While we see no need to chest-thump as the CORD negotiating team on IEBC reforms, CORD has achieved what we know is critical to delivering a free, fair and peaceful polls next year.
One; what Jubilee intransigence throughout this process has revealed to us is that the much hyped ‘numbers’ by Jubilee are nonexistent. The fear to have a credible electoral institution by Jubilee tells it all.
Having said that; our team has achieved one critical objective that we set to achieve which was, foremost, to have the current crop of IEBC commissioners to go.
We’ve also reduced the number from nine to seven and delineated their roles from those of the secretariat.
We’ve set modalities for getting a new set of commissioners in the most rigorous manner possible which, in our human estimation, should guarantee utmost credibility.
There are finer details to this that we’ll share in coming days.
My experience with Kenya’s democracy project so far is that it is work in progress. Today we give this, tomorrow we get that. It is give-and-take. And while often we wished we had all; that isn’t how it works in reality.
Two; the voter register will be forensically audited. While Jubilee and current IEBC didn’t want anything done on the voter register, and we were adamant the register had to be expunged and a new one instituted; the middle ground was to audit it and should there be ‘multitude of ghosts’ in it; that will automatically lead to a new one.
Three; from next year the country will go for electronic voting. This goes to voter identification, registration, ballot casting, votes transmission and and tallying. Should this system collapse, there shall be no reverting to manual: the election shall be repeated.
Four; we have anchored it in law that IEBC must provide, within 48hrs, all documents it used to declare any candidate a winner. Many of you who followed 2013 presidential petition knows why this is significant.
Finally, there are finer details of what our side has achieved which cannot be reduced to A FACEBOOK post – much as I wished I could – but I felt it was important to clarify that CORD has achieved much, much more; though not all.
In the end; the only way to get jubilee out of power is to VOTE them out of power. This is the next stage.
“Several legislators drawn from new ford Kenya and water cabinet secretary Eugene Wamalwa have urged cord co principal Moses Wetangula to dump the opposition and join them in the jubilee alliance so as to strengthen the voice and position of western Kenya leaders. Speaking elsewhere, Sirisia mp john Waluke who is among odm mps from western Kenya who have differed with party leader Raila Odinga, also urged Wetangula to abandon cord and join a new alliance of western Kenya leaders dubbed the third force” (Kenya Citizens TV, 2016).
“Nairobi senator Mike Sonko says he is ready to decamp to cord if former vice president Kalonzo Musyoka clinches the cord presidential ticket. Sonko also urged Musyoka to ensure he brings all elected leaders together to ensure unity and development in the country. Sonko was accompanied by Bungoma senator Moses Wetangula, cord principal Kalonzo Musyoka and several other Cord MPs” (Kenya Citizen TV, 2016)
“Raila Oding’a final day in Western Kenya to consolidate the regions vote amid fears of an internal revolt was marred by fracas. Politics of mumias Sugar Company dominated the day, as the ODM leader found himself facing irate youth who were demanding answers on his alleged role in the collapse of the region’s sugar sector. Simon Achola has details of the scuffle as the ODM leader wound up his 5 day tour of western Kenya” (KBC News, 2016)
The Diligent race of who will run against Jubilee Alliance Party (JAP) and their incumbent President Uhuru Kenyatta and his deputy William Ruto. Therefore they need to be a strong and viable force to be able to run a good campaign and be a viable choice instead of the men running the country currently. Especially since Kenyatta is the following of a cloth of leaders from his father Jomo Kenyatta, Mwai Kibaki and Daniel Arap Moi. So there is even more important for the Opposition to have certainty and clarity of their vision to counter the JAP.
As early as 4th April 2016 there was on this day the FORD Kenya opened the Campaign trail in Kakamega with first consultative rally for Hon. Moses Wetangula for his start for the Presidency 2017-2021.
This didn’t go down well as this sparked reactions as the ODM supporters crashed the venue and had violence between them, the ones taken part of the rally and the Police in the area. There were different excuses for how it went down and who to blame. As there were even reports saying they we’re hired by the JAP to make the Opposition look out-of-control. So there are issues to handle that I am coming to address as they need to be addressed while it still is time.
There are two important characters and opposition leaders who will have their place, first the grand opposition leader in Kenya, Hon. Raila Amullo Odinga and Hon. Stephen Kalonzo Musyoka.
As there are three main parties in the Coalition for Reform and Democracy (CORD) are the Orange Democratic Movement (ODM, Odinga), Wiper Democratic Movement (WDM, Musyoka) and Forum for Restoration of Democracy (FORD-K, Wetangula). These three gentlemen and their parties went into a coalition before the 2013 General Election. Since then they are supposed to be an alternative to the ruling regime.
