Sunday, March 30, 2008

CHOLERA AND KENYA'S IDPS

What is cholera?

Cholera is an acute diarrheal infection of the intestine caused by ingestion of the bacterium Vibrio cholerae;(v.cholerae is responsible for releasing the toxin called cholerae toxin or {CT}which in turn is responsible for causing the mucosal cells to hypersecrete water and electrolytes into the lumen of the gastrointestinal tract. The result is profuse watery diarrhea, leading to dramatic fluid loss "rice water stools"is its hallmark)- which is fluids and mucous flecks.

Transmission occurs through direct faecal-oral route/ contamination or through ingestion of contaminated water and food and not limited to exposure of disrupted skin and mucosal surfaces to contaminated water. The disease is characterized in its most severe form by profuse watery diarrhea, vomiting, and leg cramps. In these persons, rapid loss of body fluids leads to dehydration and hypotention leading to shock. Without treatment, death can occur within hours due to severe dehydration and kidney failure.

The extremely short incubation period - two hours to five days - enhances the potentially explosive pattern of outbreaks, as the number of cases can rise very quickly. About 75% of people infected with cholera do not develop any symptoms. However, the pathogens stay in their faeces for 7 to 14 days and are shed back into the environment, potentially infecting other individuals. Cholera is an extremely virulent disease that affects both children and adults. Unlike other diarrhoeal diseases, it can kill healthy adults within hours. Individuals with lower immunity, such as malnourished children or people living with HIV and the elderly are at greater risk of death if infected by cholera.

How does a person get cholera?

Two serogroups of V. cholerae - O1 and O139 - can cause outbreaks. The main reservoirs are human beings and aquatic sources, often associated with algal blooms (plankton). Recent studies indicate that global warming might create a favourable environment for V. cholerae and increase the incidence of the disease in vulnerable areas. V. cholerae O1 causes the majority of outbreaks worldwide. The serogroup O139, first identified in Bangladesh in 1992, possesses the same virulence factors as O1, and creates a similar clinical picture. Currently, the presence of O139 has been detected only in South-East and East Asia, but it is still unclear whether V. cholerae O139 will extend to other regions. Careful epidemiological monitoring of the situation is recommended and should be reinforced. Other strains of V. cholerae apart from O1 and O139 can cause mild diarrhoea but do not develop into epidemics. A person may get cholera by drinking water or eating food contaminated with the v. bacterium. In an epidemic, the source of the contamination is usually the feces of an infected person. The disease can spread rapidly in areas with inadequate treatment of sewage and drinking water.

The v. bacterium may also live in the environment in brackish rivers and coastal waters. Under cooked sea food e.g. Shellfish if eaten raw have been reported as a source of cholera. The disease is not likely to spread directly from one person to another; therefore, casual contact with an infected person is not at risk of becoming ill. However, eating in one plate or preparing meals with persons who are carriers and failed to wash their hands after a long visit to the bathroom/latrine is deemed unsafe.

ALL in all- Cholera is mainly transmitted through contaminated water and food and is closely linked to inadequate environmental management. The absence or shortage of safe water and sufficient sanitation combined with a generally poor environmental status are the main causes of spread of the disease. Typical at-risk areas include peri-urban slums, where basic infrastructure is not available, as well as camps for internally displaced people or refugees, where minimum requirements of clean water and sanitation are not met.

However, it is important to stress that the belief that cholera epidemics are caused by dead bodies after disasters, whether natural or man-made, is false. Nonetheless, rumours and panic are often rife in the aftermath of a disaster. On the other hand, the consequences of a disaster -- such as disruption of water and sanitation systems or massive displacement of population to inadequate and overcrowded camps -- can increase the risk of transmission, should the pathogen be present or introduced.
What to do to avoid getting cholera when you are a way from home?

