Prime Minister's Statement on Directive to Elected Ministers to Resign

REPUBLIC OF KENYA
OFFICE OF THE PRIME MINISTER


PRESS STATEMENT:
DIRECTIVE TO MINISTERS RESIGN:

The status and tenure of the President, the Prime Minister, the Vice President, Cabinet Ministers and Assistant Ministers are governed by Section 12 of the Sixth Schedule of the Constitution of Kenya and the National Accord Reconciliation Act.

There are no provisions requiring Ministers to resign in the manner stated by the Head of Public Service through the Government Spokesman.

There are self-executing provisions of the Constitution that prohibit members of the Executive as a whole from taking seats in the legislature and as set out in Section 99 (2) of the Constitution.

The Attorney-General was therefore correct in his interpretation of this matter and the clear position is as follows:-

1. The persons occupying the position of President, the Prime Minister, the Vice President, Cabinet Ministers and Assistant Ministers remain in office until the assumption of office by a duly elected President; and Cabinet Secretaries have been appointed. Since the tenure of the President and the current Government has exceeded the term of five years, the President and the Cabinet, which includes the Prime Minister and the Vice President, are in office as a caretaker Government and are only exercising executive power during a temporary incumbency.

2. It should be noted that the incumbent President, as a caretaker, amongst other things cannot nominate or appoint or dismiss Ministers and the State or Public Officers.


3. The Statement of the Head of Public Service can only be relevant in respect of Cabinet Secretaries appointed after the conclusion of the General Elections.

The purported directive on this matter from the Head of Public Service has therefore no constitutional or legal foundation. It is misleading and inaccurate and should be disregarded.

For the avoidance of doubt, the Grand Coalition Government is still intact and in place led by the President and the Prime Minister. The Coalition Government at the level of President, Prime Minister, Vice President and Ministers will stand dissolved when the duly elected President following the first General Elections under the New Constitution, takes the oath of office.


Rt. Hon. Raila A. Odinga, EGH, MP
PRIME MINISTER

Wednesday, March 20, 2013

Anti-CORD Media Conspiracy Revealed

Some of the Prime Minister’s statements on critical issues are being ignored by most of the media. PM had a clear response to President Obama’s message on Kenya (pasted below). The views of Hons Kenyatta, Ruto, Mudavadi, Karua on the US position have been extensively reported, but not what the PM said, even though he, unlike Jubilee, correctly interpreted the Obama message.

Interestingly, both the Nation and Standard websites covered the Raila statement prominently but there was nothing on their TV or radio stations that night or on their newspapers in the morning.

Similarly, there was a very prominent (but completely false) story in the Sunday Nation  indicating that there was a 50-50power sharing agreement between Raila and Kalonzo, but the CORD response calling this a fabrication was tucked away in a “Brief.”

Read the two statements and judge for yourself whether they were worthy of coverage.

Prime Minister Raila Odinga hails President Barack Obama’s statement on upcoming Kenyan elections

I and my colleagues in the CORD Summit took the greatest satisfaction from President Barack Obama’s strong affirmation of continued US support for democracy in Kenya.

Every word the President uttered, and every point he made, spoke to every Kenyans’ heart. All Kenyans want an end to violence and intimidation during this campaign period. We want the coming elections to be free, fair and peaceful so that those who win are seen to reflect the true will of the people. Kenyans want to come together as one nation and vote for leaders of their choice without coercion or blackmail.

Mr. Obama also asked us to “reject a path of violence and division.” If we successfully pursue this path and hold free and fair elections, the President said, Kenyans will continue to have a strong friend and partner in the US.

The President praised us for our extraordinary achievements since 2008, highlighting the most important of them. Every one of those achievements was made possible by the strong international support, led inevitably by the United States, for the reforms Kenyans agreed to undertake in our Kofi Annan-mediated Peace Accord.

These reforms are indispensable to a peaceful and prosperous Kenya. Kenyans know that their full implementation will only be possible under a CORD government.

We in CORD are committed to respecting the will of Kenyans as expressed in a free and fair election. We are also confident that any deviation from this goal will be fully arbitrated by our new Judiciary. We urge our political opponents to commit to respecting the will of Kenyans.

