Ngoma nzito Baraza la Mawaziri


JF-Expert Member
Jul 2, 2007
Cabinet dispute


A disagreement over the size of the Cabinet and portfolio balance has delayed the naming of a new coalition Cabinet, sources close to President Kibaki and Prime Minister-designate Raila Odinga said Tuesday.

PNU and ODM representatives in Tuesday’s talks could not agree on who should get the Finance, Information and Communication, Immigration and Local Government seats among others.

Both the Government coalition and ODM sides were laying claim to the ministries.

ODM had also proposed that the Internal Security ministry be split into Internal Security and Public Service; and Provincial Administration. The party has staked a claim to the later which controls the provincial administration — including provincial and district commissioners, district officers, chiefs and the Administration Police. The seat is held by PNU’s Prof George Saitoti.

The bone of contention appeared to be over who will control the crucial ministries, including Immigration and Registration of Persons.

Authority over others

The Ministry of Finance is crucial to any side because it can allocate and deny funds to other government departments. It is probably the only ministry with authority over all other departments.

Whichever side controls the ministries in charge of Provincial Administration and Local Government will have access to governance instruments at grassroots level. With another General Election in 2012 and the Kibaki succession, holders of these two portfolios can be considered to have a headstart over others in the next presidential race as they will control provinces, districts and divisions plus councillors and other civic leaders.

Sources close to the meeting said that PNU had proposed to increase the number of ministries to 44 to satisfy the interests of its affiliate parties and other groups like the youth and women.

However, ODM opposed the proposal saying the number should be retained at 34. PNU reduced its proposal to 38 seats but ODM insisted on 34.

It is understood the reason for expanding the Cabinet was to enable PNU accommodate more ODM-K MPs and satisfy the expectations of young MPs. But ODM said that pressure from the interest groups should be resisted.

Some of the ministries that were to be split included Education to create ministries of Basic Education and Higher Education; Roads and Public Works; Trade and Industry into distinct dockets of Trade and Industrialisation; Livestock and Fisheries Development; and Ministry of Gender and Sports into Women and Children Development, and Sports.

Proposals to create ministries of Nairobi Metropolitan and Urban Development, Implementation of Vision 2030, Micro-enterprises, National Cohesion and Harmony, and a full fledged Sports ministry were rejected.

Sources said the meeting between President Kibaki and Mr Odinga was adjourned after two-and-a-half hours to give the two leaders time to consult other players in their respective parties before resuming the process of constituting the Cabinet.

More consultations

The meeting was held at Harambee House in Nairobi and not at State House as scheduled. Among those who attended were Head of Public Service Francis Muthaura, Internal Security minister George Saitoti and Rongo MP Dalmas Otieno.

When Mr Odinga left the meeting, he told journalists: “We have covered some ground but there is still more to do. We have agreed to hold more consultations before coming up with the final decision.”

Later in the day, Government spokesman Alfred Mutua said consultations on the new Cabinet were going on into the evening as it emerged that the President left his office at about 6.45pm.

Dr Mutua described the talks between President Kibaki and Mr Odinga as “very positive”. “The President is ready and will form the new Cabinet after further consultations with Hon Raila Odinga, whenever the ODM team is ready,” Dr Mutua said in a statement posted on the Government spokesman’s website.

“Kenyans are requested to remain patient on the knowledge that a new Cabinet will be announced soon.”

However and ODM spokesman said the party was not to blame for the delay in naming the new cabinet.

Immediately after Tuesday’s talks, the ODM Pentagon held a consultative meeting at Parliament Buildings. Later, the Presidential Press Service issued a statement saying that the meeting between the President and Mr Odinga focused on the formation of the new Cabinet.

“The talks were consultations on implementation of the National Accord and Reconciliation Act that was passed in Parliament last week. The consultations that are continuing also focused on the formation of the new Cabinet,” the statement said.

And in Parliament, Vice-President Kalonzo Musyoka said that President Kibaki and Mr Odinga were scheduled to tour the Rift Valley Province which was hardest-hit by post-election violence.

Tuesday's meeting came against a backdrop of pressure from MPs who wanted the two leaders to name a lean and efficient Cabinet to ensure that the wide ranging reforms contained in the national accord are implemented.

The meeting was to be held at State House, Nairobi but the venue was changed to Harambee House Tuesday morning. President Kibaki was the first to arrive at his office at 10.15am while Mr Odinga arrived at 11.02am.

Sources said that PNU had proposed that some ministries be split and new ones be created. Some of the ministries that were to be created included one that would take charge of implementing Vision 2030. In addition to meeting the expectations of various communities, it was understood PNU also proposed that ministers be given specific targets to achieve in a given period.

The leaders then moved to the issue of sharing of the ministries as stated in the National Accord signed by President Kibaki and Mr Odinga on February 28. The deal ended violence which had left more than 1,200 dead and over 300,000 other displaced. The agreement stipulates that the sharing of ministries should always take into consideration the parliamentary strengths of partner parties of the coalition.

Sources said Mr Odinga stated that both PNU and ODM should each get 17 ministries as a sign of real power-sharing that the two sides agreed to in the accord.

The meeting moved to the third issue of sharing out the high profile ministries, including Internal Security, Finance, Foreign Affairs, Local Government, Roads and Public Works, Information and Communications, Justice and Constitutional Affairs, Education, Health, Agriculture, Trade and Industry, Defence, Water and Irrigation and National Planning.

Mr Odinga’s team had clustered the ministries into various groups, for instance pairing Internal Security and Finance as equal in rank.

High profile ministries

The ODM leader said the high profile ministries should be distributed equally between the two partners based on the party’s ranking of ministries.