Drink only water that you have boiled or treated with chlorine or iodine. Other safe beverages include tea and coffee made with boiled water.
Eat only foods that have been thoroughly cooked and are still hot, or fruit that you have peeled yourself. Avoid undercooked or raw fish or shellfish, including ceviche.Make sure all vegetables are cooked avoid salads. Avoid foods and beverages from street vendors-the likes of Muturas.
A simple rule of thumb is "Boil it, cook it, peel it, or forget it"

Is a vaccine available to prevent cholera?
Oral cholera vaccines:

The use of the parenteral cholera vaccine has never been recommended by World health organization due to its low protective efficacy and the high occurrence of severe adverse reactions. An internationally licensed oral cholera vaccine (OCV) is currently available on the market and is suitable for travellers. This vaccine was proven safe and effective (85–90% after six months in all age groups, declining to 62% at one year among adults) and is available for individuals aged two years and above. It is administered in two doses 10-15 days apart and given in 150 ml of safe water. One such example of recently developed oral vaccine for cholera is Dukoral from SBL Vaccines. It is licensed and available. The vaccine appears to provide somewhat better immunity and have fewer adverse effects than the previously available vaccine.

Prevention and control of Cholera outbreaks:

Among people developing symptoms, 80% of episodes are of mild or moderate severity. Among the remaining cases, 10%-20% develop severe watery diarrhoea with signs of dehydration. If untreated, as many as one in two people may die. With proper treatment, the fatality rate should stay below 1%.

Measures for the prevention of cholera have not changed much in recent decades, and mostly consist of providing clean water and proper sanitation to populations potentially affected. Health education and good food hygiene are equally important. In particular, systematic hand washing should be taught. Once an outbreak is detected, the usual intervention strategy is to reduce mortality by ensuring prompt access to treatment and controlling the spread of the disease.

The majority of patients - up to 80% - can be treated adequately through the administration of oral rehydration salts- repackaged mixture of sugar and salts to be mixed with water and drunk in large amounts (standard sachets). Very severely dehydrated patients are treated through the administration of intravenous fluids, preferably Ringer lactate. Appropriate antibiotics can be given to severe cases to diminish the duration of diarrhoea, reduce the volume of rehydration fluids needed and shorten the duration of vibrio excretion. Routine treatment of a community with antibiotics, or "mass chemoprophylaxis", has no effect on the spread of cholera and can have adverse effects by increasing antimicrobial resistance. In order to ensure timely access to treatment, cholera treatment centres should be set up among the affected populations whenever feasible.The provision of safe water and sanitation is a formidable challenge but remains the critical factor in reducing the impact of cholera outbreaks.

Recommended control methods, including standardized case management, have proven effective in reducing the case-fatality rate. Comprehensive surveillance data are of paramount importance to guide the interventions and adapt them to each specific situation. In addition, cholera prevention and control is not an issue to be dealt by the health sector alone. Water, sanitation, education and communication are among the other sectors usually involved. A comprehensive multidisciplinary approach should be adopted for dealing with a potential cholera outbreak.

Friday, March 28, 2008

CAN KIBAKI RENEGE ON POWER-SHARING DEAL?

National Accord and Reconciliation Act, No 4 of 2008 and the Constitution of Kenya (Amendment) Act, 2008, were passed and given assent by the President and became effective on March 20.The Acts demand that there be a Prime Minister and that the coalition Government reflect the parliamentary strength of the respective parties and that there be “…portfolio balance.”

As the new law states, the Prime Minister is automatically the parliamentary leader of the largest political party.

Therefore, the coalition government is based on the pro rata parliamentary strength of each political party forming the coalition. The coalition comprises ODM, PNU, ODM Kenya and Kanu, their shares in the coalition in the same descending order and including portfolio balance. ODM is therefore the senior partner.....

DONALD B. KIPKORIR has this in details in his DN article

Monday, March 24, 2008

REACTION TO OBAMA'S SPEECH A WEEK AFTER IT WAS GIVEN

Tananarive Due and Steven Barnes wrote in huffingtonpost about sen.Barack Obama's speech a week after it was given and explores its deeper meaning.


