NAIROBI: The Government yesterday imposed a total ban on all demonstrations against the electoral agency following Monday’s violent protests.
Terming the protests illegal, Interior Cabinet Secretary Joseph Nkaissery said the protesters did not comply with the law and had caused loss of lives and destruction of properties.
“Clearly, these demonstrations are not within the parametres set out by the constitutional court at the behest of CORD,” said Nkaissery during a press conference in Nairobi. Nkaissery was flanked by Attorney General Githu Muigai, Solicitor General Njee Muturi and Inspector General of Police Joseph Boinnet.
But in a quick rejoinder, CORD Secretariat dismissed the Government’s move, terming it unlawful.
“Clearly, Nkaissery is living in the past. His utterances smack of an old colonial order that is laden with impunity of the past. He is out of touch with our new dispensation,” said the statement by CORD Secretariat Chief Executive Officer Norman Magaya.
The Government’s move come even as both Jubilee and CORD maintained their hard line stance on the fate of the Independent Electoral and Boundaries Commission (IEBC). Both sides seemed to pull in opposite directions, a day after violent protests left one person dead and 22 hospitalised with gunshot wounds in Kisumu.
Jubilee vowed to block any deal struck outside Parliament while CORD chose to withdraw its members from a House committee and from participating on any issue touching on the electoral commission in the Legislature.
Majority Leader Aden Duale threatened to block any deal that will be struck outside Parliament if he does not agree with it.
“Even if President Uhuru Kenyatta and the former Prime Minister Raila Odinga meet and agree, they will have to come to Parliament and I may oppose it,” said Duale.
Duale further held on the Government’s stand that talks over the Issack Hassan-led team must be within the Constitution.
CORD MPs resolved to abandon twin efforts spearheaded by the bi-partisan Parliamentary Caucus on Electoral Reforms and the National Assembly Justice and Legal Affairs Committee.
“The CORD Parliamentary Group meeting has asked us to disengage from the bipartisan initiative. We also resolved that none of the coalition members, who are members of the Justice committee, will engage in anything concerning IEBC. We are 13 members in the committee and all of us have been asked to withdraw from any talks,” David Ochieng (Ugenya) told The Standard.
Instead, CORD now wants the National Assembly’s House Business Committee to fast-track debate on a report of the Public Accounts Committee, which has a damning verdict on the nine commissioners and also recommends that IEBC Chief Executive Officer Ezra Cheloba be barred from holding public office.
As the politicians sparred, the civil society proposed a strategy for talks that will include not just the politicians in the main political parties, but also citizens and lobby groups that deal with governance and elections.
At CORD’s parliamentary group meeting, the coalition’s leadership reportedly instructed the MPs to back off from any talks within Parliament aimed at resolving the standoff.
After a close to four hours meeting at Wiper Offices yesterday chaired by CORD principals Raila Odinga and Moses Wetang’ula, the Opposition also disapproved the over 150 parliamentarians in the Caucus spearheading the IEBC deadlock.
JUBILEE INTERESTS
CORD Management Committee Co-chair James Orengo (Siaya) said its members, who are in that caucus, are at liberty to continue being part of the initiative but the Opposition does not approve of its processes.
“We have instructed our members in Justice and Legal Affairs Committee to withdraw their services from that committee. It is a smokescreen that we don’t approve. What we want is a structured dialogue on the removal of IEBC,” said Orengo.
“The Justice committee is being abused by the Jubilee government. What it is advancing are the interests of Jubilee. We have decided to withdraw our membership not to engage in anything concerning the IEBC matter. Let Kenyans know that we are not part and parcel of what is happening in Parliament. The caucus is even worse. We are being duped,” said Peter Kaluma (Homa Bay Town), also a member of the Legal Affairs committee.
This development jolts the caucus, whose other convenors are Kabando Wa Kabando (Mukurweini-TNA), Sakwa Bunyasi (Nambale-UDF), Mary Emaase (Teso South-URP), Hellen Sambili (Mogotio-Kanu) and Mohammed Elmi (Tarbaj-ODM). It also complicates issues at the Justice committee, which has sponsored two bills to end the stalemate.
The caucus had identified nine issues for discussion, including engaging the President, Deputy President, William Ruto and Cord leaders on the issue. They also resolved to deliberate the matter with other political parties and the leadership of Parliament.
Earlier, during a breakfast meeting hosted by National Assembly Speaker Justin Muturi and the Editors’s Guild, he stressed the need for public participation to resolve the impasse.
“I encourage public participation because it is the only way that Kenyans can have a say in this matter. Without it, we will have far reaching consequences. The current Constitution is very clear. There is nothing that can be done without giving effect and meaning of public participation through submitted memorandums or physical appearance,” said Muturi.
Justice Committee Chair Samuel Chepkonga welcomed any suggestions on how to iron out the emerging differences, including petitions on the removal of the commissioners and the timeline for their replacement.
-Reports by Wilfred Ayaga, Roselyne Obala, Cyrus Ombati and Rawlings Otieno