This was opposed by PNU which stated that President Kibaki had the constitutional mandate to appoint the Cabinet and that the meeting was meant to get the names from Mr Odinga to enable him draw up the line-up.

It is understood that PNU was not ready to relinquish the Finance, Internal Security, Home Affairs, Defence, Foreign Affairs and Local Government ministries. According to sources, the party also wanted to retain the Immigration docket.

Sources said it was at that point that the two sides mutually agreed to adjourn the meeting and consult their parties before resuming the talks.

Daily Nation
Kibaki, Raila fail to name Cabinet

Published on March 26, 2008, 12:00 am

By Martin Mutua And Patrick Wachira

President Kibaki and Prime Minister-designate Mr Raila Odinga for the first time appeared to grapple with a power-sharing reality check, forcing a delay in the naming of a new Cabinet.

The two leaders failed to agree both on the size of the much-awaited Cabinet and the even more critical issue of portfolio balance, which has to do with the equal sharing out of ministries according to their importance.

No major resolution was arrived at after a meeting that lasted two-and-a-half hours at Harambee House on Tuesday. The two principals then adjourned to consult with select members of their respective parties even as anxiety mounted across the country.

Last night, sources told The Standard that Raila’s Orange Democratic Movement (ODM) had stuck to the proposal of a Cabinet of Cabinet of 34 members to be shared out on a 50-50 basis, with each side bagging 17 slots.

Initially, sources said, President Kibaki’s Party of National Unity (PNU) was pushing for a seemingly bloated Cabinet of 44.

But after much discussion, it is understood that both sides settled for a Cabinet of 34 ministers.

However, there was still the matter of exactly which prime ministries already being occupied by PNU would be surrendered to ODM.

PNU is said to have been willing to relinquish the ministries of Roads being held by John Michuki and the East African Co-operation, a fairly fringe ministry being held by Kuria MP, Dr Wilfred Machage.

When ODM insisted that the Cabinet be reconstituted and that all the key ministries — most of them occupied by PNU after President Kibaki named his half-Cabinet early in the year — be shared out equally, positions are understood to have hardened and the talks quickly deadlocked.

Documents obtained by The Standard and which are understood to have formed the basis of Tuesday’s discussions between the two principals reveal how ODM and PNU want the Grand Coalition Government structured.

ODM’s proposal shows it has no problems with PNU keeping the presidency, vice-presidency, one deputy PM slot and the ministries of Foreign Affairs, Justice and Constitutional Affairs and East African Co-operation.

It further wants PNU to retain the ministries of Roads, Lands and Settlement, Energy, Regional Development, Livestock and Fisheries, Defence, Internal Security, Home Affairs and Health.

Labour and Human Resource Development, Gender and Social Services and Science and Technology, will also remain in the PNU stable, bringing its total to 18, including the Head of State.

The document also proposes the creation of other ministries that could be taken up by ODM besides filling the current vacant ministries of Agriculture, Trade and Industry and Lands.

The new ministries proposed by PNU for ODM include: National Cohesion and Harmony, Rice Enterprises and Industrialisation.

On its part, ODM wants to be allocated the PM, deputy PM, Finance, Public Service and Provincial Administration, Local Government, Planning and National Development, Transport, Water and Irrigation, Information and Communication, Education, Environment and Natural Resources, Tourism and Wildlife and Agriculture.

The Orange party is also interested in Immigration and Registration of Persons, Youth Affairs and Sports, Special Programmes, Housing and Public Works and National Heritage and Culture.


More ministries

But the PNU proposals shows the party wants more ministries created to accommodate everyone, such as the Ministry of Women and Children Development and a split of the Ministry of Education to have basic and higher portfolios.

It also wants the Ministry of Health split into Public Health and Medical Services, and Roads and Public Works carved into two.

PNU also proposes to hive off a new ministry of Sports from the existing one that houses Sports, Culture and Social Services. It also proposes to have a new ministry known as Nairobi Metropolitan Development and another to be called Implementation of Vision 2030.

PNU further wants other new ministries, namely Environment and Mining, Trade (hived off from Trade and Industry) and Development of Arid Lands.

According to the PNU structure, the Government side will keep the ministries of Public Service, Local Government, Foreign Affairs, Finance, Justice and Constitutional Affairs, Nairobi Metropolitan Development, Implementation of Vision 2030, Transport, Information and Communication, Energy and Environment and Mining.

It also wants to retain the ministries of Livestock Development, Trade, Development of Arid Lands, Defence, Internal Security and Provincial Administration, Home Affairs and Immigration and Registration of Persons.

It proposes to retain the ministries of Housing, Women and Children Development, Basic Education, Science and Technology and Public Health.

If PNU were to have its way, ODM would take over the ministries of East African Community, Planning and a new ministry of National Cohesion and Harmony.

ODM are to also take over the ministries of Roads, Public Works, Water and Irrigation, Lands, Forestry and Wildlife, Tourism, Agriculture, Fisheries Development and Co-operatives Development.

It will also have Industrialisation, Special Programmes, Medical Services, Labour, National Heritage and Culture, Youth Affairs, Sports and the new Ministry of Higher Education.

This would not be the first time the ministry of Education is being split to comprise Basic and Higher as was the case after the 1979 elections with Prof Jonathan Ng’eno and Joseph Kamotho as the ministers respectively.

It was understood that President Kibaki maintained he would want to keep ministries that so far have ministers, while ODM takes the rest.

The PNU side also flatly rejected the ODM proposals, with the President insisting that there were other ministries available that the ODM MPs could get.

Sources said the Head of State held the view that several other ministries, which are vacant, be split to accommodate more members.

Those suggested for split included that of Livestock and Fisheries, Gender, Culture and Sports, Roads and Public Works.

