The storm in government over claims that powerful forces were interfering with referendum campaigns rekindles the standoff 12 years ago when Cabinet ministers, Uhuru Kenyatta and William Ruto demanded a snap election, citing a dysfunctional administration.
That was during heated debate in the National Assembly on April 23, 2009, when rival factions in the Grand Coalition Government clashed over who between President Mwai Kibaki and Prime Minister Raila Odinga had authority to appoint the Leader of Government Business in Parliament.
And like now, when Mr Odinga’s ODM is accusing Interior Principal Secretary Karanja Kibicho of meddling in the Building Bridges Initiative (BBI) campaigns led by himself and President Kenyatta, as well as alleging powerful figures are working on a parallel presidential succession plan to shortchange Mr Odinga, then, top civil servants were also singled out for criticism by the Orange side.
Among them was Head of Public Service Francis Muthaura, whom Mr Odinga’s camp at the time consistently accused of undermining the PM, citing Mr Muthaura’s controversial statement on March 10, 2008, when he clarified the government’s pecking order that ranked Vice President Kalonzo Musyoka above the PM.
Mr Muthaura further stated that according to the Constitution, the Vice President was ranked second to the President and would be the Leader of Government Business in Parliament, a post that would be the subject of a dangerous power struggle that would occasion calls for premature elections to elect a new government in the face of the growing divisions.
The standoff over the appointment of the Leader of Government Business had delayed the constitution of the 21-member House Business Committee (HBC).
This is after Speaker Kenneth Marende received two separate letters from President Kibaki and Mr Odinga, each designating a different holder for the office.
President Kibaki had advised the Speaker’s office that the government had designated Vice President Kalonzo Musyoka as the Leader of Government Business and the chairperson of the HBC.
But Mr Odinga advised the Speaker’s office that the Grand Coalition Government had designated him, the PM, to serve in both capacities.
The deadlock had frustrated house business during the third session of the 10th Parliament that had begun on April 21, 2009, with the state opening by the President.
While debating the issue, Mr Kenyatta, then a Deputy Prime Minister and Finance minister, had declared Kenyans were tired of the bickering in government and it was only fair that fresh elections are held to elect new leaders.
“Let us call a spade a spade. Enough is enough. Kenyans are watching us and are disappointed with us. We are all in government, save for Mr (Cyrus) Jirongo. We can no longer continue having a debate as to who is greater than the other. As it stands now, the government is unable to release monies to attend to critical and crucial matters facing this nation and to feed our people because we cannot get on with the business of this House, pass the supplementary estimates and other legislation as laid down by the President,” Mr Kenyatta said.
“The country can no longer continue to wait and watch us play games. Kenyans have had enough and they are saying that enough is enough. Please, let us bring an end to this. Mr Speaker, Sir, please, bring order to this House and this nation and let us move on with business. Otherwise, let us dissolve this House and go home and allow Kenyans an opportunity to elect the leaders they want,” Mr Kenyatta had declared.
Ironically, a decade later, the former Gatundu South MP is in charge of a chaotic government, battling a rebellion within his administration fuelled by his rebel deputy, Dr Ruto, and lately, protests from his opposition ODM allies angry that their party leader, Mr Odinga, with whom the President reached a deal on March 9, 2018, to end a crippling post-election crisis, was being slighted.
At one point, the dangerous power games in Parliament over a disputed formula for allocating devolution funds occasioned a shutdown of counties last year.
Back to the heated debate in Parliament in 2009, Mr Ruto, then Agriculture minister, also backed Mr Kenyatta’s call for fresh elections, citing the divisions in government.
“It is time we resolved these issues once and for all so that we can have a functioning government, a government that has synergy. If we are unable to resolve this problem, let us be honest with ourselves and say; ‘sorry, we are unable to resolve this problem, and, therefore, we should go to an election.’ We have to conclude this matter one way or the other. This House, today, is faced with arguments. We are busy arguing as to who is government,” Mr Ruto said.
He went on: “We must confront this issue. We must not sweep under the carpet what is bedevilling this country. Until and unless we have the courage to confront these issues head-on, and provide leadership that is required, we will continue to be in a circus.”
Mr Ruto told the House there were two stubborn facts: one that the president was Head of State and Head of Government and the other that the country had a coalition government.
“The problem with us is that we keep sweeping these problems under the carpet and thereby creating more confusion because we are unable or unwilling, or too scared to confront these problems head-on. We need to settle this matter because, for the past one year, this government has been faced with a lot of problems because there are issues we are unable to resolve,” Mr Ruto said.
Both Mr Kenyatta and Mr Ruto at the time stressed the need to “call a spade a spade” and “confront problems head-on”, but for three years, they have run a fractious administration.
In 2009, then Roads assistant minister Wilfred Machage regretted that the nation had been brought to a standstill because of the egos of two people, apparently referring to Mr Odinga and Mr Musyoka.
