Monday, 16 September 2013

Raila Masterminded the Discovery of New Kenya

By Dennis Onyango

At a meeting between Prime Minister Raila Odinga and Israeli Prime Minister Mr Benjamin Netanyahu in Jerusalem in 2011, Mr Odinga asked Israel to assist in the irrigation of the Todonyang and other parts of Turkana where famine was a permanent feature, punctuated with conflicts over diminishing water and pastures.

The Israeli PM reached for the map of Kenya and followed the northern part with his fingers, carefully scanning the region from the border with Uganda, towards Somalia. His fingers stopped on Lake Turkana, then asked; “where is the problem? I can see there is a permanent lake here, surrounded by a vast dry area. Why is the lake not being used to irrigate the land?”

For about 50 years after independence, the Turkana lived desperately while the lake stood by, not a drop of its water being used to irrigate the sunbaked land around it. The straight answer should have been that previous regimes had refused to put money into it. But diplomacy dictates that you cannot talk ill of your country in a foreign land.

Mr Odinga needed Israel’s technical expertise to irrigate the land. Mr Netanyahu immediately obliged, asking his people to get in touch with Kenya and begin working on the project.

The result is the 10,000 hectares, Sh20 billion Todonyang Irrigation Scheme which Mr Odinga unveiled in August 2012.

Away from Mr Netanyahu’s boardroom, Mr Odinga later explained that there were people in government who were still not convinced that northern Kenya is worth developing.

He explained that government was full of either the authors of the Sessional Paper Number 10 of 1965 that Kenya had followed since independence, or their disciples. This is the policy paper that advocated for investment of precious government resources only in “high potential areas” to guarantee high returns on investment.

Israel’s intervention therefore would not only boost Kenya’s limited capacity but also shame the doubting Thomases.


Today, Mr Odinga must feel vindicated. While he is largely associated with the push for the new constitution, Raila biggest contribution to Kenya may be the discovery of “the other Kenya.”

This revolution is overshadowed by the new Constitution that has institutionalised the idea that no part of the country should ever be starved of resources on account of its geography, political choices and distance from Nairobi.

The discovery of oil in Turkana, coal in Kitui and rare earth minerals in Kwale while other regions look for hidden treasures is in reality a discovery of the Kenya that the rest of the nation chose to forget for close to 50 years.


This is the Kenya of oil, natural gas, underground water, iron ore, coal and irrigated agriculture.

The coming of the new Kenya, like the new constitution, equally came at a price. For half a century, Kenya was run on an assumption that the potential of a nation is measured by how fertile the land is and how much maize, tea, coffee and grade cattle it can produce. 


The founders and defenders of the old Kenya assumed that regions that cannot grow these crops and stuck to the traditional livestock, had no potential and was not worth public money.

As these once forgotten regions emerge, the leaders are today being forced to catch up with citizens.
Suddenly, everyone wants to be seen to be sympathetic to the wild north. At the Coast where for close to 50 years, the high and mighty went for holidays but refused to notice the myriad problems that kept the people down, everyone is talking about title deeds and grabbed land.

Given that Kenya’s leadership has barely changed hands in both ideology and personalities, the push to have the government rethink policies towards the former Northern Frontier District and the Coast has meant telling the authors of the economic blue print that Kenya relied on from independence that they were wrong.

At the centre of this quest has been Mr Odinga’s near solo onslaught on the Sessional Paper Number 10 of 1965.


Raila’s position has been that the development plan was inappropriate as its proposals resulted in skewed development of the country. In the ill-fated, propaganda laden 2007 campaigns, Raila vigorously attacked the blue-print, blaming it for the marginalisation of northern Kenya while other regions wallowed in government sponsored development.

The status quo of the PNU jumped in with claims that Raila was a Communist, anti-capital, anti-property, a man who would take from “the hard working” rich to reward the “lazy poor” who were his supporters.

At the Coast, Raila’s push involved embracing voices and causes including “the untouchable”. Years earlier, Raila had embraced the then fiery Islamic Party of Kenya and its preacher Sheikh Khalid Balala. IPK was considered “dangerous” and only an equally “dangerous” Raila Odinga could embrace it.

In the north, the creation of a Ministry of Northern Kenya for the first time since independence put focus on the region’s unique challenges.

Government explained the investment LAPSSET as an addition to what Kenya has, but Raila pitched it as a beginning for northern Kenya. Raila’s position was that LAPSSET would do for northern Kenya what the Kenya-Uganda Railway did for the south.

As the new Kenya emerges, the battle has shifted. The question today is no longer whether these regions are worth investing in. It is whether they will be allowed to take charge of their destinies through strong devolved units or they continue to be micro-managed from Nairobi.