Further consultations

Housing, National Heritage, Planning and National Development, Immigration, Tourism and Wildlife, Labour and Human Resource Development, Regional Development and Cooperative Development are ministries that are still vacant.

After Tuesday’s meting with Kibaki, Raila said: "Our meeting covered a lot of ground and we have made good progress but we need to make further consultations".

The ODM leader, who would usually take questions after a meeting of this nature, hurriedly got into a waiting vehicle and headed straight to Parliament Buildings for lunch, while Kibaki remained at Harambee House to consult with PNU top brass.Raila was with Rongo MP Dalmas Otieno and his former presidential campaign manager, Dr Mohammed Isahakia, while Kibaki had Internal Security minister George Saitoti and Head of Civil Service Mr Francis Muthaura.

Impeccable sources told The Standard that the Kibaki group is said to have proposed a Cabinet of 44 members to accommodate the vast interests that have to be considered but ODM is said to have opposed the idea.

The new-look Cabinet is said to be posing a headache for both leaders as they struggle to achieve a delicate balancing act to accommodate varying interests and stakeholders.

Among the key issues posing challenges to Kibaki and Raila are party strength and loyalty, regional balance, gender representation, marginalised groups and geographical spread.

Special interest groups have also been demanding a share of the pie, led by the civil society and the disabled.

On Tuesday, Raila arrived at the venue of the meeting at 11am, just an hour after President Kibaki. He left at 1.30pm.

Source: The Standard
Kibaki, Raila fail to name Cabinet

Published on March 26, 2008, 12:00 am

By Martin Mutua And Patrick Wachira


More ministries

Source: The Standard

Nionavyo mimi proposal ya ODM imekwenda shule. PNU wametoa proposal ya kibinafsi zaidi na yenye kuliongezea taifa gharama kubwa ya utendaji kwa kuongeza wizara bila sababu zaidi ya kujipendelea.
Suppose PNU wakiweka ngumu kuachia wizara ambazo zina maslahi, ODM watafanya nini?
Suppose PNU wakiweka ngumu kuachia wizara ambazo zina maslahi, ODM watafanya nini?

Babu Keil usiombe hio kitu kutokea maana we will be back to square one na mambo ya kutafuta muafaka tena.Jamaa za PNU once again wanazidi kuonyesha ubinafsi wao na ubepari juu.Kisha lile swala la Raila kujibu "I dont know" baada ya kuuliza katiba itaundwa lini should be sign for Kibaki and his hardliners kujua that caution has been thrown to the Wind.

Unawakumbuka wale IDP's...?..bado wanaishi ndani ya stediumu na vituo vya polisi...mvua inakuja,wakulima bado hawajaenda kuandaa mashamba...Raila has also not been officially sworn in.. amidst all this Kibaki and his hardliners are still holding a whole nation ransom.

Kwa hivyo until this thing is engrained in stone, I don't believe Kenya is out of the woods yet!
Mzee wa Coast (Ab-Titchaz),

Ninakubaliana na wewe kwamba kuna dalili zote za kurudi kwenye drawing board ama kumuita tena Koffin Annan ili aje arekebishe mambo kabla cabinet haijatajwa. Kuna dalili zote za Kibaki na PNU kung'ang'ania wizara walizoshika kutokana na unyeti wake na ndiyo maana wanasema kwamba ODM wakubali zile ambazo bado ziko vacant.

Hata kama Kibaki ndiyo appointing authority, wakati anafanya appointment lazima azingatie portifolio balance ambayo inagusa kugawana wizara nyeti na siyo ili mradi tu ODM iwe na mawaziri 17 bila kujali wameshika wizara gani.

Kuna dalili zote kwamba GEMA wanataka kushika hizo wizara nyeti kwa ajili ya 2012. Maana majereha waliyo nayo ni makubwa sana na wakiachia wizara nyeti basi wana hatari ya kumalizwa 2012. Sina hakika kama Kibaki yuko tayari kuona PNU inapoteza uongozi mara atakapomaliza ngwe yake.

Swali la msingi, je, ODM wana plan B just in case huyu Mzee akiwa kichwa ngumu? Je, dunia itawaelewa au itawachukuliaje pindi ODM wakirejea tena mstuni kudai haki yao?

Kenya bado iko kwenye ukingo wa shimo na Kibaki naona anacheza makida makida. Ngoja tusubiri tuone, ingawa hali ni tete na hasa kama washauri wa Kibaki ni akina Michuki, Karua, Watengula, Mungatana, Muthaura na wengineo wa jamii hiyo!
Mzee wa Coast (Ab-Titchaz),

Ninakubaliana na wewe kwamba kuna dalili zote za kurudi kwenye drawing board ama kumuita tena Koffin Annan ili aje arekebishe mambo kabla cabinet haijatajwa. Kuna dalili zote za Kibaki na PNU kung'ang'ania wizara walizoshika kutokana na unyeti wake na ndiyo maana wanasema kwamba ODM wakubali zile ambazo bado ziko vacant.

Hata kama Kibaki ndiyo appointing authority, wakati anafanya appointment lazima azingatie portifolio balance ambayo inagusa kugawana wizara nyeti na siyo ili mradi tu ODM iwe na mawaziri 17 bila kujali wameshika wizara gani.

Kuna dalili zote kwamba GEMA wanataka kushika hizo wizara nyeti kwa ajili ya 2012. Maana majereha waliyo nayo ni makubwa sana na wakiachia wizara nyeti basi wana hatari ya kumalizwa 2012. Sina hakika kama Kibaki yuko tayari kuona PNU inapoteza uongozi mara atakapomaliza ngwe yake.