What a difference a week makes.....

The Friday before Good Friday, I began my weekend with a sick feeling in my stomach that returned every time I switched on the news. Barack Obama's pastor, Rev. Jeremiah A. Wright, was everywhere. The pastor's incendiary remarks were being played and replayed, and I knew instantly that of all the threats to Barack Obama's candidacy thus far, none had been so potent--nor so utterly personal.

What was Obama to do? Having attended black churches myself (and having been raised by civil rights activists), I understood the cultural context of his pastor's remarks--even those I did not agree with. Having read Obama's memoir, Dreams from My Father, I had some knowledge of Wright's place in Obama's heart. Wright had guided Obama's path to Christianity. How can that relationship be put into words? How can you convincingly disavow someone who, despite his flaws, has meant so much to you?
Read the rest of the article

Friday, March 21, 2008

REACTION TO OBAMA'S SPEECH ON RACE IN AMERICA

This is a follow-up to the speech that sen. Barack Obama gave in Philadelphia on Tuesday March 18,2008. This afternoon on NPR'S talk of the nation by Neal Conan, I happened to switch on the radio on my way to work and i found the program to be very interesting.

Here we go:

......Sen. Barack Obama spoke on Tuesday about the role race has played in the presidential campaign and addressed the racially charged remarks made by his longtime pastor, the Rev. Jeremiah Wright. Guests and callers weigh in on the ways in which Americans talk about race in public and in private.

Guests:

1)Erin Aubry Kaplan, columnist for The Los Angeles Times, author of the op-ed "Black Isn't Enough"

2)Robert Jensen, professor of journalism at the University of Texas; author of The Heart of Whiteness: Confronting Race, Racism and White Privilege

3)Michael Meyers, executive director of the New York Civil Rights Coalition; author of the Los Angeles Times op-ed "Obama Blew It"

4)Gustavo Arellano, writer of the Ask a Mexican column....


HERE IS THE AUDIO PART

Tuesday, March 18, 2008

OBAMA'S SPEACH ON "RACE" IN AMERICA

There is a seven page text making rounds that's been prepared for delivery by Senator Barack Obama in Philadelphia.The speech is about race in America. It is understood that this is in response to the Rev. Wright's controversy.

TRANSCRIPT:

“We the people, in order to form a more perfect union.”

Two hundred and twenty one years ago, in a hall that still stands across the street, a group of men gathered and, with these simple words, launched America’s improbable experiment in democracy. Farmers and scholars; statesmen and patriots who had traveled across an ocean to escape tyranny and persecution finally made real their declaration of independence at a Philadelphia convention that lasted through the spring of 1787..... READ MORE HERE

Sunday, March 16, 2008

LET ALL MPS JOIN HANDS IN PREACHING PEACE

There are some good news coming from a section of politicians who now appear to understand the magnitude of the aftermath of the Dec.27, 2007 disputed/discredited elections. Of note are the statements of Mr. William Ruto and Mr. Najib balala among others.

This weekend Ruto made statements that many will term as positive and headed in the right direction. “The Government we are about to form will not be pegged on sharing positions. Those out for positions should do so quickly and give us ample time to get down to real business,” he said.

He also supported Musalia Mudavadi for the post of deputy prime minister in the proposed coalition Government-this is after there appeared to be some frictions already beginning to show within the ODM ranks when three ODM MPs – Mr Kipkalya Kones, Mr Franklin Bett and Dr Julius Kones – said the sharing of power within ODM should be based on the voting pattern in the December election.

"If we gave more votes than the North Rift, we the Kipsigis should get the bigger portion,’’ Bett said. Dr Julius Kones added: "We support the power deal but not just on the horizontal basis between Kibaki and Raila, ODM and PNU, but we need to let it trickle down to the grassroots. This is ODM’s greatest test.’’It is understood that Ruto's statements were aimed at such stances while clarify and showing the bigger picture of what lies a head.