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However, we are noting some worrying steps that are being taken to unfairly influence the outcome of the election. The electoral process can only be free and fair if all institutions with related responsibilities work to ensure this outcome. We have seen recently that a number of radio transmitters of Royal Media were closed down arbitrarily. Officials of other powerful institutions are also trying to limit discussion and debate about crucial issues that lie at the root of widespread discontent among Kenyans in all regions.

6 February 2013

CORD condemns 50-50 power-sharing report as fabrication

The three CORD principals – Prime Minister Raila Odinga, Vice President Kalonzo Musyoka and Trade Minister Moses Wetangula – have condemned as “a complete fabrication” a prominent article in a Sunday newspaper which alleges that CORD Presidential candidates Raila Odinga and Kalonzo Musyoka have agreed on a “50-50 power-sharing agreement.”

“We have a very clear understanding of how our CORD Coalition will share power. There are three CORD principals and each of them has a full role to play in the new Government, with the help of the other constituent Parties of the Coalition,” the principals said today in Mombasa.

“The broad outline of this power-sharing framework has been deposited with the Registrar of Political Parties, as required by the law. In addition there are other agreements which more clearly spell out the full distribution of roles and responsibilities within the CORD Government. “

“The fabrication is the work of our opponents who are using the media to create divisions within CORD and therefore in the nation. It is the figment of the imagination of the mischief-makers, who realize they do not have a strong national following. Indeed they openly proclaim that the votes of their two standard bearers’ communities are sufficient to propel them to win the 4 March election. They are, therefore, resorting to these underhanded attempts to fracture the national and nationwide movement that only CORD represents and which will ensure its victory. Such tactics will not succeed in dividing us.”

“Kenya’s potential has not been fully tapped by the three previous regimes of the last 50 years. Our country is now primed under the new Constitution and a CORD Government will help fulfil the enormous potential of all its people and the abundant natural resources that are dispersed in every part of our great country.”

10 February 2013

Update 1: ODM National Elections Board Invalidates Nomination Certificates for Nyanza and Western Regions

The Orange Democratic Movement, ODM would like to clarify that the party through the National Elections Board has not cancelled nominations in Nyanza. What the commission has done is to cancel all fake certificates issued by Commissioner Ogundo who has since been suspended alongside others. Aspirants are urged to ensure that only hand signed certain are the right ones. Any certificate bearing a scanned signature in FAKE!

INVALIDATION OF NOMINATION CERTIFICATES.

In view of irregularities in issuance and distribution of nomination certificates for our candidates, particularly the county representatives from Nyanza region, I have disallowed Mr. James Ogundo from further handling of nomination certificates from that region on behalf of the National Elections Board.

I have also removed from office some members of staff suspected to have been involved in the irregularities. This will also affect Western Province. I have invalidated therefore, those certificates previously issued and will personally issue fresh ones to replace those.

I want to underscore that all certificates from ODM are free of charge and have authentic and original signatures.

The Board assures the aspirants and the general public of its commitment to ensuring that the right things are done for the right people and that ODM would not condone practices that can be seen as theft or otherwise.

Hon. Franklin Bett, EGH.
NEB Chairman.
23/01/2013.

ODM National Elections Board Warns on Fake Nomination Certificates

The National Elections Board of the ODM is cautioning party aspirants and members of the public against falling prey to 'conmen' whom it says have been duplicating/scanning signatures of the Board Chairman Mr. Franklin Bett, Secretary to the Board Mrs. Judith Pareno and the ODM Executive Director Ms. Janet Ong'era who are the official signatories to the nomination certificates.

The Board Chairman Mr. Bett says the persons involved in he syndicate have been printing and issuing the certificates to people whose names may not be on the list presented to IEBC at a fee.

"I wish to make it clear that the ODM certificate shall only be issued to winners and at no cost at all" said the Chairman.

Mr. Bett urged the aspirants not to be overly anxious as the board was working on mechanisms to produce authentic documents to the aspirants which cannot be duplicated by anyone.

"I urge our beloved aspirants to to be patient. We shall work round the clock to ensure that the winners are issued with their certificates on time before the IEBC deadline of the 29th of January 2013" added Mr. Bett.