“It is, sometimes, so embarrassing to see these two gentlemen, when they walk with the President in the middle, outpacing each other to see who will be in front of the other. It is a shame. If I were one of the two, I would simply say: take all the powers. Be the chairman of the committee. Be the Leader of Government Business. Be chairman of all committees in Parliament, if you are able to do so. These egos must not be entertained in Kenya,” said Dr Machage.
“A whole House of respected members has been made to discuss people’s egos. The people should elect you their boss and not yourself to dictate that you must be this or that, or you must have a toilet and a carpet,” the assist minister charged.
Then Chepalungu MP Isaac Ruto said given that the government had become dysfunctional, the House needed to pass a vote of no confidence in the administration. “It is not our fault as members of Parliament that this government is not functioning. We do not expect to be dragged though this mud. The government is not capable of functioning and, we should move a vote of no confidence in all of them.”
The MP reminded the House that the previous day, 36 people had been massacred in Karatina in a bloody Mungiki gang campaign and “a part of the territory of this country is under foreign occupation.”
“This government is busy fighting and jostling over positions. There are times when we must rise above petty issues,” he said.
MP Millie Odhiambo added: “I want to challenge our President that, as a president, he must take the mantle and lead this country using those qualities. The reason we are having bickering is because of what Samoei (William Ruto) has alluded to. What we are seeing here is play-out of dissatisfaction with the way the government is being run. I am challenging the President of this country to show firm leadership.”
Earlier, on January 5, 2009, the Orange Democratic Movement (ODM) had demanded fresh negotiation of the power-sharing deal with the Party of National Unity (PNU), arguing that the Orange party had been side-lined in major national decisions.
Protests of a similar nature, but this time to do with the conduct of BBI campaigns and the 2022 Kenyatta succession are emerging.
It had threatened to push for abolition of the Head of Public Service’s post if its demands were not met.
The following year, Mr Muthaura would be dragged into a storm over 80 new constituencies.
Kisumu Town West MP Olago Aluoch had led fellow ODM lawmakers in accusing Mr Muthaura of allegedly instructing the Government Printer not to accept the controversial boundaries report by the besieged Interim Independent Boundaries Review Commission (IIBRC).
The MPs from Western, Coast, Rift Valley and North Eastern had threatened to censure Mr Muthaura in Parliament.
“We as Parliament will put our foot down and we are not going to allow the Office of the President to continue with the impunity. What was the point of a new Constitution?” Mr Ruto, the Chepalungu MP, had asked.
After Muthaura, his successor Francis Kimemia, too, had to brave constant attacks from the ODM brigade as the Kibaki succession unravelled in the lead up to the 2013 elections.
Mr Kimemia would at one point attract the wrath of the Kenyatta-Ruto camp as he was alleged to be among powerful figures then working to have Mr Musalia Mudavadi succeed President Kibaki.
Mr Kenyatta, who had teamed up with Mr Ruto to run for the presidency, would temporarily withdraw from the presidential race to back Mr Mudavadi, only to later rescind the decision he blamed on “demons.”
Fast forward to 2021. Office of the President officials are being accused by Mr Odinga’s allies of undermining his quest to succeed President Kenyatta.
And once again, Mr Mudavadi, who has teamed up with Kanu leader Gideon Moi and Mr Musyoka, is in the eye of the storm.
Siaya Senator James Orengo and Rarieda MP Otiende Amollo have warned unnamed powerful forces scheming to scuttle Mr Odinga’s presidential bid.
“We have people in government, instead of making sure the BBI process succeeds, they are now considering the question of succession in 2022. Civil servants must be subject to civilian authority. And we know what these characters are trying to do to determine who becomes president in 2022,” Mr Orengo said on March 6.
“These characters are undermining the authority and good will of President Uhuru and Raila Odinga. Harambee House and all government institutions, which are subject to civilian authority should keep away from the question of determining political leadership that will arise in 2022.
“Some of them tried when President Kibaki was retiring they didn’t succeed. During the first Kenyatta government they tried, they didn’t succeed. And even this one they are not going to succeed,” Mr Orengo declared.
Mr Amollo recalled the political crisis following the disputed 2017 presidential election that had split the country.
“There are enough people who don’t remember that, who belittle the Handshake and say it is about two people. There are those who think that they can belittle the Handshake and introduce other foreign elements and other foreigners and take us elsewhere,” he said.
“Raila does not need the Handshake or BBI to ascend to the presidency because the presidency remains, BBI or no BBI. And we will support him,” Mr Amollo vowed.
“If you’ve been in our politics long enough, you will recall 2012 and the aura of invincibility created around some people. I can see too many vibaraka (puppets) angling to assume the title of “kiboko ya Raila” (Raila’s threat). What they forget is that you cannot destroy that which you didn’t create,” Suna East MP Junet Mohammed has declared.
