaki, Michael Kijana Wamalwa, and Charity Ngilu, were privy to the KANU strategy to front Uhuru for the presidency. He also claims that that Cabinet Minister Nicholas Biwott will take over as Prime Minister’s after the constitution has been reviewed. He says Rural Development Minister Cyrus Jirongo is being groomed for the Vice-President’s post in the new KANU government. Kulundu predicts that President Moi will remain a powerful chairman of KANU even after he retires. Meanwhile, Medical Services Minister Maalim Mohammed says that KANU has already identified the candidate to replace President Moi when he retires at the end of his term. He did not, however, name the person who will take up the job.

Standard, June 24 - Democratic Party leader Mwai Kibaki warns MPs against succumbing to the temptation of extending the life of Parliament, saying this would be "criminal." Kibaki further says there is no genuine reason or excuse to breach the constitution, adding that the move would be a crime against democracy. He says MPs have no mandate to extend the life of Parliament as their five-year contract, as stipulated in the constitution, was coming to an end this year. But Minister of Lands Noah Katana Ngala blames the opposition, claiming they are the cause of the current controversy over the extension of the life of Parliament. Ngala, who is one of the four KANU vice-chairmen, said his party would push for the extension of Parliament by four or six months to enable the CKRC to complete its work.

Daily Nation, June 24 - Leader of the Official Opposition (and DP leader) Mwai Kibaki says that extending the life of Parliament is a violation of the Kenyan Constitution and would be rejected en masse by all law-abiding Kenyans. "It is a sin, it is unconstitutional, it is illegal," Kibaki said during a fundraiser in Nyeri. He asked for divine intervention to "help those tempted by the devil to resist committing a crime." But Raila Odinga, KANU secretary-general, wonders what all the fuss is about. "They [opposition commissioners sitting on the PSCCR] did not raise any objection when we [PSCCR] went public with our position and they endorsed the report, which is already in Parliament to be discussed after the budget debate is over," Odinga said at a celebration in Nairobi West. "I know that both KANU and opposition MPs want elections held under a new constitution.'' Meanwhile, Foreign Affairs Minister Marsden Madoka, Minister of State Julius Sunkuli, and KANU's director of elections William Ruto launch a campaign to explain the move. They say that the constitution needs to be "domesticated and institutionalised" to ensure a smooth transition of government. They also claim that it is the KANU MPs and not the party hierarchy that are behind the move to extend Parliament. Madoka says the KANU MPs will not allow President Moi to persuade them from their intention to extend Parliament.

Daily Nation, June 24 - North Eastern Provincial Commissioner Mohamud Saleh tells a workshop hosted by the Anti-Corruption Police Unit that provincial administrators and security officials had been linked to gun-related crime, which is now causing insecurity in North Eastern Province. "Before I came here last March, people could not even go for evening prayers," he told the workshop. "The reason was collaboration between the security organs and the bandits. It was a form of organised cartel." He also says that as late as last year, provincial and district security committees in the area condoned criminal syndicates.

Standard, June 25 – Minister of Environment Joseph Kamotho breaks ranks with his Cabinet colleagues and opposes calls to extend the life of Parliament. He says Kenyans are eager this year to hold their ninth general election since independence, with or without a new constitution. Kamotho beco,es the first Cabinet minister to break the KANU MPs’ trend to crusade for the extension of Parliament.

Standard, June 25 – Attorney General Amos Wako says interim amendments can be made to the current constitution to enable Kenyans to go to the polls at the end of this year. He says that, although Kenyans want the elections to take place under a new constitution, that does not seem possible. He also rules out an interim constitution, saying the exercise is too costly.

Daily Nation, June 25 – Sixteen more MPs are expected to sign a commitment to vote against the proposed bill to extend the life of Parliament, which would bring the total number of signatures to 86. Representatives of all major parties – including the ruling KANU – have signed the petition.

Standard, June 25 – Former Constitutional Affairs Minister Charles Njonjo says the current uncertainty over the next general election is uncalled for. He says there is nothing special or abnormal about the next elections and that he is optimistic there would be a smooth transition and a stable economy.