And while at it, he(Ruto) appealed to leaders to stop arguing over political positions and instead concentrate on fulfilling promises made to the people. The Eldoret North MP warned politicians not to reduce the sacrifices made in the past few months to a scramble for positions.

“Life and property have been lost. Let’s not talk about positions when many people are still living in camps as refugees in their own country,” he said.

The MP added: “Kenyans should pull up their socks, tighten their belts, roll up their sleeves and deal with various historical injustices, marginalization problems and tribalism that is tearing the country apart.” He added “it’s time for us to make sacrifices, like other Kenyans, in order to begin in earnest to solving problems affecting Kenyans instead arguing about positions”.

Balala on his part together with other MPs urged coastal communities to promote peace following the political crisis that rocked the country after the disputed polls. Lets hope that these are not mere empty isolated statements aimed at achieving cheap political mileage but, a true change of heart and a willingness to put the country before personal interests.And shall we demand that, the rest join-hands and together in unison to lift this country up.

Friday, March 14, 2008

MUTHAURAS OF KENYA NEED TO BE PUT ON NOTICE

It was refreshing to read an accurate take on the Muthaura's last week's press conference.
D. KIPKORIR said this much...

On Monday(03/10/2008), the head of public service, Mr Francis Muthaura, with Government spokesman Alfred Mutua in tow, called a press conference and, with the national flag in the background, told Kenyans what he called the Government’s understanding of the power-sharing agreement signed by President Kibaki and ODM leader Raila Odinga.

In particular, he said the pact was restricted to assigning Mr Odinga the title of prime minister, maybe a security escort and half the Cabinet, and that is all. With respect to Mr Muthaura, his understanding of the deal is pedestrian, off-course and misleading.

The National Accord and Reconciliation Bill, 2008, and the Constitution of Kenya (Amendment) Bill, 2008, were published on March 6, setting in motion the legislative process to enact them into law.

The Reconciliation Bill sets out the details of the power-sharing agreement and, once enacted, will be an ordinary statute. The constitutional Bill merely intends to embed the statute in the Constitution and thus make the pact constitutional.

Dual process

The dual process of having a statute with the details, and then a mere insertion in the Constitution that says that the statute is part and parcel of the Constitution, is novel and precedent-setting in our constitutional jurisprudence. I guess the exigency of the moment was an inspiration to the people who drafted the Bills.

But drafting was the only point of convergence of ODM of Mr Odinga and President Kibaki’s PNU.

The heart and gist of the Reconciliation Bill states that the prime minister, who shall come from the largest political party in Parliament, shall “ … coordinate and supervise … the affairs of the Government, including those of ministries …”

The Constitution Bill will amend Sections 3, 15 and 17 of the Constitution to make the Reconciliation Bill part of the supreme law and make it supersede all other provisions of the Constitution and Acts of Parliament that shall be inconsistent with it.

What then are the true meanings of the two Bills? Before attempting to understand them one needs to know two things — that they are in law called enabling statutes as they are intended to create new offices and powers, and it is the exclusive province of Parliament to make laws and for courts to interpret them when there is a conflict.

In interpreting statutes, one has to look at several established parameters and principles. And of paramount importance is to give effect and efficacy to the intention of Parliament in legislating them.

The preamble to the two Bills, to which President Kibaki and Mr Odinga appended their signatures, is clear and states: “The crisis triggered by the 2007 disputed presidential elections …threatens the very existence of Kenya … neither side can … govern the country without the other. There must be real power sharing …”

Any interpretation of the Bills must, therefore, never contradict the intentions and objectives of what the President and Mr Odinga signed.

Both leaders have a duty to give Kenyans a joint statement of what they meant, and one side should not give a disputed position. As ODM has rejected Mr Muthaura’s statement, it must be taken that his statement was a personal view.

Further, meanings of Bills must be unambiguous and mean what they say as well as create consistency.

Every person is free to consult their dictionaries to get the meanings of the operative words that create the office of and give powers to the prime minister.

