Is it right for the Prime Minister to direct civil servants to support proposed laws?

Following a directive by Prime Minister Raila Odinga to Permanent Secretaries to support the Proposed Constitution, which he termed a ‘Government project, writer Vitalis Kimutai spoke to Eldama Ravine MP Moses Lessonet (ODM) and Rachel Shebesh (Nominated) on their views.

YES: Rachel Shebesh (Nominated MP)

QUESTION: Do you agree with Prime Minister Raila Odinga’s stand that the Proposed Constitution is ‘a Government project’?

ANSWER: I do agree with the PM because the constitution making process is part of Agenda 4, which is steered by the Grand Coalition Government. It is part of the reforms that were agreed upon signing of the National Accord.

Eldama Ravine MP Moses Lessonet (ODM)

QUESTION: The PM has in the past opposed the involvement of civil servants in politics. What do you think has changed?

ANSWER: The biggest change Kenya has had is the birth of the Grand Coalition Government, which made a commitment to steer the required reforms for a new country. The civil servants who are in charge of Government machinery are only facilitating the process being implemented by their employer (Government). They have no political role other than facilitation.

QUESTION: Does trying to whip PSs and the Provincial Administration into supporting the document amount to politicising the civil service?

ANSWER: We live in different times and circumstances compared to the past, and one cannot de-link the civil service from Government and politics. Civil servants are there to implement Government decisions and policies and the Proposed Constitution is one such document.

QUESTION: There are those who have argued that after civic education, ongoing campaigns were un-necessary. Comment.

ANSWER: Civic education is important in any referendum, but leaders have a cardinal role to play in separating the wheat from the chaff for the voters. It is critical that leaders go out to back the civic education process and influence the people in voting in a certain pattern at the referendum. As such the campaigns are not only necessary, but are equally important and should continue.

QUESTION: The IIEC has indicated it has all machinery in place to ensure the referendum is not rigged. Do you agree?

ANSWER: Much as I have confidence on IIEC to deliver at the referendum owing to the successful by-elections it has conducted in the past, I still have a lot of misgivings on the electronic tallying system. I am not sure yet if the electronic system cannot be manipulated to suit a certain group or side in an election.

QUESTION: President Kibaki has claimed those opposing the proposed laws are being supported by foreigners while the ‘No’ camp has also claimed some foreign powers are behind the ‘Yes’ drive. Comment.

Those of us on the ‘Yes’ side have been open as to the source of the campaign funds and the foreign donors who have come on board have clearly stated what they are spending on. But the ‘No’ side have not been open and they have used all tricks in the book to hide and protect their donors when we all know they have undisclosed foreign donors.

NO: Eldama Ravine MP Moses Lessonet (ODM)

QUESTION: Do you agree with Prime Minister Raila Odinga’s latest stand that the Proposed Constitution is ‘a Government project’?

ANSWER: The Proposed Constitution is not a Government project, but one belonging to Kenyans. It is supposed to be a mwananchi-driven process, but the PM has hijacked it and in his typical dictatorial style of leadership made a unilateral decision that it is a Government document that must be embraced by all.

QUESTION: The PM has in the past opposed the involvement of civil servants in politics. What do you think has changed?

ANSWER: In his desperation to have the document passed at the referendum and after realising that the ‘No’ side has made so much progress in pushing for rejection of the Proposed Constitution, the PM is forcing everyone in Government to support it. He is using threats, coercion and all unorthodox means, which is unacceptable.

QUESTION: Does trying to whip PSs and the Provincial Administration into supporting the document amount to politicising the civil service?

ANSWER: Absolutely, and it is wrong to involve civil servants in politics. It is not good for the country as they are supposed to be non-partisan and professional. The current Government is involving civil servants in politics yet eight years ago hundreds of them were sacked for allegedly being sympathetic to the former Kanu regime or having been appointed to their positions by the then government.

QUESTION: There are those who have argued that after civic education, ongoing campaigns were unnecessary. Comment.

ANSWER: The civic education programmes carried out by CoE, NGOs, Cabinet ministers and civil servants were lopsided in favour of the ‘Yes’ side. The campaigns being carried out by the ‘No’ side are necessary as it has been an eye opener to the public ahead of the referendum vote.

QUESTION: The IIEC has indicated it has all machinery in place to ensure the referendum is not rigged. Do you agree?

ANSWER: The IIEC is capable of doing a good job and it has demonstrated so in the by-elections it has conducted. I have confidence that it is a professional and transparent organisation. The civic education programmes should have been left for them to undertake instead of the CoE .

President Kibaki has claimed those opposing the proposed laws are being supported by foreigners while the ‘No’ camp has equally claimed in the past some foreign powers are behind the ‘Yes’ drive. Comment.

The claims that the ‘No’ side is funded by foreigners amount to pure propaganda, as the reverse is true. Whenever we go out to campaign, we individually meet our travel, accommodation and meal costs and the recent fundraiser in Nairobi was used to print Red Cards only. But the ‘Yes’ team is using donor funds and Government money in their campaigns.