Namwamba ouster bid start of a bigger war

By  SAMWEL KUMBA skumba@ke.nationmedia.com and JACOB NG’ETICH jngetich@ke.nationmedia.com
Posted  Friday, April 1 2011 at 22:00

In Summary

• PNU was just firing the warning shots in a strategy aimed at taming ODM in House and taking charge of committees

When Parliament’s Justice and Legal Affairs committee deadlocked over an attempt to oust chairman Ababu Namwamba, it was just a skirmish in what could turn out to be a much bigger war between the Coalition partners.

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Committee members aligned to President Kibaki’s PNU had ganged up with the rebel William Ruto axis in Prime Minister Raila Odinga’s ODM to punish Mr Namwamba for his handling of President Kibaki’s contested judicial nominations row.

The PNU majority had endorsed the President’s actions, but Mr Namwamba, the ODM parliamentary spokesman and an Odinga loyalist, attached a dissenting opinion to the team’s report.

After the meeting aimed at ousting Mr Namwamba ended in disarray earlier this week, the PNU members referred the matter to Speaker Kenneth Marende, who is yet to make a ruling.

The Speaker himself is also in the crosshairs of PNU members angry over his ruling that annulled President Kibaki’s nominations.

When PNU nominated MP George Nyamweya tried to raise the Namwamba issue in the House, the Speaker reminded him that he was yet to determine on it.

“The Speaker has refused to comply with the standing orders and yet we cannot force a meeting. No work can be processed by the Justice Committee,” protested the MP.

But ODM Nominated MP Millie Odhiambo said the party had also lost confidence in its “rebel” members in the committee and wants to replace them.

“We would like to fill our two vacancies and retain a majority under Order 176 within seven days. If anything, PNU did bring into the committee new members — Sofia Abdi and Mutava Musyimi — who were not originally members,” said Ms Odhiambo.

ODM wants to recall Dujis MP Aden Duale and Chepalungu MP Isaac Ruto, who are loyal to William Ruto.

Saturday Nation has established that this is but one of the offensives plotted by PNU to try and tame ODM, that has in the past enjoyed a majority in the House and its committees.

The plan is to take control of key House committees and also be in control if Parliament takes the initiative in setting up a local tribunal to try the Ocampo Six and other post-election violence suspects.

Another part of the strategy is to regularly introduce issues in the House that would keep Mr Odinga on the defensive.

On the menu in this regard is the reintroduction of the maize scandal in a bid to implicate Mr Odinga’s family and close aides.

They also want to table what they claim is the original report of the Kenya National Commission on Human Rights (KNCHR) on post-election violence and force the tabling of the full list of suspects drawn up by the Commission of Inquiry into the violence chaired by Justice Philip Waki.

The ODM, however, has warned the PNU against using the National Assembly to vilify leaders and to settle political scores.

“If we engage in dirty politics, that does not meet the standards and values which we committed ourselves to under the new constitution and the energy we used to bring about the new constitution would be of no consequence,” said Lands Minister James Orengo.

He urged his PNU counterparts and ODM rebels to deal with real issues.

“If indeed, anybody has committed a crime or acted contrary to the law, there are steps to take instead of the circus PNU is about to engage in,” said the minister.

Although Mr Ruto was adversely mentioned in the maize scandal report, Ndaragwa MP Jeremiah Kioni is convinced that the suspended minister can successfully defend himself.

“Politics is about numbers and anybody not aspiring to have numbers is not a politician. In PNU, we have the necessary numbers and we would like to make good use of them while they last,” Mr Kioni told Saturday Nation.

He said PNU intended to insists on the tabling of the “Waki Envelope” that was handed over to chief mediator Kofi Annan and then to ICC prosecutor Luis Moreno-Ocampo after Kenya failed to set up a local tribunal.

“After all, Moreno-Ocampo has already opened the envelope from where, I hope, he selected a few suspects. Why not table it so that we know who the rest are?” asked Mr Kioni.

The motion on the maize issue is likely to be tabled by Naivasha MP John Mututho, who chairs the Agriculture, Livestock and Cooperatives committee in Parliament.

Kiharu MP Jamleck Irungu Kamau already has a pending question through which he intends to compel Justice minister Mutula Kilonzo to table an “earlier version” of the KNCHR report.

PNU claims that a number of people mentioned in the alleged version, including the Prime Minister, would then be called to account.

PNU was caught flat-footed when ODM, which supports The Hague process, indicated it would sponsor legislation for a local tribunal.

The PNU fears that a tribunal pushed by ODM would follow the parameters on independence set by Justice Waki. The Waki Report proposes a special tribunal in which the presiding judge will be appointed by the President in consultation with the Prime Minister.

The other two would be foreigners appointed by the African Eminent Personalities group led by Mr Annan.

The investigators would all be non-Kenyan while the prosecutor would be appointed by the President in consultation with the Prime Minister — but from a list provided by Annan.

“That is a tribunal that, as PNU, we will not vote for in the House. But we again know that is ODM’s intention. They will have demonstrated that Kenya is not interested in prosecuting the cases whose deferral or referral the government is seeking,” said Mr Kioni.

The Ndaragwa MP said the party will discuss and find ways of countering this strategy as it could not support a local tribunal with a foreign element. ODM has its own strategy to counter the expected offensive.

“We know that once the House decides to deal with an issue, no one can stand in the way. But ultimately, if a motion is brought to the House, say on maize, for the sake of politics and lacks substance, it won’t go far,” said Mr Orengo.

“Our position is that no Kenyan is above the law. If anyone has sufficient evidence against the Prime Minister, for example, there are relevant channels that could be used to seek justice,” he said.

He said such a matter should not even be brought to Parliament unless its sponsors planned to launch smear campaigns against the PM.
“These are mere threats that will not make us lose sleep. This is just vilification,” said Mr Orengo.

On the so-called “original” KNCHR report, the minister challenged PNU to first establish if it was authentic.

“The first hurdle they have to deal with is the fact that they are making allegations against KNCHR, a government agency. I know there have been allegations that some people were left out of the Ocampo Six list but nobody is saying who and providing evidence,” he said.

“To me, this is simply chest thumping. Why can’t they simply give us the hard evidence? If they feel Ocampo is being selective, there is a way of approaching the court or do it through the Assembly of State Parties in which Kenya is member and raise the issue,” he said.

On the threat of private prosecution against other people allegedly spared by the ICC, Mr Orengo said this was possible as long as one had enough evidence.

“The prosecutor has to show the court that there is a case that is sustainable,” he said.

Mr Orengo said the ICC could deal with all individuals suspected of being involved in the post-election violence and that is why it took only the top suspects, so there is still need for local trials.

“The ICC does not have the capacity to deal with many cases even in terms of jail houses. So what we are saying is not new,” said the minister.