Swali la msingi, je, ODM wana plan B just in case huyu Mzee akiwa kichwa ngumu? Je, dunia itawaelewa au itawachukuliaje pindi ODM wakirejea tena mstuni kudai haki yao?

Kenya bado iko kwenye ukingo wa shimo na Kibaki naona anacheza makida makida. Ngoja tusubiri tuone, ingawa hali ni tete na hasa kama washauri wa Kibaki ni akina Michuki, Karua, Watengula, Mungatana, Muthaura na wengineo wa jamii hiyo!

Mufti Keil wala hujakosea usemapo Kibaki anacheza makida makida na hii ishu. Cha mno ni kwamba ulimwengu mzima umetizama hii songombinde toka ianze na wanajua kulikoni in terms of who is bogging the talks.

Jambo la kusikitisha ni kua ODM hawana plan B isipokua kuleta
zile fujo zilizokuwepo awali.Their biggest ace ni wale IDP's walioko mitaa ya bonde la ufa.Kwa ufupi wale jamaa hawatorudi mpaka Kibaki na PNU brigade yake watakapoonekana committed to bringing a peaceful solution to Kenya.Kwa hivyo akilala na akiamka anakumbwa na kilio cha jamaa zake as refugees within and without the borders.Hii wiki ni muhimu sana kumtazama Mzee Kubaka kama ata-blink au la!
Key ministries: Why PNU, ODM won’t let go

By Patrick Wachira and Martin Mutua

Political strategy and an eye on the 2012 elections appear to be propelling the scramble for key ministries as PNU and the ODM seek an early foothold, The Standard can report.

Already, both parties seem to have on their eyes on the future, with particular focus on ministries that could be key in determining their performance in the coalition — a yardstick voters are likely to use at the next General Election.

The intensity of the tussle for control of key Cabinet posts was captured in a flurry of letters exchanged between ODM and PNU over the need to adhere to guidelines of the power-sharing agreement after talks between President Kibaki and Prime minister-designate Raila Odinga, deadlocked on Tuesday.

On Wednesday, as the dispute swirled, President Kibaki met for three hours with Vice-President, Mr Kalonzo Musyoka, Cabinet ministers, Ms Martha Karua, Prof George Saitoti, Mr Uhuru Kenyatta and Mr Moses Wetangula, for what sources called a discussion to resolve the stand-off over the Cabinet and who will fill PNU’s deputy premiership slot.

But Raila played it diplomatically, expressing optimism that talks between him and President Kibaki would proceed and consensus resolve the impasse over the sharing of key ministries.

Said he: "We are still in talks and there is still a window of opportunity to reach agreement over the portfolio balance."

Raila said ODM would push for an equal and fair sharing of ministries with PNU in the coalition Government as provided for in the National Dialogue and Reconciliation Act.

Both parties seem to be seeking a foothold in the management of important sectors in Government, which will be crucial as the country prepares for devolved centres of power in the new political dispensation.

More significantly, the ministries in demand control huge chunks of the national Budget and will no doubt play a big role in shaping national politics.

In addition, some ministries favoured by both parties have very lucrative parastatals.

For instance, the Finance ministry is considered crucial because it controls money allocated to other ministries in the national Budget.

The ministry also has under its watch the Central Bank of Kenya (CBK), which acts as the country’s exchequer and the bank for other commercial banks.

CBK also controls money in circulation at any given time and is tasked with ensuring that inflation does not rise above a certain point so that accessibility of goods and services is not put in jeopardy.

Prized dockets

Basically, the Finance ministry is the financial nerve centre of the Government and civic operations as it also collects revenue and sets tax brackets.

The ministry is, therefore, key in the new scheme of things and it is no surprise that ODM and PNU are keen to have it under their armpit as they set their eyes beyond 2012.

Another crucial ministry is Defence, the custodian of the Armed Forces with a budget of Sh38 billion in the current financial year (2007-8) up from Sh27 billion the previous year.

However, ODM and PNU are agreed that this important docket should remain in the Office of the President. The vote for the ministry is considered so crucial that its budget is not subject to scrutiny by Parliament because of "security reasons".

Considered equally weighty is Provincial Administration and Internal Security, also under the Office of the President. It boasts the second largest vote after Defence.

It has been allocated Sh26 billion in the current financial year, same as the previous year.

While ODM wants to take over the Education ministry, PNU wants it split into two — Basic and Higher — as was the case in the 1980s. The development expenditure for both votes was Sh3.1 billion in the 2006-7 financial year and Sh3.2 billion for the current year.

Both parties also eye the Local Government ministry now held by Kanu chairman and Gatundu South MP, Mr Uhuru Kenyatta. The ministry is in charge of all local authorities, which wield plenty of influence in matters local infrastructure and governance.

These range from street lighting, road construction, maintenance and repair, regulation of trade and commerce in their jurisdiction, collection of cess and other levies, issuance of trade licences and permits and the general order through by-laws.

The Local Authorities Transfer Fund (LATF), which has become a cash cow for many local authorities, controls millions of shillings every month making the ministry highly lucrative.

What is clear is that PNU may be seeking to retain its hold on the councils. PNU literally lost this hold during the last elections when many areas fell under the ODM spell and are now veritable ODM strongholds.

The ministry’s recurrent expenditure was revised upwards from Sh7.3 billion in 2006-7 financial year to Sh9.1 in 2007-8, making it a substantially huge vote.

Other ministries

But the lure of the ministry may stem from its hold on local authorities rather than its budget, which in itself is not lean.

ODM is keen on getting the Tourism ministry under its watch and PNU has yielded. The importance of the ministry, which controls the multi-billion shilling tourism sector, cannot be gainsaid.