Mr Dennis Onyango is an aide of the former Prime Minister, Raila Odinga. This article was first published on Sunday Nation.

Thursday, 5 September 2013

CORD Statement on the International Criminal Court

The International Criminal Court is based on the principle of complimentarity which makes the court’s jurisdiction subordinate to national courts except in very limited and well established circumstances and situations.

The Court’s objective is partly to put an end to impunity so that the perpetrators of serious crimes within the jurisdiction of the court, including crimes against humanity, are punished.

The Constitution of Kenya aspires to put Kenya in the frontline of states that respect, defend and protect human rights with a view of developing a culture of human rights Articles 2 (5) and (6) and 59 of the Constitution together with the Bill of Rights underpin the centrality of Human Rights and International Law in Kenya's Legal System.

Kenya’s membership to the Assembly of State Parties of the International Criminal Court is a demonstration of the people’s sovereign will, in action, to be part and parcel of the family of nations which since the creation of the United Nations have reaffirmed their faith in fundamental human rights and in the dignity and worth of the human person. Lip service to the values and principles of the United Nations as contained in the Charter and the various declarations and covenants of the global body continues to be the bane of peace, security and well being of the world. The relationship between the International Criminal Court and the United Nations underscores its instrumentality in meeting the objectives of the international community in attaining peace and security.

For Kenya to remain faithful to the Constitution as enacted and proclaimed on 27th August 2010 we must not contemplate withdrawing from the Rome Statute. Kenya cannot exist outside the realm of international law in all situations. That thinking has not helped former and current leaders of Libya, Cote d’Ivoire and Sudan to run away from or be shielded from international justice.

Even before the enactment of the Constitution, Kenya had enacted the International Crimes Act of 2008. However it did not come into operation immediately. The Act domesticated the Rome Statute and established clear mechanisms for cooperation between Kenya and the International Criminal Court. The Rome Statute is now part of Kenya’s municipal law.

Withdrawal from the International Criminal Court will be inconsistent with and defeat the purposes and objectives of the Constitution of Kenya and will not bring honor to the nation and dignity to our leaders. The reputation of being the first country to pull out of the International Criminal Court is not a good one for Kenya. Merely a forthright ago the United Nations General Assembly reaffirmed its full support for the International Criminal Court and Kenya should not take lightly the resolutions and Commitment of the World body.

TheJubilee Coalitions motion to intimate Kenya's withdrawal from the Rome Statue is capricious and ill considered. It cannot objectively and concretely as it regards the current Kenyan cases at The Hague. Neither will the international Criminal Court suddenly disappear from the International Criminal Justice System or the world order.

We in CORD have never wanted to have our citizens tried outside our courts in a foreign land for crimes committed in our territory. We fought very hard for the creation of a court within our judicial and criminal justice system with the competence of dealing with international crimes. Collective amnesia has however been generated through falsehoods and propaganda to hoodwink the nation that the current cases in the Hague were triggered and propelled by way of a political stratagem and purpose calculated to advance the partisan course of a specific group. If that were so such abuse of a judicial process and oppressive conduct could never be entertained by any court including the International Criminal Court and that alone would be enough to vitiate any proceedings.

Prime Minister Raila Odinga with President Mwai Kibaki tried in vain to have a local judicial mechanism established by legislation but members of the 10th Parliament, most of them in the Jubilee camp frustrated the efforts. A delegation of senior ministers in the Grand Coalition Government was sent to Geneva and the Hague to seek more time to engage members of parliament and stakeholders with a view of avoiding the proceedings before the International Criminal Court. The Court and H.E. Kofi Annan granted the request but again the refrain ‘DON’T BE VAGUE SAY HAGUE’ had taken root. Vice President Kalonzo Musyoka undertook an extensive shuttle diplomacy to stop or suspend the trial of Kenyans at the International Criminal Court again without success. Raila Odinga engaged both the United States and the United Kingdom governments on a similar mission but the efforts did not bear any fruit and the United Kingdom gave its reasons in declining the request in writing. Hon Moses Wetangula was also engaged in the initiatives as the Minister for Foreign Affairs and a member of the cabinet committee that was dealing with International Criminal Court matters at the time. The record of the CORD leadership has therefore been very clear, consistent and unequivocal both on the question of the creation of a competent national tribunal and the referral of the current cases in the Hague back to Kenya.