He said certificates issued should bear his original signature and those of the two other signatories and that no one should accept a certificate bearing a signature which is scanned or duplicated.

Mr. Bett said he has given the names of the persons suspected to be behind the syndicate to the police for investigations and possible arrests.

He urged party supporters to remain calm and maintain the discipline that ODM is known for as the matter if sorted out.

Mr. Bett also announced that the list of all the aspirants will be made public before day break.

PM Raila Odinga Statement on the Concluded ODM Nominations

"We have come to the end of very complex and fiercely competitive election primaries.

On behalf of the Coalition for Reforms and Democracy, I wish to congratulate all those who sought our ticket, those who won and those who were not successful.

The huge interest in the party’s ticket was clearly a manifestation of the strong desire for change and the belief that CORD is the force for change in the country.

I look forward to working very closely with all the winners to ensure we secure a decisive victory on March 4th.

We also have a role for all those who have not been able to secure victory in the primaries.

My word to all of them is that we need everybody on board. Let all of us join hands now, the winners and those they beat, to campaign for our victory on March 4th.

My congratulations go also to those who secured tickets on other parties; Jubilee, Amani, Narc-Kenya, and all the others. They all have contributed to the democratization of our country and they will have a role in shaping our nation going forward.

To all the people of Kenya, I urge calm and reconciliation now that the primaries are over.

I wish to see an end to all hostilities that may have arisen out of the strong demand for the various tickets.

Elections and nominations must never divide us or make us go to war. They should strengthen our march towards democracy and national unity.

I appeal to our worthy competitors to embrace peace as we enter the final stretch of this campaign.

Let us focus on issues, not personalities. Let us focus on what is good for our country, not what would work for tribes and regions.

Let us mobilise votes on a national and not a tribal agenda.

Let us secure votes through policies and not bribery or intimidation. I appeal to our citizens to reject leaders who want to buy leadership using money and other aspects of bribery.

Kenya’s future must not be compromised with money.

I want to make a special appeal to our citizens to create an enabling environment for our female candidates in this campaign.

Nobody should use violence, blackmail, intimidation or any other crude means against female candidates.

A number of young men and women have also won tickets to run for various positions.

We must equally accord them support and create and sound environment for them to compete fairly and freely.

Finally, I ask all Kenyans to maintain the peace during this campaign and after. Let all of us come out and vote in the historic exercise on March 4th.

Thank you all."

PM Raila Odinga Leaves for World Economic Forum Meeting in Davos, Switzerland

Prime Minister Raila Odinga, Tanzania President Jakaya Kikwete take part in in discussions on “Africa-from Transition to Transformation” held at the Davos Congress centre in the on-going World Economic Forum at the Swiss mountainous resort of Davos.Others from left are President Alpha Conde of Guinea, Prime Minister of Ethiopia Mr Meles Zenawi, President Jacob Zuma of South Africa and the moderator former British Prime Minister Mr Gordon Brown.

NAIROBI, Kenya, Jan 23 – Prime Minister Raila Odinga has left the country to attend the annual World Economic Forum (WEF) in Davos, Switzerland.

The PM is also scheduled to meet business and political leaders during his visit.

Odinga will be back on Friday and plans to travel to the north rift where he will address a public rally in Eldoret town on Saturday.

Odinga will join some 45 world leaders and around 2,500 lobbyists, journalists, captains of industry and economists in the picture-postcard Swiss ski resort for the five-day annual WEF meeting.

The 2012 meeting was dominated by the euro crisis and fears Greece could be forced out of the eurozone, but this year’s gathering is marked by a feeling of cautious optimism the worst may be over.

Opening the meeting, WEF founder and host Klaus Schwab, 74, called on delegates to turn the corner on the eurozone debt woes that have tipped the region into a recession.

“My hope is that you come out of the meeting with a vision which goes beyond just crisis management as we have seen, a vision that is much more dynamic, not just crisis fighting,” Schwab said in his opening speech.

In a major survey released by financial services firm PricewaterhouseCoopers Tuesday on the eve of the meeting’s official opening, chief executives said they were marginally more optimistic on the global economy.

Only 28 percent of CEOs said they expected the world economy to decline further in 2013, against 48 percent last year, while 52 percent expected it to remain stable.