Although tourism earnings have been affected by the recent post-poll violence, officials at the Kenya Tourist Board are upbeat that it will recover.

Earnings from the sector surpassed the Sh60 billion mark last year, making it the country’s number one foreign exchange earner. It comes with the double benefit of according the party that controls it the opportunity to market itself internationally.

Another ministry that is key to national stability is Agriculture, which ODM wants to take over and PNU is happy to give away.

Charged with the task of feeding the nation, the ministry has 23 parastatals.

In addition, it is a beneficiary of funds and other forms of aid from donors who give technological know-how, facilities and equipment and research aid, from time to time.

Besides, agricultural development received generous mention in party manifestoes unveiled in the run up to the last elections and is, therefore, key in any Government.

New ministries proposed — Nairobi Metropolitan Development, National Cohesion and Harmony, Micro-Enterprises, and Industrialisation — are perhaps token dockets that may take time to make a mark on the lives of Kenyans. They are thus undesirable.

It is, however, worth noting that the Ministry of Health, which has been proposed for a split, had a recurrent expenditure of Sh22 billion in the 2006-7 and the current financial years. The ministry’s role in a nation’s health makes it crucial.

The ministry is also in charge of public hospitals, including the Kenyatta National Hospital (KNH), which is the largest referral facility in East Africa.

Last night, even as ODM and PNU tussled over size and portfolio balance, they seemed to be grappling with a precedent the Kanu regime set — creating ministries for political expediency.

Kanu, for instance, once created the Ministry for Political Guidance and National Heritage, which was awarded to Kirinyaga politician, Mr James Njiru, of the Kanu Moto! fame.

Presently, President Kibaki and Raila are under intense pressure from close allies to reward them as they constitute the new Cabinet.

Source: The Standard
Kibaki, Raila hit the wall

By David Ohito

President Kibaki and Prime Minister-designate Raila Odinga have hit the wall yet again on the twin issues of portfolio balance and size of the Cabinet.

But the most contentious issue of the day, and which could frustrate the naming of a new Cabinet soon was the Party of National Unity’s revision of its proposal on the size of the Cabinet from the 38 it has always pushed for to 44.

Raila’s Orange Democratic Movement has insisted on 34, but was surprised when they walked into the meeting at Harambee House to be confronted by PNU’s latest move.

Raila claimed Kibaki was under pressure to appoint ministers from inside PNU, but he should like himself in ODM, say No!

Sources revealed the meeting could not even move to the trickier part of discussing the names to constitute the Grand National Coalition because of the stalemate on numbers. ODM’s demand for diplomatic postings and prime parastatal jobs on the other hand piqued Kibaki’s team.

"Annan did a splendid job, we still seek his advice … at the moment we do not need him but should we fail completely we would require some intervention," Raila said.

The leaders of the two parties met for the second time in a week, but with yet another stalemate decided to put off the talks to allow "for further consultations".

The last time they met, after which the Government said Raila took a break promising he would be back to meet the President but never did, the two leaders also hit ground zero on which ministries each side would take.

The choicest of ministries the two groups are haggling over include: Finance, Energy, Foreign Affairs, Defence, Internal Security and Provincial Administration, Transport, Information and Communication, and Local Government.

The Friday meeting lasted one hour, but Raila’s silence on walking out spoke volumes. When he later addressed the Press the full picture that the two principals are still stuck in the mud even after prodding by the lead mediator Dr Kofi Annan, took shape.

From his statement the two thorny issues stood out: "The other key outstanding issue is portfolio balance. On that issue as well, no consensus has been reached, with the other side preferring to retain the most important ministries. This is contrary to the cardinal principle of power sharing that is at the heart of the new arrangements."

Raila added: "On Cabinet size, PNU continues to prefer 44 ministries. Such a bloated Cabinet, I am afraid, is not good for the country. We would like to see a lean Cabinet, of no more than 34 ministries, since the President had appointed 17 ministers."

Kibaki’s account of the day’s events, circulated by the Presidential Press Service, was not as revealing: "The meeting reviewed proposals on the formation of a Cabinet, as agreed during their last meeting. During the meeting it was agreed that there was need for further consultations."

Prime State jobs

The statement went on: "The consultations are also focusing on the implementation of the National Accord and Reconciliation Act that was passed by Parliament and assented to by President Kibaki."

Raila said: "We will stake a claim in top Civil Service positions like permanent secretaries, diplomats, chief executives of parastatals and appointments to public boards."

"Both President Kibaki and myself are under immense pressure from supporters with diverse vested interests seeking to increase Cabinet slots. I am sure Kibaki himself, like me, is against a bloated Cabinet," added Raila.

Before meeting Raila, Kibaki presided over the launch of the gigantic Safaricom’s Initial Public Offer at Kenyatta International Conference Centre. ODM wanted the public-share rollout halted until the owners of Mobitelea, which owns limited shares in the mobile provider, were named. But on Friday, Raila encouraged Kenyans to buy the shares arguing he did not want the party to frustrate attempts by Kenyans to widen their investment portfolios.

Raila was escorted out of the meeting with Kibaki by the Head of Civil Service Mr Francis Muthaura, who is on record saying the incoming premier would not have sweeping powers in Government as speculated.

Speaking at Pentagon House on Friday, Raila said: "ODM would not be mere passengers in the Government and would stake out a claim of real power sharing within the Cabinet, in top Civil Service jobs and parastatals."

"These are weighty matters we are discussing. Both the President and myself are feeling the pressure to increase the Cabinet size, but we are looking at the interests of the country," Raila explained.

Pentagon members Mr Musalia Mudavadi, Mr Najib Balala, Mr Joe Nyaga, Bondo MP Dr Oburu Oginga and his Rongo colleague Mr Dalmas Otieno attended the press conference.