Finally CORD wishes the President, the Deputy President and Mr. Joshua Arap Sang well and truly believe that they will be absolved through the judicial process of the International Criminal Court and that the cause of justice will be met. During the general elections CORD accepted the candidature of the President and the Deputy President without any hesitation in the spirit of democracy and justice. The narrative of our politics must qualitatively change in order to create an enabling environment for reform and progress. Kenya is not on trial and the people of Kenya are not at the stakes. CORD believes that international justice will render good judgment to our sons and the nation will emerge stronger and more united.

NAIROBI THURSDAY 5TH SEPTEMBER 2013

Monday, 2 September 2013

Rt Hon Raila Odinga Visits Baringo Flood Victims, Mourns Journalists Sir David Frost

Former Prime Minister Raila Odinga will this morning head to Baringo County where floods have forced people to flee their homes in what is believed to be increased water levels at Lake Baringo. The Prime Minister will be accompanied by other CORD leaders as well as local leaders from Baringo County.

Odinga, who has been in North Rift since yesterday at the invitation of Cherengany Mp Wesley Korir and Radio Journalist Joshua Arap is expected to continue with his tour of the Rift Valley.

The CORD leader has stepped up his criticism of the Jubilee government and President Kenyatta who recently issued over 60,00 title deeds at the Coast in stark contravention of the law. All land matters were to be dealt with by the National Land Commission, the only statutory body mandated to adjudicate land matters, bearing in mind the historical injustices associated with land ownership.

Elsewhere the PM paid glowing tribute journalist Sir David Frost who passed away yesterday saying the news left him ‘drained and overwhelmed’. This is very easy to understand because in Odinga’s illustrious political career which outstretches continental Africa and overflows into the Pacific, he has inculcated a global image unrivalled by any of his contemporaries in Africa, thus Sir Frost, a leading world journalist with a soft spot for Africa became a natural friend.

“ In my career in public life, and in my five years as Prime Minister of the the Republic of Kenya, I never met a journalist with such an incisive mind, more understanding and more empathetic to the tribulations of the Third World as did Sir David,” said Odinga who received the news of Journalist Frost’s sudden death while on a tour of the Rift Valley.

Friday, 30 August 2013

Rt Hon Raila Odinga's Statement on Road Safetyand the State of Security in the Nation

THE RT HON RAILA ODINGA'S STATEMENT ON ROAD SAFETY AND THE STATE OF SECURITY IN THE NATION 

 I find the killing of innocent people has gone on for much of this year in Moyale and other parts of Northern Kenya disturbing and unacceptable. 

Too many meetings have been held with the national leadership and top brass of our security organs. Too many warnings have been issued by the National Government. Too many visits have been made to the affected areas. There has been too much talk of contingents of security formations being dispatched to Northern Kenya. 

Yet, in the end, nothing changes. 

From Garissa to Wajir to Marsabit and Mandera, insecurity, characterized by killing of innocent villagers, is becoming the norm. Today, Moyale has become the centre of these crimes. The number of victims is rising daily, while the National Government procrastinates, issues threats, makes promises and looks somebody to blame. 

This pattern must end once and for all. 

The National Government must restore sanity in Northern Kenya immediately to allow the people to settle down to the business of managing their lives and their future. 

The National Government must also, immediately, come up with concrete steps to end the carnage on our roads. 

The tears have barely dried and the grief has not ended among the families that lost members in the recent accident in Kisii involving school children and teachers. Then yesterday, we lost tens of lives on the road again. 

The reaction is the same; warnings and threats of stern action after the damage is done. I ask the government to extend a helping hand to all the families caught in the latest road tragedy. They need help with the bills and related expenses. 

This help must be coupled with concrete actions to restore sanity on the roads and in the wider security infrastructure of Kenya. 

 RAILA A. ODINGA.
30 August 2013

Friday, 23 August 2013

ODM Statement on Nullification Governor Cornel Rasanga's Election

Following today's High Court ruling in Kisumu that nullified the election of Gov. Carnel Amoth Rasanga, the Orange Democratic Movement (ODM) wishes to sympathise with Mr. Rasanga, a Life Member of the party for the invalidation of his election.

The ODM respects Hon. Justice Aggrey Muchelule's wisdom in nullifying Gov. Rasanga's election on March 4th 2013 and subsequent calling for a by-election to fill the vacant seat.
 

The ODM wishes to urge her members and supporters in Siaya County to remain steadfast now and during the by-election when it is called. 

The struggle for stronger Counties through adequate funding is paramount hence the need for concerted and unwavering unity of the party membership and supporters at all times.
Hon. Prof. P. Anyang Nyong'o. 
Secretary General - 
Orange Democratic Movement 
23/08/13

Tuesday, 20 August 2013

Resolutions of the Orange Democratic Movement National Executive Committee Meeting of 20th August 2013


RESOLUTIONS OF THE ODM NEC.