If words used in a Bill are meaningless or give contradictory and ambiguous dictionary meanings, it behoves Parliament to correct them.

The Bills say that the prime minister shall have “… authority to coordinate and supervise …” functions and affairs of the Government, including ministries.

The simplest dictionary meaning of this is that the prime minister shall have power — real power — to superintend and oversee all powers of government and ministries to create order, harmony and organization. The words cannot have a clearer meaning.

Government and ministries mean what they say; this is the entire Executive arm. The other arms of the State are the Legislature and the Judiciary.

Government and ministries include the entire civil service, the armed forces, the provincial administration, the diplomatic corps and the parastatals.

Supervisory role

The prime minister will thus have the overall supervisory and coordinating role over the entire Executive to its fullest extent as long as this does not conflict with the overall powers of the President as set out in sections 23 and 24 of the Constitution.

As the creation of the office and the powers of the prime minister was by President Kibaki’s agreement, we must take it to mean that their powers shall be seamless.

My understanding is that the prime minister shall be a co-president. The premier will, therefore, exercise all executive powers, except that of being commander-in-chief of the armed forces and receiving diplomatic accreditations.

The other interpretations of statutes are more scientific and are the preserve of the courts. Meanings beyond the clear, ordinary and unambiguous are left to the courts.

This interpretation is to create logic and consistency in the entire legal body to remove any unintended consequences. However, the power of the courts leaves it to the individual persuasion, philosophy and, tragically in Kenya, the judge’s tribe.

However, the judges will still be guided by history, context and public policy in their interpretation. The two Bills are, as admitted in the preamble, caused by the ineptitude and incompetence of the Electoral Commission which left Kenyans in doubt as to who the president is.

It will take a very unpatriotic and completely incompetent judge to give a meaning that is contrary to this history, context and public expectations.

Kenya needs to heal and move forward, and it is evident that the President and Mr Odinga know what we expected, and do expect, of them.

In the next one week or so Parliament, through a guillotine process, will enact the two Bills into law. The House is wholly empowered to have short-cuts in its procedure when there is cause, and isn’t there one now?

The Reconciliation Bill needs a simple majority of Parliament to be passed, whereupon it will be gazetted and assented to by the President.

The Constitutional Bill needs 65 per cent of all MPs and, once passed, automatically becomes law without the presidential assent. Parliament and the attorney-general need, therefore, to work in sync to bring both Bills into operation at the same time and seamlessly.

In the meantime, Mr Muthaura and like-minded officers should stay clear of the roles of the AG and the courts.

Interpreting the law is not part of the duties of a civil servant, and I am surprised that Mr Moses Wetang’ula and Mr Mutula Kilonzo, lawyers of impeccable record, will want to acquiesce to Mr Muthaura’s amorphous and non-existent duty.

Besides, the office of the head of public service being non-constitutional, will be subservient and answerable to the prime minister. Section 19 of the Public Officer Ethics Act, 2003, makes it a criminal offence for a civil servant to give false or misleading statement to the public.

Our prefects, AG Amos Wako and the head of the Kenya Anti-Corruption Authority, Mr Justice Aaron Ringera, should read and enforce it.

As our nation-state is trying to heal, we must stand up against people who want to derail the process.

Kenya is bigger than individuals, and our objective is to move forward according to the road map given by the mediation chief, former UN secretary-general Kofi Annan, and his team.

We must go through all the agreed processes. Some people will have to lose power and others gain it, but Kenya must stand united.

TIME FOR CHANGE IS NOW

Kenyans, lets all join hands and say -enough already!... with the likes of Muthauras, Mutuas, Michukis, Karuas-(even though she's tried very hard to tone down her hardliner position for the last three days), Thuos, Muhohos, Kilonzos, Kimunyas, Wetangulas among others. Apparently it hasn't dawned on them that it's not going to be business as usual again in Kenya-never!.....

THIS MUCH IS TRUE:

By Emeka-Mayaka Gekara.....