Waiting at Harambee House for Raila to clear with Kibaki were Dr Mohammed Isahakia, Dr Amukoa Anangwe and the party Communication Director Mr Salim Lone.

Against bloated government

"ODM would like to be in Government. But we cannot be part of a bloated Cabinet that will increase public expenditure. We would have wanted to have the new Cabinet named on Friday, not today, but we do not want to rush then regret later," Raila said.

"Outstanding issues include portfolio balance … no consensus was reached but PNU wants to retain the most important ministries," he added.

Raila said PNU’s desire to retain Ministries of Finance, Energy, Foreign Affairs, Defence, Internal Security and Provincial Administration, Transport and Communication, Information and Communication and Trade among others "negated cardinal principles of power sharing" as, signed in the Accord.

The PNU proposal also seeks to keep ministries of Environment, Livestock Development, Home Affairs, Immigration and Registration of Persons, Basic Education, Science and Technology and Public Health.

Out of 17 ministries, the PNU proposal only relinquished two - Roads and Public Works and the East Africa Community, which Mr John Michuki and Dr Wilfred Machage hold.

In its proposal ODM sought to take Finance, Public Service and Provincial Administration, Local Government, Planning and National Development, among the co-ordinating ministries. ODM also proposed to take Water Development and Irrigation, Information and Communication.

No date for resumption of talks was issued but Raila expressed optimism that the deal would be clinched without involving Annan again.

It was reported Annan had on Wednesday called Kibaki and Raila and told them to exercise the mandate given to them in the National Accord and Reconciliation Act 2008 to form a shared Cabinet.

He gave the example of the German coalition that took over one month to take form and again pleaded with Kenyans to give the talks a chance.

"In signing the Agreement on principles that was part of the Act, both Kibaki and I agreed we were stepping forward together, as political leaders, to overcome the current crisis and to set the country on new path,’’ added the Lang’ata MP.

Raila expressed ODM’s commitment and good faith in further consultations and willingness to compromise and asked PNU to embrace the same. Kenyans, Raila argued, wanted to see a Government that would eliminate wasteful public expenditures.

On Friday, German ambassador to Kenya Mr Walter Lindner joined his American counterpart Mr Michael Ranneberger in calling on Kenyans to give the two leaders time to form the Cabinet.

Lindner said the business before the two leaders was a heavy task that requires time and called on leaders to refrain from making alarming statements that could mar progress. Ranneberger on Thursday called on the leaders to tame their ‘foot soldiers’ from making ‘silly’ statements.

The Standard
What if Kibaki reneged on the power-sharing deal with Raila?


Maybe it was an Easter gift to Kenyans as the National Accord and Reconciliation Act, No 4 of 2008 and the Constitution of Kenya (Amendment) Act, 2008, were given assent by the President and became effective on March 20.

The Acts demand that there be a Prime Minister and that the “… coalition Government reflect … parliamentary strength of the respective parties …” and that there be “…portfolio balance.”

As the new law states, the Prime Minister is automatically the parliamentary leader of the largest political party.

Besides, the coalition government is based on the pro rata parliamentary strength of each political party forming the coalition. The coalition comprises ODM, PNU, ODM Kenya and Kanu, their shares in the coalition in the same descending order and including portfolio balance. ODM is therefore the senior partner.

The new constitutional provisions also give the power to appointing the Cabinet to both the President and the Prime Minister in equal measure, although it is the president to announce the line-up.

Personal synergy

This requirement thus demands of the President and the Prime Minister personal synergy, utmost good faith and transparency.

The above enactments were imperative to enable Kenya to avoid spiralling into chaos and joining such failed states as Cote d’Ivoire, Somalia and D.R. Congo. But Kenyans may have celebrated too soon.

It is nine days since the coalition law became operational and constitutionalised and yet there is no coalition government in place. There is the real danger of nihilists in the Government wanting to derail the implementation.

But what if the President reneges on the deal and refuses to consult the Prime Minister-designate over the Cabinet composition? What options do ODM and the country have?

The fatal defect of the new law is its failure to set an implementation time-table. Whenever parties to a dispute enter into a negotiated settlement, there is always a time-line to give it efficacy.

This loophole was either by design or through sheer incompetence on the part of drafters of the two Bills or the MPs during the debate. President Kibaki can therefore decide to impose his own time-line, and legally, we can only watch and wait.

However, leadership is not a legal issue only, and herein lie Kenya’s options. When a president by any other title comes to national leadership by any means other than the force of arms, there is a social contract between him and the people.

In a nation-state, the citizens surrender their collective leadership to a group or individual and, in turn, this coterie of leaders maintains law and order. This contract is based on principles of morality and reciprocity.

A social contract
If a social contract is based on morality and reciprocity, the President enjoys the support of only the people by maintaining minimum moral imperatives, among them his obedience to the law and respect of the rule of law and order.

The new law stipulates that there be a coalition government in which real power shared commensurate to parliamentary party strength. President Kibaki therefore has no moral choice but to give effect to this law.

Kenya is not a strong country, as our leaders would have us believe. We wallow at the bottom or near the bottom in almost every world ranking.

It is not a coincidence that we are ranked poorly, nor is it malevolent interference by foreigners. We are a poor, weak and backward country.

Should the President renege on the power-sharing deal, our situation will only worsen and we shall be on our way to the failed states club. In states like Zimbabwe there is no social contract between the leaders and the people, but rather a duress one.

The country is holding its presidential election today, and all the disciplined forces have made it clear that they expect Comrade Bob to win, arguing that they would not pledge allegiance to any other leader.