So the recent days of internal squabble and fight does not look good compering to the solidification and cleared air in the ruling party. Therefore the CORD looks like a wounded dog trying to all grab the bone. That is the outside look of it all. As they all had signed an agreement and if they we’re gentlemen they wouldn’t try to deflect it.
At this time there is emerging that the CORD had written a Clause 8: Special Condition.
That Special Condition says this:
“This Memorandum of Understanding also expressly states that the CORD Coalition Presidential Candidate for 2013, 2017 and 2022 are Hon. Raila Amullo Odinga, Hon. Stephen Kalonzo Musyoka and Hon. Moses Wentangula respectively”. This was part of the agreement that the parties signed in 7th December 2012.
If they should honour this agreement, Hon. Moses Wetangula should have waited a tenure or term, the transition after Hon. Raila Odinga was Hon Stephen Kalonzo Musyoka. That is if this political agreement and framework is supposed to be respected by the fellow parties involved. Since they should have some common sense, if not then all of them just want power by stifling everybody on the way to the Executive Position in the country. That kind of way of gaining power is not great way and you will have less friends to help you out if you get in office, as you left all of your allies in the dust while you shine in the sun.
There more parties in the Coalition they are Kenya Social Congress, The Independent Party, Kaddu Asili, Peoples Democratic Party, Chama Cha Uzalendo, Muungano Development Movement Party of Kenya, United Democratic Movement, Chama Cha Wannachi, Federal Party of Kenya and the Labour Party of Kenya. So there are more constituencies and alliances at stake, the Wiper Democratic Movement, Forum for Restoration of Democracy and Orange Democratic Movement. So there are a lot of fancy names and loyalties involved. As there next coming days will extend and show especially as the alliances will be altered by the inaction and the counter-attacking the running-mate of the CORD alliance.
The Cord Alliance could be strong if they we’re certain of who they wanted to be their Presidential Candidate, if the three main candidates didn’t start to show aggression and ambition, but showed loyalty towards each other. Now the men are showing the tone of the coming election, as the CORD alliance is dwindling as rain-water floods slowly to the river.
They could be strong political unit together and scratch each other’s backs when times need so. But when they are going alone into the campaigns and also dissolving the opposition power that they had. Because they now have to form something new with the other parties, if not then there will be 11 presidential candidates against H.E. Uhuru Kenyatta. And we all can guess the outcome. There will be no struggle and reach to prove their viability towards the ruling party.
CORD could if they go for either of Moses Wetangula, Raila Odinga or Kalonzo Musyoka. Especially considering the agreement of 2012; that the 8 clause said clearly that there was the time for the Hon. Musyoka of WDM and not the term for running for Hon. Wetangula of FORD-K. And Hon. Odinga had promised to step back after the first election under the agreement as he was the Presidential Candidate in 2013. Something that failed, still the other parties was behind him and the ODM as their flag-bearer. Now was the time to support Hon. Musyoka of WDM. Instead before the Kakamega rally of Hon. Wetangula on the 1st April Hon. Odinga endorsed him, while not showing up and having alleged ODM supporters creating animosity at the starting rally for his Presidential Campaign of 2017.
There is certainly something lost between the leaders of the ODM, FORD-K and WDM. The other 8 parties should either get them to choose one leader in peace, or else go to the ones they have the most faith in, instead of dismantling the Power of the Opposition. As if they still standing united they have something to come with, the sense of a sensible choice of leaders that can work together even with their differences. But if they fail to unite right before the races to the 2017 Elections; then there are only one winner, and no winner is at the camps of the Opposition. The winner is the JAP and incumbent Kenyatta, who gets a weak opposition and also together with no reform of the Electoral laws, gives the way into second term without much work.
The internal bickering and fighting for the Presidential Candidate in CORD will only give the JAP a stronger position into the coming elections. As the fighting between Hon. Odinga, Hon. Wetangula and Hon. Musyoka starts, and there can only be sorrow on the opposition side, as they can see the internal fighting only weakens their position and their capabilities to counter the ruling party. And what happens with the other 8 parties can question where they should go and who they want to be loyal with. Or if they want to stay alone against former allied and be single political party with their own Presidential Candidate. That is what the next few days and months will say. But there seems like there are open frictions between the three leaders of CORD coalition and it is not strengthening the opposition, but instead making the election look better for Kenyatta and Ruto. Peace.
Ms Baleka Mbete
Speaker to the National Assembly
Republic of South Africa
Private Bag X15
Dear Honourable Speaker
REQUEST FOR A DISCIPLINARY ENQUIRY AGAINST PRESIDENT ZUMA.
The above matter has reference.
