Kenya’s Grand Coalition Government has failed to implement the National Accord Agreement and its reform package. Kofi Annan must not be fooled by the Government Spokesman, Dr. Alfred Mutua; Kenyans rate the reform performance as (F):- GRAND FAILURE!
Full page Kenyan tax paid adverts placed by the Government spokesman Dr. Alfred Mutua entitled “THE TRUTH ABOUT AGENDA 4 REFORMS. WHAT YOU NEED TO KNOW TODAY!” appear in the National Dailies today Sunday October 4th 2009.
Kenya’s Government spokesman Alfred Mutua should stop using Kenyan tax money to hoodwink the public on the National Accord Reforms. Indeed, Dr Mutua should be made aware that it is an offence to use public money to mislead the public. Were we in charge, we would order that Dr. Mutua be surcharged for the cost of the adverts. Parliament should go further and strip the Government spokesman of his advertising budget until he pays back the tax payer for this waste of public funds.
In the advert, Dr. Mutua tells Kenyans that the truth about the reforms will shock us and that we are being lied to by the agents of doom. Dr. Mutua goes ahead to rate the Government performance as 90% and gives it an (A) grade. We might be agents of doom according to Dr. Mutua, but there is no way on earth that Kenyans will allow the Grand Coalition Government to keep up what can only be described as “rubbish”
Dr. Mutua should be aware by now, that the National Accord is a matter of life and death for millions of Kenyans and that the grand failure by the Grand Coalition Government to deliver the National Accord is a reality. On February 21, 2009, the Partnership for Change wrote to H.E Kofi Annan explaining that the Grand Coalition Government had failed to keep its part of the National Accord Agreement and that we wanted to vote again. This call was supported by the National Council of Churches of Kenya (NCCK) but ignored by H.E Kofi Annan who is in Kenya this week to assess the performance of the Grand Coalition Government on the Implementation of the National Accord. Unless he is blind to the obvious, Kofi Annan will find the position is exactly as it was in February. Grand failure by the Grand Coalition Government.
People of conscience can’t afford to remain silent on the flagrant abuse of power by so many of the members of the Grand Coalition Government. We must exercise our democratic options to protest abuse of trust by the Government of Mwai Kibaki and Raila Odinga. We must not fear to say the truth that Mwai Kibaki and Raila Odinga do not possess the credentials to deliver on corruption and the National Accord.
The Truth that Alfred Mutua will never mention
We remind the Principals of why they are where they are: “Mwai Kibaki and Raila Odinga our country went through a near death experience because of a botched election in which you were the main actors.” On 28th February 2008, Mr. Mwai Kibaki of the PNU and Mr. Raila Odinga of the ODM signed an agreement known as the National Accord. This agreement was signed because after the botched election of December 2007 and post election violence that followed, Kenya was on the brink of a precipice. No one in Kenya knows who won the Election of December 2007 and therefore Mr. Kibaki and Mr. Odinga cannot claim a legitimate mandate based on votes to rule Kenya. Kenyans gave their consent, for establishment, by constitutional amendment, of a Grand Coalition Government with the sole mandate of implementation of the National Accord. The hybrid form of Government (the so called Grand Coalition) was accepted because we feared for our lives, and we repeat here what we have said for the last 20 months: – that we have not taken leave of our senses and neither have we abandoned our rights. Among these rights is the FULL implementation of the National Accord. The reforms will be implemented, whether by the Grand Coalition Government or not. Kenya will have the reforms of the National Accord because Kenyans are determined to reform our country.
The National Accord was intended to facilitate an effective government to develop the country and conduct essential statutory and administrative reform of key institutions, even while reconciling Kenyans, tackling mass poverty and unemployment, addressing historical grievances, ending impunity and punishing crimes committed during the two month period of post-election-violence that caused the murder of 1,133 Kenyans and the displacement of over half a million citizens .The National Accord was meant to heal and reform Kenya to prevent the eruption of violence from happening again in Kenya.