The public service is the fulcrum on which government development programmes revolve. But given the recent election-related violence, the poisoned ethnic atmosphere and a torn national fabric, Kenya now requires a creative, clean and representative civil service to pull it from the brink. To achieve this goal, it must enjoy the goodwill of all Kenyans more than ever before.

Since independence, the ruling elite has been using patronage to reward cronies with positions in the public service, provincial administration and parastatals.

Presidents Kenyatta, Moi and Kibaki have all used the positions to pay back for the loyalty of their people. These include positions of permanent secretaries, provincial and district commissioners, State corporation chairmen and envoys.

Communities whose elites dominate government echelons reap a chunk of public service posts through a trickle down effect. Conversely, communities that are not represented feel marginalized, thereby causing ethnic resentment.

This discontent was partly to blame for the collapse of Narc, the coalition which won the 2002 election. The coalition collapsed after some ethnic groups felt short-changed in the allocation of positions in the public sector on the basis of the infamous MoU.

Central Kenya where President Kibaki comes from, was perceived to have received key posts in both the Cabinet and civil service.

According University of Nairobi political scientist Karuti Kanyinga who has carried research on governance institutions and inequalities in Kenya, it is through ethnicity that elites fence off those likely to oppose those competing against them.

“An inequality in the ethnic composition of influential positions therefore derives from conscious and deliberate efforts of the governing elite. Elites from ethnic groups associated with opposition groups are locked out of influential positions to ensure a structured form of inequalities and therefore a structured form of political domination.”

The civil service, by its very composition, played both a divisive and unifying role.

While some villages harvested more than two slots of permanent secretaries and a host of high commissioners and judges, some constituencies felt left out.

While one womb was rewarded with two posts of PS, thousands others in some parts of the country got not even a DO.

Those rewarded with the posts rallied around the President while the other group tilted away disenchanted. No wonder, the Narc coalition split within three years.

The Annan peace accord signed on February 28 has highlighted the mistake and argued a potent case for national unity which should be reflected at all levels of government — from the village chief to the President. If the late Kijana Wamalwa was to resurrect and attend a PNU/ODM Cabinet, he’ll only probably be concerned about the absence of Moody Awori and his North Rift neighbour Kipruto Kirwa.

At the sight of William Ruto, Musalia Mudavadi and Uhuru Kenyatta, he will think the politicians crossed over and joined Narc because the peace agreement has reassembled the original Narc and added Kanu to the mix for good measure.

It should not be split again.

But if history is anything to go by, the sharing of power should go beyond the Cabinet to other spheres of government, including the civil service. In fact, real sharing of government is the heartbeat of the Annan Accord.

Equitable distribution of key positions along regional lines should help foster a sense of inclusion and redistribution of resources at the top.

If the system does not work, the alternative would be to weed out the key civil servants standing in the way of reforms and replace them with those who will oil the wheels of change.

Like President Kibaki and Mr Raila Odinga, professionals across the political divide should team up as patriots in the public service to implement the coalition manifesto.

A young, competent and energized public sector picked on merit and which represents the face of country’s diversity will also boost a sense of national ownership of the shared government.

New dispensation

Besides, a public sector for the coalition must resonate and be fully reconciled with the new dispensation for it to implement the agenda of the parties and their leaders.

It is futile to have a Cabinet which represents the face of the alliance whose policies are implemented by a public service skewed in favour of one of the parties.

That is why, for instance, a number of us expect a new spokesman, probably woman, for the grand alliance.

Secondly, top civil servants, especially permanent secretaries, high commissioners and provincial administrators, play a significant political role because they are used to facilitate control and execution of power. This is why both PNU and ODM will need to have representation in them.

According to Prof Kanyinga, whenever governments change, “incoming elites feel insecure to govern using a framework they have little control of.”

This explains why Head of Public Service Francis Muthaura’s comments on the power-sharing agreement attracted the rough edge of the ODM tongue.

In his interpretation of the deal, Mr Muthaura said the civil service will not be subject to the power-sharing deal.