Standard, June 25 – Law Society of Kenya (LSK) Chairperson Raychele Omamo says attempts to extend the life of Parliament are a breach of the constitution. “This proposal will only help to create an atmosphere of uncertainty,” she was quoted as saying.

Daily Nation, June 25 – Today’s editorial accuses President Moi of practicing “dangerous duplicity” by chairing a high-powered KANU meeting at which KANU MPs proposed to extend Parliament’s life, on the one hand, and, on the other hand, saying that he’d like to see a December election. “Clearly, he is seeking to have his cake and eat it too,” says the editorial. To deflect attention from himself, President Moi will blame Parliament for any outcome, says the editorial. It concludes that President Moi is trying to postpone things for as long as possible “to make up his mind on a successor best suited to protect his personal interests when he retires.”

Standard, June 25 – An editorial appearing today decries the fact that the constitution does not specify the month and date of the election, an uncertainty contributing to the current vehement debate. It says that MPs want to lengthen Parliament’s life “to extend the enjoyment of their privileges at the people’s expense, without giving regard to their contract.” It says that the constitution can be worked out during the next Parliament, as the ninth Parliament “will not be constrained by time and succession politics.”

Daily Nation, June 25 – A commentary appearing today says that an extension of Parliament would amount to the people surrendering their right to vote every five years, and says that the inability to produce a new constitution by December is a tool for blackmailing the country to give up its right to vote. Any weighty change to the constitution should be approved only through a plebiscite, it says.

Daily Nation, June 26 - Twenty-three KANU MPs defend their proposal to extend the life of Parliament, arguing that Kenyans needed to go to the next general election with a new constitution. Led by Cabinet Minister Nicholas Biwott, Legal and Constitution Affairs Secretary Otieno Kajwang', and Deputy Speaker Joab Omino, the MPs dismiss those opposing the extension and tell them to await the bill in the House. Kajwang', who read a statement on behalf of the party, says Kenyans want to go into the elections with a new constitution to ensure "good governance." In a statement copied to President Moi, Kajwang' wrote: "KANU parliamentary group has carefully and critically assessed all the options and considered all arguments advanced and has come to the view that the mood of Kenyans is to proceed to the next general election under a new constitutional dispensation." Kajwang' argues that since the review commission must be given the time it requires to complete the review, "the life of the current Parliament must be extended to accommodate the full review.”

Daily Nation, June 27 – The Akiwumi report on ethnic clashes will not be made public, says Office of the President Minister Julius Sunkuli. Publicising the report would not heal the wounds inflicted by the clashes, he says in Parliament. The minister denies the existence of Kalenjin warriors during the clashes prior to the 1992 elections: "Kalenjin warriors never existed. They are a figment of the imagination of the opposition." During and after the infamous “tribal clashes” of 1992-93, investigations carried out by various national and international human rights groups had found that the government had deliberatly fermented these ethnic conflicts to gain an upper hand during the elections.

Daily Nation, June 27 – MPs debate the merits and demerits of extending the life of Parliament. Members veer from debate on the Budget Statement to express their views on the proposal that has set political temperatures rising. Tourism and Information Minister Kalonzo Musyoka says the bill to amend the constitution to allow for an extension of Parliament should be given priority. He says Kenyans are anxious to know whether elections will be held this year or not. Mutua Katuku (Mwala, SDP) says Kenyans want elections to be held this year and are not prepared to give the KANU government a single extra day. He says Kenyans have lost faith in the government.

Daily Nation, June 27 – NAC accuses President Moi of using KANU MPs to lobby for the extension of his term. Leader of Official Opposition Mwai Kibaki says President Moi is already talking to KANU MPs to push for the extension. Kibaki says that the opposition would ensure KANU does not get the two-thirds majority vote required for the constitutional amendment. He challenges President Moi to sign up with MPs who are against the extension if Kenyans are to take him seriously. "He should join the MPs who are against the extension and should not hide behind Parliament," Kibaki, who is also Democratic Party boss, was quoted as saying. Kibaki, who was with Ford Kenya chairman Kijana Wamalwa, DP MPs Matu Wamae, David Mwiraria, Mwangi Kiunjuri, and Norman Nyagah, said 83 MPs opposed to the extension have signed a petition opposing the extension of Parliament.