20/08/13





The National Executive Committee (NEC) of the Orange Democratic Movement (ODM), meeting here at Orange House on this 20th day of August 2013, aware of the key role the ODM has played in the process of constitutional reforms and the introduction of the devolved system of government.

Noting that so far resources budgeted for the County governments fall far short of the needs of counties to implement their projects and programs for development to meet the needs of the people;

Realizing the frustration of the devolution process by the Jubilee government reinventing the provincial administration under new names and titles;


This NEC resolves as follows;

1. To support a national referendum to establish the percentage of the national budget allocated to counties at no less than 40% and to strengthen the role of the Senate to be an effective House representing the counties.

2. To condemn the tribalization of the public service by the Jubilee government through the summary dismissal of Chief Executives of parastatals and replacing them by individuals whose only qualification is their ethnic background and loyalty to Jubilee leadership. ODM calls for INCLUSIVENESS in public appointments while observing proper procedures as laid down in the constitution and the law.

Monday, 19 August 2013

Devolution in Kenya: Prospects, Challenges and the Future ~ Speech by Rt. Hon Raila Odinga at LSK Annual General Meeting



DEVOLUTION IN KENYA: PROSPECTS, CHALLENGES AND THE FUTURE

SPEECH BY
Rt. Honourable Raila Odinga, Former Prime Minister of the Republic Of Kenya during The Law Society of Kenya Annual General Meeting, Leisure Lodge, Mombasa, August 16th, 2013

The Chairman of the Law Society of Kenya,
Members of the Council of the Society,
Attorney General
Senior Counsel present,
Invited Guests
Ladies and Gentlemen,

I consider myself well-travelled across the width and breadth of our country.  I have travelled across Kenya as a political activist, a Member of Parliament, a Cabinet Minister for Energy, for Roads, a Prime Minister, and now, an opposition leader. From that experience, I got convinced beyond doubt that Kenyans want Devolution of power and resources.

The story of devolution in Kenya is of a people’s struggle for justice and the expectation for equality, equity, and inclusion. It is a fight against domination, subjugation, and exclusion.

Against slavery, Abraham Lincoln told the American people…..”A house divided against itself cannot stand. I believe this government cannot endure; permanently half slave and half free.” I can say with certainty that Kenya too cannot endure permanently half poor and half rich.

As was the war on slavery, devolution is an effort to address the wrong principle that says….you will work and toil and earn the bread, but I am the one who will eat that bread…Every part of Kenya must get a fair reward from its taxes. There is no better way to achieve this than through devolution.

LADIES AND GENTLEMEN;
Devolution unfortunately has powerful enemies in high places. Devolution is running into a brick wall of a political class that has benefited from an over centralized system of government.
It is being undermined by a status quo that has captured the instruments of the state and has used them to secure privileges for themselves and their children, to the exclusion of everyone else.
The good news is that the rank and file of our people is determined to make Devolution succeed.

In the few months that the Counties have taken off, our people have been engrossed in learning the art of government. They are getting used to making own decisions.
They are moving away from the culture of blaming others for their problems. They have tried to take their future in their own hands.
A few weeks ago, voters in Makueni County rejected the backward talk that they needed a Jubilee senator so they can be close to the National Government. They proudly elected Senator Mutula Kilonzo Junior knowing well he was going to join the opposition. The people of Kenya no longer feel that they have to be close to central government to progress. Waiting for help from Nairobi has begun to look like a deep prehistoric practice that no one wants to remember. 

LADIES AND GENTLEMEN;
This is the kind of freedom that devolution brings. It is the freedom that the controllers of the centralized system are hell bent on killing.  This is the fight our governors and senators have embarked on. They are pushing for a country where the National Government exists only to facilitate the people and protect them from outside aggression.

The over-centralized system of the last 50 years bequeathed us little in terms of progress and plenty in corruption. Corruption helped those in power to hold hungry citizens at ransom and lead them down the garden path.
By centralizing the tendering for roads, the purchase of drugs, the construction of houses, the provision of amenities like electricity, those who control the central government were able to strike corrupt deals that kept them financially powerful and able to control the rest of Kenyans.

KANU went many desperate steps further. It instituted a modern day slavery, which saw the State use even relief food as a tool to control how people voted and how they related with the State.

LADIES AND GENTLEMEN;
It’s said… “History Is So Beautiful It Makes You Cry.” So let me tell you abit of where it all began and why we should be wary at the pattern of events.
At independence, our founding fathers settled on a devolved system after it became clear that the political system of the country was already leaning towards a centralized dictatorship.
This dictatorship was in the hands of those who had accessed colonial education and economy. The losers were those who had missed out on colonial education.  Ironically, those were the ones who had fought the British to a standstill and forced them to negotiate.