He also said that appointments to the public service, parastatals and other constitutional bodies were not subject to the agreement.

According to him, such appointees were expected to serve all Kenyans equally and their jobs could not be politicised.

Mbooni MP Mutula Kilonzo, who appears to be positioning himself for a key role in the alliance, supported Mr Muthaura saying he was executing the administrative part of the deal. But ODM reckons that the Secretary to the Cabinet was unqualified to interpret the agreement.

Out of tune

Mr Muthaura’s views projected him as the voice of a clique which has not learnt from history and is largely out of tune with the reality on the ground.

It is also curious that his sentiments were captured in a mysterious document circulated to MPs earlier this week.

Secondly, it portrayed him as the face of a frightened section of senior civil servants fighting to retain their jobs.

For real power-sharing, a shake-up of the service is inevitable.

Kenyans expect the typewriter generation of civil servants – of which Mr Muthaura is prominent member – to give way to new blood. Nobody had better advice for the Muthaura than former Knut chairman Joseph Chirchir.

Reacting to what he termed as the Head of Public Service’s “unfortunate remarks”, the retired unionist said: “Muthaura has outlived his usefulness in the civil service and should step aside for young people.”

Wednesday, March 12, 2008

US DEMOCRATIC RACE CONTINUES

Barack Obama's victory in Mississippi last night along with his weekend win in Wyoming has enabled him to erase the gains Hillary Clinton made with wins in high-profile races in Ohio and Texas last week.

With the win in Mississippi, he has now won 29 contests compared to 15 for Clinton. In overall votes Obama has about 13.3 million to 12.6 million for Clinton, based on unofficial returns which don't include the Michigan and Florida contests.

Obama beat Clinton 61 percent to 37 percent with 99 percent of the precincts reporting in Mississippi state. With the victory, Obama added 17 delegates to his total while Clinton picked up 11, according to the estimates.

The Mississippi win was Obama's second win in a row, having won the Wyoming caucuses Saturday. He's also projected to be the winner of the Texas Democratic caucuses that occurred March 4. Obama will be awarded 38 of Texas's delegates, while Clinton will win 29 delegates as a result of the caucuses.

Clinton beat Obama 51 percent to 47 percent in the Texas primary that was also held on March 4, but Obama was expected to win a majority of the 228 Texas delegates due to his caucus win. Two-thirds of the state's 193 delegates were at stake at the primary, while the remaining third were decided by the caucuses.

Counting the wins in Mississippi and Texas, Obama now leads Clinton 1,608 to 1,478 in the total delegate count. Neither candidate is expected to obtain the 2,025 delegates needed to win the nomination outright before the national convention in August.

Monday, March 10, 2008

KIBAKI SHOULD KEEP HIS KITCHEN CABINETS UNDER CHECK OR LOCK & KEY

The former UN Secretary General Kofi Annan, who mediated the negotiations, called the deal (the National Accord and Reconciliation Act), and said before leaving the country that the deal shall be entrenched in the constitution. He outlined the key points of the agreement as follows:
  • The post of prime minister will be created, with the holder having the authority to co-ordinate and supervise the execution of government functions.
  • The prime minister will be an elected member of parliament and the parliamentary leader of the largest party in the National Assembly, or of a coalition if the largest party does not command a majority in parliament.
  • Two deputy prime ministers to be appointed, one to be nominated by each member of the coalition.
  • The prime minister and deputy prime ministers can only be removed if the National Assembly passes a motion of no-confidence with a majority vote.
  • A cabinet to consist of a president, vice-president, prime minister, two deputy prime ministers and other ministers.
  • The removal of a minister of the coalition will be subject to consultation and agreement in writing by the leaders.
  • The composition of the coalition government will at all times take into account the principle of portfolio balance, and reflect the parties' relative parliamentary strengths.
  • A 50-50 power-sharing formula-of which, power sharing would be at two levels — the Cabinet and the Government, which includes the Civil Service and parastatals.
  • The coalition will be dissolved if the current parliament is dissolved; or if the parties agree in writing; or if one coalition partner withdraws from the coalition.

