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Opinion: Kenyatta’s constitutional curveball

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.

Opinion: Odinga have become Kenyatta’s fixer

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.

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Opinion: Odinga continue to sell the same dream

A referrendum does not need to cost more than Sh2 billion ,so we should not be told, we have no money, there is no money to do, we can teach Chebukati how to do it so we have everything needed for a country to do a referendum, we will do it before the next General election” (…) “It is not the desire for anyone to make it any more difficult and costly than it is, a referendum doesn’t have to cost billions” (…) “The purpose of the BBI is to have a free and fair election and that no Kenyan blood is shed because of an election” – Raila Odinga (Capital FM Kenya, 13.08.2020).

On 9th March 2018 President Uhuru Kenyatta and Raila Odinga made a “handshake” that turned the enemies, the two heads into a team. The Jubilee got an alliance and a friendly opposition by giving the Orange Democratic Movement (ODM) a Building Bridges Initiative (BBI). Which have dropped a report in November 2019. Even if the Reported was dated back to October 2019. There was a long time rumours and speculations of what it contained. However, the propositions and the ideals of this. Is to ensure the dynasties and the political another life.

The BBI Report and the whole BBI project is a big-man game. This is not to ensure the wrongs within the 2010 Constitution. This sort of journey has been to ensure relevance of Odinga. Also, buy Kenyatta freedom to do whatever, as he can use the BBI as a bargain chip. Since, he knows Odinga will not trade that away over a vote or a policy in Parliament. This is why Kenyatta have won big by giving away a few shillings.

Kenyatta bought himself peace of mind. That is why he can clean the slate. He has the majority in Parliament in both houses. The President has all houses and controls the state. Kenyatta can just order, direct and push a few buttons. From there it will go his way and fix his needs.

The political gambit was over after the Fresh Presidential Elections. When Odinga and Kenyatta parleyed. These two settled their grudges. The second rigging and the systematic injustice of the vote got erased. As Odinga botched the unease and got a few tokens. He got a little trophy, got a committee and some official appointments. However, he still have very little to no power.

That is why his selling a referendum. The BBI is another OKOA. The same sort of trade-off, where they want to change the legislation and secure the next election. However, not having the powers or the opportunities to do so. It is selling the same dream. As Kenyatta will not give up the cartels, the power and the needs, which enriching himself and his closest associates.

Just like Odinga sold Canaan to his supporters. He is now trading BBI and the Referendum. Just like he did with OKOA too. Yes, the IEBC has faults, yes the rigging is there and the state has pins in it. They are ensuring the ones are picked and appointed. Kenyatta knows this and Odinga knows this too.

Still, he wasn’t kicking and screaming after the handshake. He went into another mode after the handshake. Odinga got a unofficial role and the ODM got suddenly more relevance. His now selling another OKOA, a BBI, a revised edition to make changes. Kenyatta should be grinning, because Odinga is still in 2015 and 2016. Just missing the questionable signatures and other issues that the last go round had.

Odinga better get another song to sing. He needs another message. Baba seems to be on one MO and cannot sing another anthem. Odinga should learn new tricks, but maybe that’s a bit late now? Peace.

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