Zimbabwe league

We cannot allow Kenya to join the Zimbabwe league even though President Robert Mugabe has the temerity to say that he would not allow Zimbabwe to be like Kenya, referring to the post-election mayhem.

The basic elements of a failed nation-state are present in Kenya, and they include tribal conflicts, broken physical infrastructure, endemic and pervasive corruption and bad governance. The power-sharing deal was aimed at resolving these ailments, that the presidential election exposed.

National leadership, like any other public service, is not about self, but trusteeship from the governed. What is expected of our leaders is showing by example how to govern, administer, manage and make decisions.

Leadership demands moral rectitude, and how a leader respects the law and its coercive powers, represented in Cabinet positions, the Judiciary and police is the yardstick a leader will be measured on. And does President Kibaki care?

The law says that there be real power sharing in the Government and in portfolio balance. These are words that need no prevarication by either the President or Mr Odinga, or their surrogates.

But this is no time to be blackmailed by surrogates, nor can the two principals hide behind them. True leaders are known during a crisis when sober thinking is needed.

King David was such a leader; he never hesitated in decision-making even if it meant slaying the giant, Goliath. But Samson was a coward and indecisive when Israelis wanted freedom from Philistines. For his leadership, David was given an eternal dynasty, and for his failure, Samson went down in the temple ruins with no bloodline or legacy.

The Constitution as it is at present offers the President both criminal and civil immunity while in office.

Physical infirmity

Worse, he may be removed by only reason of mental or physical infirmity that impairs his execution of the presidential functions, and the process is long, tedious and hazardous.

If President Kibaki refuses to honour the power-sharing deal, this amounts to neither mental nor physical infirmity and so no ground for impeachment.

The framers of our impeachment clauses must have been students of command leadership if not former communists.

Other than his own moral persuasion, popular agitation and international re-engagement, Parliament maybe our last place of refuge and salvation. Parliamentary practice in especially the Commonwealth allows the House to pass a vote of no confidence in the Government.

ODM, being the parliamentary majority, ought to and must use this sword of Damocles to ensure the power deal is implemented at the peril of a no-confidence vote. For I am yet to come across an African president, or even MP, who wants to lose power.

Coalition government

The more we delay in having the coalition government, the more we risk losing ground of moving forward. We saw innocent Kenyans killed by police and militias during the post-election violence, houses burnt and people made refugees in their own country. It seems as though some people still do not want healing to begin and the nation to get back onto its feet.

Kenya must not allow an individual, a coterie of individuals, a political party or even a whole section of the country to ransom the rest.

Each era demands leaders to emerge above self to lead a country in need. Whenever states faced perils from within or out, legendary leaders such as Alexander the Great of ancient Greece, Abraham Lincoln of early America and Nelson Mandela of South Africa emerged.

But in such times, most modern countries take a wrong turn as no leader seizes the moment, as has happened across Africa. Mobutu Sese Seko of DRC and Zimbabwe’s Mugabe will always rank high on this list of shame.

Will President Kibaki and Mr Odinga stand up and hold the country together or will they rather be remembered in ignominy for dereliction of duty?

Will Parliament play its role to force the implementation on the threat of the collapse of Government or will the MPs be selling their souls for 30 pieces of liver?

Kenya is waiting and getting impatient.

Saturday Nation
By David Ohito and Abiya Ocholla

Faced with a stalemate in the negotiated power-sharing deal, President Kibaki has summoned a Cabinet meeting Monday morning where he is expected to spell to his team the hard options he has to take.

The Cabinet meeting, which is extraordinary in many aspects, is seen as the President's effort to save the pact between him and Prime Minister-designate, Mr Raila Odinga.

The President is expected to use the session to tell his team what direct impact the shared Government will have on them and how he intends to move forward.

Last evening, the Government Spokesman, Dr Alfred Mutua, confirmed the meeting. But he said he did not know the agenda.

However, a source said the meeting would be held at the Office of the President, Harambee House, and not the traditional State House boardroom where weekly Cabinet meetings are held every Thursday.

This will be the first Cabinet meeting since the President and Raila signed the deal on February 28.

Cabinet meetings by the half team of ministers, which was constituted soon after the December 27 General Election, had been stopped to give way to the constitution of the new Cabinet.

All the ministers have been invited to the meeting through the office of the Head of Public Service and Secretary to the Cabinet, Mr Francis Muthaura.

The crucial meeting, which starts at 10am, comes against the backdrop of anxiety over shared Cabinet portfolios in the grand coalition, which is already entrenched in the law.

None of the ministers we talked to was aware of the meeting's agenda. However, a top official told The Standard that the Cabinet would discuss the state of the nation, displaced people, development projects and bilateral relations with ODM.

A Cabinet minister who did not wish to be named said: "It will be a make-or-break meeting that will shape the destiny of the nation. Kibaki could very well use today's meeting to warn members that their jobs could be on the line. The decision to reshuffle the Cabinet and drop any of us will be in the public interest." ....
ODM wamekuwa wakidai baraza dogo la mawaziri ili kupunguza gharama za kuendesha baraza kubwa kwa kutumia hela ya walipa kodi. Kwa maneno mengine ni kuongeza mzigo kwa ajili ya kuwafurahisha maswahiba wa Kibaki.

PNU wanadai wanataka baraza lililo safi, mawaziri wa kutoka ODM wasiwe na kashfa za ufisadi, au wasiwe na kesi mahakamani na pia wasiwe walishiriki kwenye uchochezi wa vurugu zilizotokea mara baada ya uchaguzi wa mwaka jana.

Nina maswali ambayo ninajaribu kujiuliza na sipati majibu.

