Right before retirement, Court Justice David Maraga have given some critical advice to President Uhuru Kenyatta. This is happening years after the last Parliament election and only a few by-elections since then. So, this could have been picked up before, but as the CJ Maraga is soon a pensioner. He could speak his peace and expel the importance certain articles of the Constitution.
The Constitution states in article 81(b) no electoral bodies have more than 2/3 members in a elective bodies of the same gender. Also, in the article 261(7) which states this: “the Chief Justice shall advise the President to dissolve Parliament and the President shall dissolve Parliament”.
These parts of the Constitution sets a standard and recognize what the President needs to do after the advice of the Court Justice. However, in the middle of term, why didn’t the CJ do this sooner?
Most of the MPs was elected in 2017 and we are now in 2020. There been changes in the nominated senators, but then the President and the Team around him should have warned him. If not given a heads-up to ensure this wasn’t an issue. That the Parliament had the right balance of the genders and ensured the Constitution was followed. This could be easily done in the Senate. As the nominees can make a balance directly, if the parties and if the government wants it to be so.
This here will show, if the President has the interest of the Constitution or not. If he will abide to the recommendation or not. The Building Bridges Initiative (BBI) has a constitutional referendum in mind and this sort of letter might amplify that wish. While, the President either has to choose that path or dissolve the Parliament. Then his calling for an election and risks the total control of Parliament in his final term as President.
President Kenyatta have very few to go. There is little wiggle room and is an impasse on the President. He either has to do one thing or another. If he shuns it, then people know he doesn’t care about the Constitution. If he does that, then people know that he doesn’t value rule of law and equal justice for all. If he does dissolve the Parliament. Then he starts a process and preparing for another election. To ensure he has enough allies and continues to have control of both houses in the Parliament.
We can wonder what he will do, if he wants to reign with a unconstitutional parliament or if he wants to follow it?
We can also in the same manner, also question why Maraga did this now? As the amounts of MPs and Senators was mostly put in place over a long while. Not like it was a swift change. This could have been advised on a earlier stage. Because of the last election was in 2017. That should say enough really…
So, what will Kenyatta do? He got issues, a pickle and a conundrum. What he chooses to do, will seal his legacy on his constitutional behaviour and if wants some sort of justification for his control of the Parliament. Unless, he wants to rule with an unconstitutional electoral body…
That is his choice… and he knows it. If not he was reminded now and he got articles to follow. Peace.
“Former presidents Jomo Kenyatta, Daniel Moi and Mwai Kibaki were sons of peasants who rose to lead the country. We have a democratic system that allows for competition and equality” – ODM Leader Raila Odinga
The Handshake and the Building Bridges Initiative (BBI) have been a blessing in disguise for President Uhuru Kenyatta. He has defused the opposition and gotten a fixer. In such a manner, that his own Deputy President have become a man of ceremonies and not a needed side-kick. The President have not only bought time, but an loyal ally.
Because, now with the Revenue Allocation and the new County Budgets. The Orange Democratic Movement leader Odinga has traded blows. He first defended the matter and with the new voting in place between July and September. He has changed, but defended the President for doing so. Giving him praise and saying it benefits his causes.
That is why Odinga is Kenyatta’s fixer. The man with a plan, the one who cleans-up the mess and make everything look golden. The man who take all the dirt and still speaks highly of the Head of State. He doesn’t even have to order him to do so. Because, Odinga needs political capital and needs to activate his party. Alas, the defences of the actions in the Senate and in Parliament is just magic.
The supposed opposition, who is not opposition, but isn’t really government either. Still, he speaks more high and mighty about government programs. Then the ones representing the same government programs. While his party is the Leader of Minority in Parliament. Which is a weird state of affairs.
Odinga knows all of this. That’s why he has claimed to be both opposition and in government. That is maybe why his so defensive and such a supporter of the new revenue allocations to the Counties. Since, it benefits the state and their motives ahead. Because, if he would go against it. It would have diminished the chances of his baby, the BBI and the fictitious need for a referendum.
Raila, Baba knows perfectly well all of this, but trying to spawn a web and a need for everything. To make himself relevant and to deliver something in this term. So, that he can elevate himself. Since, he couldn’t deliver Canaan and CORD/NASA was destroyed by the Handshake. Only a chosen few got appointed and the ones who didn’t follow suit got left behind. This is what happened post 2017 elections.