Following the scathing Constitutional Court judgment delivered on the 31st of March instant, and found amongst others: “
“Consistent with this constitutional injunction, an order will thus be made that the President’s failure to comply with the remedial action taken against him by the Public Protector is inconsistent with his obligation to uphold, defend and respect the Constitution as the supreme law of the Republic; to comply with the remedial action taken by the Public Protector; and the duty to assist and protect the office of the Public Protector to ensure its independence, impartiality, dignity and effectiveness”.
A barrage of vicious attacks was meted against the office of the Public Protector and the Public Protector, by amongst others, members of the National Assembly; to a point of accusing her of misleading the nation. This grave misconduct has adversely affected the operations, performance and effectiveness of the Public Protector. Notwithstanding the clarity given by the Constitutional Court, the President, in his public half-hearted apology, failed to express himself on this matter of national interest.
In July, justice portfolio committee chairperson Dr. Mathole Motshekga told the Nkandla ad hoc committee: “We should not, and cannot, apologise when we say the report of the public protector is misleading and has misled the nation.”
The National Assembly Portfolio Committee on Justice and Correctional Services, led by the chairperson, Dr. Mathole Motshekga and Ms Thandiswa Mahambehlala brutally attacked the person of the public protector. This may have led to the economic embargo against the office of the Public Protector.
News 24 reported on the 3rd of April 2016; attribute the following to the Speaker of the National Assembly, Ms Baleka Mbete; “Now I don’t know who owes the public protector an apology about what because as far as Parliament is concerned, the situation has been explained,” she said.
It is my considered view, that the National Assembly has a Constitutional obligation to hold the President accountable on this matter. He has the duty to assist and protect the office of the Public Protector to ensure its independence, impartiality, dignity and effectiveness.
Further, the Constitutional Court found, against the President: “Consistent with this constitutional injunction, an order will thus be made that the President’s failure to comply with the remedial action taken against him by the Public Protector is inconsistent with his obligation to uphold, defend and respect the Constitution as the supreme law of the Republic; to comply with the remedial action taken by the Public Protector; and the duty to assist and protect the office of the Public Protector to ensure its independence, impartiality, dignity and effectiveness”.
Schedule 2 of the Constitution under Oath or solemn affirmation of President and Acting President provides: “The President of Acting President, before the Chief Justice, or another judge designated by the Chief Justice, must swear/affirm as follows: In the presence of everyone assembled here, and in full realisation of the high calling I assume as President/Acting President of the Republic of South Africa, I, A, B., swear/solemnly affirm that I will be faithful to the Republic of South Africa, and will obey, observe, uphold and maintain the Constitution and all other law of the Republic; and I solemnly and sincerely promise that I will always –
- promote all that will advance the Republic, and oppose all that may harm it;
- protect and promote the rights of all South Africans;
- discharge my duties with all my strength and talents to the best of my knowledge and ability and true to the dictates of my conscience;
- do justice to all; and
- devote myself to the well-being of the Republic and all of its people”.
The President has on numerous occasions, and with regard to the report of the Public Protector and the security upgrades at his private homestead; made statements in the National Assembly, which were not accurate and may be bordering on perjury.
To date, the nation as has not seen, the size and colour of a piece of paper purporting to be a bond that the President told the National Assembly funded his private home. Access to this document was never granted to the Public Protector as reported.
Above all, the President had the audacity to come to the National Assembly and made mockery on a matter affecting the whole nation. We can all remember him infamously saying “…Nkandla – Nkandla! Owu Thixo – wa-se – George – Goch!”
Accordingly, it is my considered view that the National Assembly is enjoined to institute a disciplinary enquiry against the President, in order to ascertain the gravity and the seriousness of the conduct of the President, as determined by the highest court of the land.
In this regard, I propose:
That a disciplinary enquiry be instituted against the President to:
1.1. Investigate whether the President has not misled the National Assembly with regard to his pronouncement on the security upgrades in his private homestead as well as the report of the Public Protector; and
1.2. Investigate the gravity and seriousness of the conduct of the President as determined by Constitutional Court on the 31st of March 2016, and in line with section 89 (1) of the Constitution.
That the composition of the disciplinary enquiry be made up of three retired judges given that the National Assembly is conflicted, and that its findings should only be subjected to a review by a court of law where necessary.
That a Multi-Party Committee be established to conduct a review of the current legislation governing security upgrades for public representatives in order to avoid further occurrence.
That the National Assembly, set up a process that will immediately address the economic embargo meted against the office of the Public Protector and ensure that it is sufficiently resourced to be able to discharge its Constitutional obligations independently, impartially, effective and with dignity.
Finally, the National Assembly has no choice but to hold the President accountable. Failure to do so, will send an unfortunate message to many other entities, that since the President was never held accountable, no one will have consequences for misleading the National Assembly under oath.
Mr. Bantu Holomisa, MP
President of the United Democratic Movement