Since that date 20 months ago, the Grand Coalition Government has dragged its feet on the implementation of the National Accord and has failed to provide money in the National budget for its implementation. The cabinet has failed to establish the tribunal to try the perpetrators. The Executive and Parliament have failed to provide money to ensure that the Special Tribunal is established and the National Accord is implemented. The Partnership for Change considers the Grand Coalition Government to be ruling ultra vires the constitution of which the National Accord is an integral part. The Grand Coalition Government cannot and is not capable of providing the enabling environment for the reform Agenda. Reforms require capable reformists; Mwai Kibaki and Raila Odinga have no reform credentials and have demonstrated none during the 20 months that the National Accord has been in place
Violation of the Human Rights of Citizens – Agenda 1 of the National Accord
On 30 July 2009 The President Mwai Kibaki and Prime Minister Raila Odinga held a press briefing after a 4 hour Cabinet Meeting and released a Statement to Kenyans stating that Cabinet had discussed exhaustively the various options available to deal with crimes committed during post-election violence.
The Grand Coalition Government’s Statement failed to meet the minimum standard set by the Waki Commission of Enquiry on the Post Election Violence with respect to establishing an independent, impartial and effective judicial method to conduct trials of the organizers, perpetrators and financiers of the post election violence. In fact the Cabinet Statement revealed the desire by the Grand Coalition Government to retract its adoption of the Waki Report surreptitiously; to grant the guilty impunity and to deny victims their inalienable rights to truth and justice. As of the date it was submitted to President Kibaki by Justice Waki, Kenya was a state in which impunity was guaranteed for certain connected individuals and Partnership for Change does not believe that anything has really changed since. “Impunity is the impossibility, de jure or de facto, of bringing the perpetrators of violations to account”
The Government’s own Kenya National Commission on Human Rights investigation of the post election period found that the infrastructure of violence was financed and sustained mainly by local politicians and business people to support costs such as transport of attackers, weapons and other logistics. Some of these individuals remain in the Grand Coalition Government today. Some sit in Cabinet.
Mwai Kibaki, Raila Odinga appear to have no interest other than shielding alleged perpetrators named by the Kenya National Commission on Human Rights and “stopping accountability against persons bearing greatest responsibility for crimes, particularly crimes against humanity, relating to the 2007 General Elections in Kenya.” Does Dr Mutua still score 90% (A) on the special tribunal? Dr Mutua claims the Special Tribunal is not part of the National Accord Reforms.
The Jamhuri Day Fiasco
On December 12, 2008, the government of Kenya marked the 45th anniversary of the Independence of Kenya with a deliberate and calculated attack on the fundamental rights and freedom of the Kenyan people. Thousands of Kenyans across the country were arrested and brutalised by the Kenya Police for wearing black t-shirts. Many were detained in holding cells in stadiums, in police trucks and at police stations across the country. By the end of the day all were released save for several members of the Partnership for Change who were held for three days in violation of their fundamental rights.
Today, Kenyans are still unable to demonstrate to protest against the Government. What do we then make of Agenda 1 of the National Accord? Does Dr. Mutua still give the Grand Coalition Government a 90% (A) grade?
Agenda 1 was to restore civil and political liberties to the people, to disarm militia, to stop intra citizen violence, and to end official repression – what Kenyans are saying to the Grand Coalition Government is that this has not happened.
Kenyans will need to see concrete action taken to ensure that militia and gang activity is curtailed and law and order re established. In the Mathira massacre we also saw that the police was condoning the establishment of vigilante armed groups which it appears have also turned rogue. It is incidents such as these where law enforcers turn a blind eye to criminal activity which give the country the image of an insecure country and which affects our economy. Indeed all we see these days is that the police have become the criminals- kidnapping citizens for ransom, executing heists worth millions and even defiling young children, seemingly with impunity.
But having said all that this the grand coalition government has not addressed the issues raised by the UN special rapporteur on extra judicial killings Dr. Philip Alston, and has not embarked on any serious investigation of the murders of two prominent human rights defenders Oscar Kingara and GPO Oulu, or indeed hundreds of other suspicious deaths and disappearances related to police activity some of which occurred after the establishment of the Grand Coalition Government.
There can be no hope of economic recovery if Kenya allows the fixing of the opinion expressed by Prof. Alston that the police are a law unto themselves killing with abandon. The grand coalition government has failed to satisfy Kenyans that it has a plan to end official impunity and to restore the rule of law.
AGENDA 2 of the National Accord – Immediately resettle the IDPs and to provide humanitarian assistance to Kenyans in immediate need
Agenda 2 was to immediately resettle the IDPs and to provide humanitarian assistance to Kenyans in immediate need – out there they are saying IDPs are still in the camps. Even though the president says 90% have been resettled – citizens are asking in what circumstances have they been resettled – on the fringes of national parks? At points have they been resettled where there are no common services, water or sewage?
