Kibaki allies urge him to break silence on crisis

By Gakuu Mathenge

President Kibaki is under intense pressure to break his silence and show direction following the precedent-setting quashing of a presidential appointment by Speaker of National Assembly.

Speaker Kenneth Marende, on Tuesday, quashed Kibaki’s appointment of Vice-President Kalonzo Musyoka as Leader of Government Business in Parliament, a move that has split legal and political opinion about its legality and constitutionality.

Much as Kibaki desperately tries to pepper over his frosty relationship with Prime Minister Raila Odinga, his supporters now feel he should put his foot down over what they perceive as bullying and provocation by his coalition partner.

Marende’s overturning of Kibaki’s appointment comes at a time of frosty relations between the President and PM and the President’s corner is depleted of political sharpshooters.

A Cabinet meeting scheduled for last Thursday was called off abruptly after, sources say, the PM made himself unavailable.

Sources say this was a payback for similar cancellation of a scheduled Cabinet meeting by Kibaki the previous week, reportedly without consulting the PM.

Rather than attend a Cabinet meeting, the PM went to Kericho to preside over opening of a private college, during which he repeated the claim Kibaki did not accord him the requisite respect.

"Respect is a two-way process, you show respect and in return you are respected," the PM said.

On April 5, Raila described Kibaki’s leadership style as jua kali (unrefined and pedestrian).

"You have let down the people of this great country," the PM said of the President, before warning PNU to embrace reforms or ODM would "take a decisive action."

The sense of urgency in the PNU to have the President give reassurance he is firmly in charge went a notch higher after the resignation of some of his most ardent defenders, Gichugu MP Martha Karua and Garsen MP Danson Mungatana.

In his characteristic style, President has maintained a silence over the crisis in Cabinet and Parliament.

But by overturning two letters, one appointing Kalonzo as Leader of Government Business and another affirming the decision was final, the Speaker has set a precedent.

As one commentator put it, he took the war to State House’s doorsteps, and the country was waiting to see how Kibaki reacts.

It is the first time a Head of State’s appointment of a Leader of Government Business has been challenged in Kenya’s history.

And Kibaki and his advisors will be hard put to treat it or dismiss it as a non-issue or undeserving his personal attention.

"The President exercised his constitutional powers and therefore considers the matter closed," reads the second letter to Marende. The affirmation in the second letter was in reference to Marende’s undertaking to Parliament the previous week that he would consult the President and the Prime Minister over the dispute. Now PNU supporters are demanding the President breaks his silence.

president’s voice

"The country needs to hear the President’s voice on the matter, he needs to show the way forward. The matter is serious; people wonder what his position on the matter is, whether he is in charge. He should not send the VP or Spokesman Alfred Mutua. The country needs to hear from his own mouth what his take is on the face of his decision being publicly reversed on the demand of the Prime Minister," said Limuru MP Peter Mwathi.

The dispute arose following a written communication from the PM’s Office nominating the PM as the Leader of Government Business. In the face of the two appointments from the President and the PM, Kisumu Town West MP Olago Aluoch raised a point of order in Parliament asking the Speaker to determine who should appoint the Leader of Government Business.

While the ODM argued the PM was the natural choice for the position, being the leader of the majority party in Parliament as enshrined in the National Accord, PNU insisted the appointment was the preserve of the President.

Assistant Minister Mwangi Kiunjuri termed Marende ruling as amounting to a civilian coup by the ODM.

He warned if Kibaki allowed it to pass, he should expect the PM to appoint parallel senior public servants if the President dared to make appointments without consulting him.

"If this passes, the next thing we should expect is a parallel appointments by ODM of the Attorney General, the Police Commissioner, ambassadors and military officers," Kiunjuri said.
He added: "If Parliament is not willing to respect the Constitution, the President should prorogue it. Then he can dissolve it after it passes a budget to finance elections. Marende’s ruling creates the impression that Kenya has two co-presidents, and the PM can over-rule the President."

Assistant Minister Peter Munya said: "I would like to hear the President’s voice on this matter. We do not have two centres of power and Marende has plunged the country into a crisis. A constitutional interpretation is urgently required in the face of this assault of the Executive by the Legislature."

Ndaragua MP Jeremiah Kioni said although he supported the effort by the Speaker to shore up support and respect for the National Accord, the Act did not accord the PM and the President the same weight.