We can all act like this isn’t a play, but it is. Odinga is the fixer, the man who sheds tears and sings rainbows, if the President needs it. While the DP is useless figurine, who can be the fall guy. Odinga can look good and the President can act like he makes things better. Even if the President does that or doesn’t do it. The ODM Leader will have his back and defend his actions. He might make a fuzz for a minute, but moments later the ODM leader will show another face. Which just happens to fix the issues and the wanted outcome for the President.
Kenyatta must be giddy. He got Baba by giving him invisible trophies and lookalike projects to preoccupy his mind. While Odinga does that and defends whatever Kenyatta needs. He got the carrot of BBI to keep him busy. That’s why he doesn’t have a functioning opposition to counter his argument. As the ODM is to preoccupied and working on a non-function, non-important BBI.
Odinga was bought for little to nothing and is now the fixer. That must be boring for all the ones who fought with in 2017. Not to mention all the guys who risked it all in the days of CORD/OKOA and NASA.
The Fixer is here. Kenyatta don’t have to worry. Odinga got him and he will make arrangements. He will make the ugliest painting looking like a masterpiece. Peace.
The African National Congress (ANC) sent a mediation team to the Republic of Zimbabwe and met with the governing party Zimbabwe African National Union – Patriotic Front (ZANU-PF) on the 9th September 2020. The day after they delivered a Joint Communique on the 10th September 2020, which haven’t gotten the best press either.
In this game, the ANC couldn’t win. They didn’t raise the stakes and neither did they address the needs of Zimbabwe. The ANC or the South African delegation to Zimbabwe only met with on party and didn’t even try to seek grievances elsewhere. Because, ZANU-PF the ruling regime will not tell the truth, neither will they address the issues at hand. That will make their ills and violence naked to the world to see. Something that would be stupid for them and they don’t want the neighbour to that for them.
Therefore, the ANC and the South African playing this soft has backfired. They didn’t do anything and also gotten nothing to bring home. They are going to a barbecue, but they don’t have meat or a salad. They are coming empty handed and hoping to eat a feast.
The ANC should have known and been prepared, alas it seems like a fishing expedition. ZANU-PF are now disowning and discrediting ANC. They are playing out all their cards and mocking the ANC. There is nothing they are not saying or touching on, which cannot be thrown back at them. Still, they are doing it for one reason. To make an insult of self-defence.
They are claiming Mbeki was invited, while this time they came on their own. Not like the ANC wasn’t coming there as a representation of the African Union, which Ramaphosa is the leader of right now. Mnangagwa knows that and the ZANU-PF knows that too. SADC have been silent on Zimbabwe too… so they have gotten off easy considering the issues that is living out in the Republic.
ZANU-PF knows about this and their methods to silence critics and dissidents. The state of affairs is this way and instead of addressing that. Take accountability and being transparent about that. The ZANU-PF throws shade ANC. Saying all kind of ridicule and being ridiculous… like the younger sibling teasing the older sibling. We have seen it all before and ZANU-PF plays it to a T.
If the ones in-charge in Harare things this is a smooth move and brilliant PR. They are clearly misguided. Yes, it helps their backers and the ones in power. However, they are not getting more friends or even getting positive feedback from the international community.
ANC should have played this differently and not rushed this out so quick. Yes, there was an outcry and legitimately so… there are plenty of violations and issues, which the ZANU-PF doesn’t want to change. Because, that means they have to answer for their actions, which they are not interested in doing.
With all of this in mind, the ANC couldn’t have made a difference. There is no will from the authorities in Harare anyway. That is why they are deflecting and showing no remorse in the media in the days after. They are even vilifying the ANC. That is to the extent the ZANU-PF goes too further their own interests. ZANU-PF only did this, because they felt they had too. Not because they wanted too.
So, Ramaphosa, AU and SADC have to see what has happen after the meeting and ask for an invitation with a mandate. Because, what they did now was a lot of nothing with no results and getting a lot unnecessary scrutiny, which they could have prepared before leaving South Africa. Alas, they didn’t and with the haste to intervene. They have only lost on both fronts and ZANU-PF is only showing their true face… Peace.