Kwa mtazamo wangu ninaona kama vile Ruto ndiyo mlengwa mkuu maana ndiye ambaye bado ana kesi mahakamani. Sina uhakika kuhusu vurugu za Bonde la Ufa kama zilimgusa ama PNU wana agenda ya kumhusisha. Ninajiuliza kwanini Ruto anaonekana kuwa mwiba mkali kwa PNU?

Kiraitu, Saitoti na Michuki ni watu ambao ninawaona kabisa kwamba hawako safi hasa kuhusiana na Anglo Leasing scandal (Kiraitu), Goldenberg Scandal (Saitoti) na Scandal ya Armemians na kuvamiwa kwa The Standard (Michuki). Ina maana PNU haiwaoni hao watu wao kwamba hawako safi na wao pia wanatakiwa wasiwe kwenye baraza. Je, Kibaki yuko tayari kuwatema?

Kama Raila atakubaliana na agenda ya PNU basi ajue kajimaliza mwenyewe kwa kuwa Rift Valley walimpa kura nyingi pamoja na kwamba Mzee Moi alimpigia debe Kibaki na PNU yake. Hapo naona target ni 2012, na kama Raila akikubaliana na hayo basi ODM itagawanyika vipande na haitakuwa na nguvu itakapofika 2012. Yangu macho ....
Keil mwenzangu,

Kwanza kabisa hio ishu ya katiba ni ya wakenya wote na sio ODM
wala PNU.Wakenya kwa jumla wanataka baraza la mawaziri ambalo ni dogo but efficient.ODM wanajua hii kitu na that is what they are advocating for.Hata hivyo PNU nao wanataka a bloated Cabinet ilmradi washkaji zao wafaidi.Mzee Kubaka knows that he has to give thanks to his friends who helped him rig the election.Yaani wameifanaya kana kwamba ni mali yao binafsi.

Ruto juzi ameenda mbele ya ile tume ya human rights na akawapa fact zote kinaga ubaga na akatoka clean.Propaganda za PNU nd'o zinasababisha jamaa wadhanie Ruto is guilty or worse still turning the Kikuyu tribe against Ruto...the same thing they did with Raila.Tatizo ni kua this gimmick is not selling!
Kwa hivyo ni agenda za PNU hizo maana wanajua come 2012,Ruto will be gunning for the PM post or even the President depending on how Raila plays this thing out.

Hilo swala la kina Kiraitu,Saitoti na Michuki ni la wazi kabisa lakini jamaa za PNU ni kama wamevaa miwani za mbao!They are picking on people selectively!Michuki amekua mwizi na muuaji toka enzi za Kenyatta,Saitoti naye amekua mwizi toka enzi za Moi. Na hivi majuzi ameshiriki katika kuiba kura zilizompeleka bungeni.Kiraitu Murungi is tainted by the anglo leasing saga na no matter how much he tries to come clean, the ghost still hangs around him.He is even on tape, telling Bw Githongo to go easy on the fact cats involved in corruption!!! Afu hao nd'o watu PNU inataka kuwabandika wakenya kama viongozi.

Yangu pia ni macho tu hadi 2012 ambapo hii seketa itachezwa tena!Asante.
Hisia zangu zilikuwa sahihi na sasa naona ODM wameamua kuwatolea uvivu PNU. I know target ni kupunguza nguvu ya Ruto kwenye mkoa wa Bonde la Ufa ambalo linaonekana wazi uwepo wa Ruto srikalini kunaweza kutoa upinzani mkubwa come 2012 ..........

Ruto must be in new Cabinet, says ODM

By David Ohito

ODM has warned against a push to have Pentagon member, Mr William Ruto, excluded from the Cabinet.

The party threatened to jolt the power-sharing agreement if PNU insisted on taking all the powerful ministries without regard to portfolio balance.

Mvita MP, Mr Najib Balala, said: "If they (PNU) take Internal Security, Defence and Foreign Affairs ministries they must relinquish Finance and vice versa. There is no joke about power-sharing."

Speaking at a news conference with 20 party MPs, Balala said power sharing would be extended to top public service jobs like Permanent Secretaries, ambassadors, heads of parastatals and directors of State corporations.

"The ball is squarely on President Kibaki’s court and we expect him to expedite the process and salvage the country from stress and anxiety," Balala said.

ODM warned that the country was courting another disaster by delaying the announcement of the Cabinet. They demanded that PNU makes public reasons for the demand that Ruto be excluded from the Cabinet.

"No Ruto, no deal. We will not accept the alleged vetting of ministers proposed by Prime Minister-designate Mr Raila Odinga," said Balala.

"We stand by Ruto and nobody should imagine he would be sidelined as we watch. He must be in the Cabinet."

The leaders termed the push "a desperate move to divide the party and its followers".

"ODM unity is rock solid and cannot be undermined by cheap tactics of those who should be in the dock (ministers) for their own crimes," said the MP.

The party Chief Whip, Mr Jakoyo Midiwo, claimed there were leaders in the Government who financed gangs to cause post-election chaos. He said some had been barred from travelling abroad.

The party took issue with the delay in implementation of the political settlement, arguing it would derail investigation into the election debacle and the work of the Truth, Justice and Reconciliation Commission.

The party urged for a speedy resolution of the Cabinet stalemate. The MPs asked Kibaki and Raila to agree on size before sharing portfolios.

"It appears we are back to 2002 when an MoU between Narc and Liberal Democratic Party was ignored," said Balala.

He, however, said the peace accord had the backing of the Constitution and must be implemented.

"Kenyans will not tolerate further delay in the implementation of the political settlement," the MP said.

ODM condemned the tear-gassing of Prof Wangari Maathai and members of civil society at Uhuru Park on Tuesday. They were pushing for a lean Cabinet.
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