By Martin Mutua

Memories of the secret Memorandum of Understanding (MoU) President Kibaki signed with seven senior politicians in October 2002, but ignored once in State House, is casting a long shadow over present-day alliance building.

It is the biggest headache for politicians as they try and forge agreements on pre-election partnerships to determine who gets what should they win the elections.

It is the story of three different MoUs that President Kibaki and top politicians signed that if it were implemented, would have redefined Kenya’s politics and probably even have had impact on the face of Kenya’s leadership as it is today.

According the three MoUs signed by the leaders at various stages, one stands out for its stipulation on which side would have gone with which posts, and the fact that it was so secret that most of those who knew it were its six signatories.

There were two sides to the deal. On the one hand was President Kibaki’s National Alliance of Kenya that included Kijana Wamalwa, Mrs Charity Ngilu and Mr Kipruto Kirwa. 

On the other hand was Kenya’s current Prime Minister Raila Odinga’s Liberal Democratic Party that included today’s Vice President Kalonzo Musyoka, Prof George Saitoti and former Vice President Moody Awori.

If implemented, according to the secret deal alluded to by Kalonzo during Saitoti’s burial, via the revelation that he was to be the first Deputy Prime Minister, Wamalwa would have still been Kibaki’s Vice President as happened in 2003.

However, Ngilu who ended up as Health minister, and Kirwa, who was voted out in 2007 elections, would have been second and third DPMs on the NAK share of seats.

But as it turned out, Kibaki appointed both to Cabinet, only not to the positions they expected since he retained the VP post, but did not create the other portfolios the signatories anticipated. Ngilu got Health before switching over to Water, while Kirwa got the Agriculture ministry.

The other LDP or Rainbow Coalition members would have shared four seats with Raila slated to take over as the second Prime Minister, Kalonzo Second Vice President, Saitoti first DPM and Mr Moody Awori Senior Coordinating Minister. Though Awori was in Raila’s wing, Kibaki picked him as VP when Wamalwa died the same year.

Although the MoU was not explicit on what individuals would get, positions were allocated on party basis, and thereafter the two sides were to agree among themselves who was to get what. But after informal consultations, the agreement was reached on the names the incoming President was to work with.

Sources revealed the plan was that whereas some of the positions were not in the old Constitution, Kibaki was to lead the way in having Parliament approve amendments for their creation.

Very secretive

As Kenya heads to election, that would see Kibaki retire, talk of MoUs are already in the air with Kalonzo and Raila both telling the country they had separate MoUs with Saitoti. There is also talk of a power-sharing deal reportedly being pursued between the two current DPMs — Mr Uhuru Kenyatta and Mr Musalia Mudavadi.

Inquiries by The Standard on the intricacies of the 2002 MoUs, which certainly have a bearing on today’s political negotiations, despite the new provision that they be deposited with the Registrar of Political parties, revealed there were actually three in number, but one was signed secretly by ‘Summit’ members.

The other MoU was signed by members of NAK who had, prior to the coalition with LDP, come up with an internal document that would have seen them share out top positions in government.

However with the arrival of LDP, it was NAK’s MoU that was rendered irrelevant.

Sources disclose that while the negotiating team for both LDP and NAK had negotiated one MoU that was later signed on October 22 at the Hilton hotel, little did they know another MoU had been secretly signed a day before by the eight summit members behind their backs.

So secretive was the meeting and the sharing out of the seats that none of the Summit leaders, except Raila, informed their lieutenants on what had transpired at the Nairobi club until the elections were held in December that year and Kibaki became President.

When contacted, Ngilu confirmed that the MoU was signed by the Summit members, but expressed regret President Kibaki reneged on it when he took over power.

“The sharing out of the positions that took place after the post-election violence in the National Accord was the same thing we had agreed in the MoU. If Kibaki had not reneged things would have been different,” she added.

And a meeting that had been convened at Hotel Intercontinental on October 21, 2002, for the leaders to adopt and ratify the MoU was abruptly dispersed, after Kalonzo and Prof Anyang Nyong’o entered the hotel and ordered the leaders to leave.

“Nobody could understand why Nyong’o and Kalonzo came and dispersed the meeting which was waiting for the summit leaders to come and sign the MoU that was ready,” another source disclosed.

But unknown to the negotiating team and other leaders, the two had come straight from Nairobi Club where they left the other seven summit members holding a meeting.

Teams clashed

A standoff ensured at the Hotel Intercontinental between Nyong’o and a member of the secretariat, now a Supreme Court judge, Njoki Ndung’u, after Nyong’o attempted to get her to change the contents of the original MoU.

According to our sources that prefer anonymity, Nyong’o wanted the details on sharing out of the seats to be included in the MoU, but Njoki declined arguing that such a drastic alteration would require the full instructions of the Summit, which she did not have.

“It was Hon. Dr Kituyi who separated the two after the standoff between Njoki and Nyong’o almost got out of hand,” revealed sources that did not want to be quoted for fear of being seen to be antagonising some of the leaders.

When contacted, Kituyi declined to comment saying he did not wish to talk about MoUs for people who had already passed on, an apparent reference to Saitoti and Wamalwa.

Sharing of seats

But after Njoki declined to take Nyong’o’s instructions, the sources continue, Nyong’o summoned Lawyer Ambrose Rachier with whom he proceeded to Nairobi Club where the “secret MoU” was drafted by the eight who shared the seats, and the document was later put under lock and key by Rachier.

It is this one that endorsed Kibaki as the single presidential candidate for the National Rainbow Coalition (NARC) and it is on its basis that Raila later declared him Tosha (fit) for the presidency at an Uhuru Park rally.

It was also resolved that after being elected, Kibaki would summon the Summit in order to discuss the appointment of the Cabinet and the distribution of ministerial duties. This, however, did not take place.

According to the MoU, membership of the Cabinet was to be determined on a 50-50 power sharing formula between the two parties.