Raila Odinga pushes for mixed system of government

CORD leader Raila Odinga (centre) addresses the Press Wednesday at his Upper Hill office in Nairobi after a three-week mission to the US, Mozambique and South Africa. [PHOTO: COLLINS KWEYU/STANDARD]

NAIROBI: Kenya must adopt a system of government that balances between a presidential and parliamentary model to solve the land problem and the stalemate over the summoning of Cabinet Secretaries to answer questions on the floor of the National Assembly.

This is the message that CORD and ODM leader Raila Odinga sought to pass on to the public Wednesday after three weeks away in the US, Mozambique and South Africa.

He tore into National Assembly Speaker Justin Muturi, saying the House leader's statements implied he would not obey court orders, something the former PM said should not be allowed as it would be tantamount to disregarding the rule of law.

"We must be clear which type of system we want for the country. I disagree with National Assembly Speaker Justin Muturi saying that they will not obey court orders. He is the Speaker of Kenyans and not just for the National Assembly. This is an opportunity for all the MPs to support the referendum and change the law to allow for a mixed system," said Raila.

The former Prime Minister said land and matters like the one pitting the National Assembly against the Presidency can be resolved by the Okoa Kenya referendum being pushed by CORD.

Raila said reforms in management of land and elections are top on CORD's agenda for the referendum, but the unease over the possible grilling of the Cabinet Secretaries by MPs exposed challenges about the system of government now in place.

While congratulating President Uhuru Kenyatta on his acceptance to obey International Criminal Court (ICC) summons, Raila dismissed his approach to recall Parliament to hand over power to his deputy William Ruto.

He said that the Constitution is clear on the role of the Deputy President whenever the President is out of the country, and argued that there was no reason to engage Kenyans on political theatrics of handing over the presidential motorcade.

"I congratulate the President for having obeyed summons and sparing Kenyans the agony of repercussions if he didn't go. However, there should have been no hullabaloo of handing over power, yet the Constitution is clear on the issue. He was away in New York City for 10 days, but he never called Parliament to hand over power to his deputy. This was all about theatrics," said the former Premier.

He said that the National Land Commission (NLC) must be empowered to manage public and community land, and the national government left in charge of private land.

"The Karen land saga is an act of impunity which should not be happening today. Even when there is evidence linking an individual, they will still deny it. A hyena cannot be placed to take care of the sheep, otherwise you will end up having no sheep," said Raila.

"This is the ultimate index of greed where a hustler becomes an entrepreneur without sweat. Land has always divided the haves and the have-nots, and if the issue is not solved, the culprits will continue to steal more land," he added.

Raila said the quest for a referendum offered an opportunity for Jubilee leaders to support a change in the system of governance to a mixed system where MPs can also be appointed Cabinet Secretaries.

The former Premier said CORD would continue to press for electoral reforms, explaining that they were proposing that political parties and civil society be allowed to appoint members of the Independent Electoral and Boundaries Commission (IEBC).

He said Kenya should learn from the best practices like those in Mozambique and Mexico where the electoral commissioners are appointed by political parties.

"We all know that human beings can never be neutral, and the only way to have a better system is the need to allow political parties to appoint members to the electoral body. This way, they will check on each other," said Raila.

He said the move would make the IEBC more transparent and accountable and ensure that every vote counts. The commission, once reformed, would have only one national register at least 30 days before the General Election, he said.

CORD also wants the electoral reforms to ensure that voter registration, voter identification and transmission of results are done through a seamless electronic technology and not a manual system that can be manipulated.

The Opposition will also push for a review of the law so that voter register data can be accessible to any person upon request within 24 hours.

Continuous reforms

"Every election should be a springboard for electoral reforms and we should make any necessary reform because we learn from mistakes. Political parties and civil society should be allowed to appoint electoral commissioners. This system has worked in Mexico and Mozambique and we should not stop reforming the institutions until they meet the standards," said Raila.

Siaya Senator James Orengo and ODM Executive Director Magerer Langat and a host of CORD MPs were present.