The two Principals Mwai Kibaki and Raila Odinga rejected the lean and clean cabinet wishes of the Kenyan people and now we have to pay the price of their folly. Almost two years without development, even as the IDPS remain in camps, ten million Kenyans face starvation daily, and the Ministry of Special Programmes admits it doesn’t have the resources to resettle the IDPs.The National Accord Grand Coalition Government has turned from the price for peace to the cause of economic ruin, which is staring us in the face. It has the deserved reputation as being person for person the most corrupt government we have ever had and the main reason why we will neither implement the National Accord Agendas 1, 2 and 4 nor have a hope of achieving the Millennium Development Goals. It has consumed the resources for these noble goals for the personal comfort of its members, and now surely it must go. Kenyans suffer daily as we watch our Government consume what little we have in waste and corruption.
The government needs to explain to Kenyans why it has been unable to plan for substantive resources for its resettlement programme. Is it because as Kenyans suspect the government is corrupt and untrustworthy. And if we are honest this perception is very much grounded in how politicians have conducted business as a grand coalition – maize – triton – Anglo leasing – Ken Ren in the budget – you name it we have seen it. There actually is enough money, if the Government cared to resettle all the IDP’s. The timeline for this exercise was immediately after the signing of the National Accord. It is laughable that Kibaki thinks Kenyans are impressed at his half baked attempt to now resettle the IDP’s giving them coins to start their lives while his finance Minister is on a car buying spree? Does Alfred Mutua still score a 90% (A) for this Agenda?
AGENDA 4 of the National Accord– long term issues
The Grand Coalition Government established after the National Accord is the largest and most expensive cabinet in Kenya’s history. The economic situation required the Government of Kenya to immediately demonstrate austerity measures, including the reduction of the number of ministries to a reasonable number. At Independence there were 13 ministries today there are 43. Kenyans are poor and cannot afford to continue to maintain a bloated Cabinet of 93 Ministers and Assistant Ministers. Many of the 43 Ministries in the Grand Coalition Government have no developmental added value and are mere sinecure positions for The President and Prime Minister to fill.
The National Budgets for the years 2008/2009 and 2009/2010 did not provide resources for Agenda 4 Reforms of the National Accord. There is no money for reforms, there will be no reforms. The Budget 2009/2010 brought to Parliament is unworkable and heavy on wasteful recurrent expenditure for these ministers. Further, the majority of the cabinet is adversely mentioned in Government and Parliamentary reports as being corrupt. Some have even been barred from holding Public office. The two Principals are unable to reshuffle their Government to reduce the number of ministers, and to remove the corrupt ones from the cabinet. Most of those who acquired land illegally are public officials and politicians and documented by the Ndungu report. Those accused of financing and organizing post election Violence are politicians, government officials and businessmen. Those accused of Grand corruption are politicians, government officials and businessmen. Many sit in Cabinet. Those accused of Extra Judicial Killings are appointed by the President and supervised by the Prime Minister.
Agenda 4 reforms can be found in the Implementation Matrix of the Long term issues. Here the Government has demonstrated that the Grand Coalition Government is unable, and incapable of dealing with Agenda 4. The Agenda 4 issues require resources for which the Government has made no provisions for. The truth is that there will be no Agenda 4 reforms as there is no money for it. A government that fails at the very minimum to plan, cannot now be given the responsibility of Implementing. We need as Kenyans to be candid and accept our fate. The Grand Coalition Government has reached its sell by date.
The following agreements and decisions constitute the National Accord:
• 01-Feb-2008 – Agreed Statement on Measures to Address Humanitarian Crisis
• 01-Feb-2008 – Annotated Agenda for the Kenya Dialogue and Reconciliation
• 04-Feb-2008 – Agreed Statement on Security Measures
• 14-Feb-2008 – Agreed Statement on How to Resolve Political Crisis
• 28-Feb-2008 – The National Accord and Reconciliation Act 2008
• 28-Feb-2008 – Agreement on the Principles of Partnership of the Coalition Government
• 04-Mar-2008 – Long-Term Issues and Solutions: Constitutional Review
• 04-Mar-2008 – Commission of Post-election Violence
• 04-Mar-2008 – Truth, Justice and Reconciliation Commission
• 04-Mar-2008 – Independent Review Committee
• 30-Jul-2008 – Statement of Principles on Long-term issues and solutions from 23 May updated with implementation matrix
Mars Group Kenya
For the Partnership for Change