Unfortunately, there wasn’t sufficient understanding of the benefits of majimbo even among those who stood to benefit from it.
The masters of the status quo moved in and misrepresented the system as divisive, anti-unitary and anti-national.  They intentionally bad mouthed majimbo, derided it at every opportunity and sabotaged it at every corner. Eventually, the beneficiaries of the devolved system themselves participated in its dismantling. The end result was an exclusive political and economic dictatorship that took fifty years to dismantle. Unfortunately, the noises have begun again.

LADIES AND GENTLEMEN;
The history of devolution is a constant and sad reminder of the dangers that face this nation. It teaches us that the forces of political autocracy and economic exclusion will, if allowed, frustrate any system of government tailored to create equality among the peoples and regions of Kenya.

It reminds us that there are those who took over Kenya from the colonial administration and are intent to own it and exploit it exclusively for their benefit and that of their cronies and families.
Their key tool is denying the outer regions control over resources and decisions so that everyone has to beg the central government even for basics like food and medicines.
Today, the beneficiaries of status quo are ganging up again, citing the same excuses invented about fifty years ago to kill devolution. They say some regions are not ready. They say some governors have given themselves presidential looks.

They paint governors as extravagant. They want governors who are in reality heads of their own governments, to seek clearance from central government before travelling abroad. They say the Senate has no role, is inferior to the National Assembly and should in fact, be abolished.

Rather than empower the people to help themselves, they want to retain critical services like rural electrification and roads at the centre so they can dish them out at will as a show of benevolence.
You know, what happened once can happen twice. So we say; buyer, beware.

Fortunately, the Constitution of 2010 is a product of wide consultations with Kenyans and intense public education. No wonder the forces of status quo are having a rough time with the people.
I would like to take this opportunity to congratulate the Governors for fighting for the decentralization of the construction of roads. I beseech them to fight for the decentralization of other critical areas like electricity, purchase of drugs and pharmaceuticals.

This will eliminate the corruption perpetrated at the centre and which is used to oil the political machine that tramples on the people. More importantly, it will put the governors in charge of economic development in their regions.
To attract investment and ensure economic growth, you need a good network of roads, a steady supply of reliable, efficient and affordable electricity, and a healthy and educated workforce. No governor is going to guarantee these if they are ran by a separate authority.

LADIES AND GENTLEMEN;
I agree that our Constitution does not explicitly spell out how responsibility should be shared between Counties and the National government.  But none of the challenges are insurmountable if we managed the process with good faith and if we embarked on honest dialogue between with all cards above the table.

The forces of status quo are however using every challenge as a reason to delay devolution by one more day, one more month, one more year and forever. The intention of the centrists is to help devolution die a slow, painful death while all the time pretending to be trying to resuscitate it.

I believe strongly that the spirit of enterprise that has propelled Nairobi must spread outside.  It must take off in Kwale, Malindi, Kakamega, Moyale, Homa Bay, Nyamira, Wajir, Marsabit and all parts of Kenya.
Examples abound everywhere. New York remains immensely big as a city and a state in the US. Los Angeles is big, so is Chicago.
But none of these regions has ever entertained the idea that they are in any way more important than or can do without Washington, DC or the USA. All they do is power the US economy.
In Germany, you get another example of an economy driven from multiple centres. Munich is an economic powerhouse. Frankfurt is a financial centre. The Ruhr brings together a cluster of industrial cities; Berlin is the capital and artistic hub. Together, they power a bigger and powerful Germany that has withstood recession to which the rest of Europe succumbed.

LADIES AND GENTLEMEN:
Kenya too must create an economy that fires on all cylinders and runs on multiple engines by supporting many more sites and sources of economic growth.
Empowering our counties so they innovate, attract outside investment; raise their own money and spend it in the ways they need is the way out.

We must rise above the fear mongering and remind the forces of status quo that the purpose of devolution is not to dismember the nation but to allow different solutions to different problems in different circumstances.
This is why I want to appeal to the legal fraternity to support the push by the governors to amend article 203 (2) of the Constitution to raise the minimum revenue threshold due to county governments from 15 to between 40 and 45 per cent.

I equally appeal to you to support our senators in their push to amend Chapter Eight on Legislature and Chapter 12 on Public Finances to give them a greater say in legislations and sharing of revenue.
At a time the National Government can barely support itself, we cannot continue hoping that it will somehow help the rest of the country. Our future is in stronger, successful devolved units.

Thank You.