But only 36 percent said they were “very confident” in their companies’ growth prospects in the next 12 months, down from 40 percent last year and 48 percent in 2011.

Among the leaders set to address the forum are German Chancellor Angela Merkel, Russian Prime Minister Dmitry Medvedev, Italian Prime Minister Mario Monti and Britain’s David Cameron.

Other top speakers centre-stage in the eurozone crisis are European Central Bank President Mario Draghi, who will speak on “challenges for the years to come”, and the head of the International Monetary Fund, Christine Lagarde.

However, every year events conspire to hijack the agenda and this year is no different, with the conflict in Mali and the crisis in Syria poised to exercise the minds of the global elite.

Jordan’s King Abdullah II was due to make a special address and the premiers of Egypt, Lebanon, Libya, Tunisia and the Palestinian Territories were scheduled to attend, as well as Israeli President Shimon Peres.

There is also a heavy African presence, with the leaders of South Africa and Nigeria attending a session on “de-risking” the continent on Wednesday.

Beside the leaders, more than 900 top business executives will attend, with this year’s forum co-chaired by the CEOs of Coca-Cola, Embraer, UBS, Dow Chemical and the head of anti-graft watchdog Transparency International.

Organisers have chosen the theme “resilient dynamism”, reflecting the need for an improvement in the structure of the global economy to resist sudden emergencies like the eurozone debt crisis.

Despite the presence of so many world leaders, no formal decisions are taken at Davos, although corporate deals are often sewn up on the sidelines and presidents and prime ministers huddle in small gatherings to thrash out pressing issues.

But it is not all top-level politics and head-spinning economics. Delegates are invited to early morning meditation sessions and there are lighter topics from the world of art, music and culture.

Among the 260 sessions spread over dozens of venues are also presentations on religion, science, media and health, including a dinner exploring possible cures for cancer and a session on “the past and future of the universe” by the head of top particle physics laboratory CERN.

The invitation-only meeting is also known for its informal luncheons and lavish cocktail parties, often hosted by corporate sponsors and with exclusive guest lists, where political and business leaders can rub shoulders and mingle.

Adding some Hollywood sparkle to the meeting before it officially got under way was actress Charlize Theron, who called on world leaders to do more to combat HIV/AIDS.

And pressure group Oxfam appealed for greater income equality, saying that the incomes of the top 100 billionaires last year alone would be enough to end world poverty four times over. (Agence France Presse contributed to this report)

Elections 2013: Oburu and Ruth Odinga Step Down

 By Salim Lone

Addressing the media last night as he stepped out from the Siaya governor’s race, Dr. Oburu Oginga recounted last night how he had won his Bondo Parliamentary seat four times in a row. Seated next to ODM National Election Board chairman Franklin Bett, he said “none of those times was I related to a powerful government figure, nor was there any violence in those elections. Now all these accusations are flying around that Raila the Prime Minister rigged me in, and I used violence. Raila’s opponents within government organised the disruption and violence to undermine his standing, and mine. It seems it was a crime to be born Raila’s older brother now.” He was not challenging the ODM decision.

 

A few earlier, his sister Ruth Adhiambo Odinga had spoken to the media in a very moving statement, delivered in the most heart-felt and simple way, with tears brimming in her eyes. She said she had received no help whatsoever from her brother Raila in the campaign, and was stepping down from the Kisumu Governor’s race for the sake of peace in the country and Kisumu.

Yesterday the Odinga family was once again once showing how willing it is to keep the country’s interests centre-stage in their political struggle for change, a trait that dates to Jaramogi’s campaign to put Jomo Kenyatta first. A big chunk of the credit for Oburu’s and Ruth’s decisions of course goes to Raila, for whom this was an intensely personal and familial challenge. It’s not for the first time he’s made or influenced decisions like this.

In 2002 with Kibaki Tosha, Raila unified the country against dictatorship and energized the democratic movement’s first sweep to power after 40 years of struggle. He similarly unified Kenyans in 2005 (the first constitutional referendum), in 2008 by giving up his claim to the Presidency and accepted the junior role in the Coalition, and then of course in 2010, as the true author of our new constitution.

Such sacrifice and attributes – including the capacity to balance personal ambition and national interest - are the stuff of which great leaders are made.