    Now the question that the Kenyan people need to ask is this:

    Who exactly is Francis Muthaura? and who is Martha Karua? and i am sure there are a few retrogresives in this group who would rather pull the strings from behind than be seen in public, who are they?

    Because according to them:

    The President will retain the powers to appoint the Prime Minister, Deputy Prime Ministers and Cabinet ministers under the power-sharing agreement brokered by Mr Kofi Annan. Mr Muthaura had said: "The Vice-President, Prime Minister, deputy Prime Ministers and all ministers are directly responsible to the President. The President will continue to chair the Cabinet".

    He also said that appointments to the public service, parastatals and other constitutional bodies were not subject to the power-sharing deal. According to him, such appointees were expected to serve all Kenyans equally and their jobs could not be politicised.

    Flanked by the government spokesman Alfred Mutua, Mr Muthaura said that President Kibaki retained his responsibilities as the Head of State and Government under the deal mediated by the former UN secretary general. All permanent secretaries and chairpersons of State corporations, he added, will also be appointed by the President. Mr Muthaura said the VP is the principal assistant of the President and will retain his position as the Leader of Government Business in Parliament. "This is a Constitutional provision and you don't expect the Prime Minister to supervise the work of the Vice President," he said.

    So it seems, everybody-including Mr Annan himself and international community do not/and didn't know what the power-sharing deal 's all about and have been waiting for Mr. Muthaura and his friends to shed some lights in to it?
  • US DEMOCRATIC DELEGATE RACE

    BARACK OBAMA: 1,578 delegates
    Delegates won on 8 March: 7
    States won so far: 25

    HILLARY CLINTON: 1,468 delegates
    Delegates won on 8 March: 4 delegates
    States won so far: 16

    Delegates needed to secure nomination: 2,025.
    Total number of super-delegates: 796.
    Undecided super-delegates not plegedged on either candidate: 344.

    POPULAR VOTE
    BARACK OBAMA: 13.6million votes

    HILLARY CLINTON: 13.3million votes

    Sunday, March 9, 2008

    THE INTRIGUES OF THE POWER-SHARING DEAL

    It is interesting to watch/read about how MPs instead of concentrating on healing the nation and enacting Bills that would legalize the power-sharing deal between ODM and PNU, that so far is promising to put the country back on her feet and avert the free fall that a fortnight ago was staring in the face and now seems a thing of the past. They have acquired the new game. And the new game in town is...well,... scrambling for the positions of Deputy Prime Ministers. AND YES... that is the new game. Hon. John Harun Wmau(MP for kilome) had this to say about the situation....

    As a result of the disputed presidential election results, the country fell into a deep political crisis.

    We have had thousands of people killed, wounded, and displaced not to mention huge economic losses.

    This crisis seems to have instantaneously divided into ethnic blocks a country that was previously peaceful and the role model in Africa.

    To resolve the post-election crisis and heal the nation an agreement has been reached. This agreement has been widely published in all daily media, stipulating legal reform to fortify the accord between the Party of National Unity (PNU) and the Orange Democratic Movement (ODM).

    To defuse the tension, it was agreed that a power-sharing structure, to include the position of Prime Minister and the sharing of ministerial posts on 50-50 ratio between PNU and ODM, be legalised.

    But now, the proposed legal structure undermines the creation of a permanent order that will address healing and reconciliation in a manner which meets public expectations.

    The fault starts right from the creation of the position of Prime Minister either by design, calculation or intention, the structure looks like it is built on quicksand. Among other things it is understood that:

    • The Prime Minister shall be appointed from an elected member of the National Assembly either from a political party or a coalition of political parties, whichever has the largest numbers on the floor of the House.

    • The office of the Prime Minister so appointed shall become vacant inter alia by passing of the National Assembly resolution, which is supported by a majority of the members declaring a vote of no confidence.

    This means a simple majority even by one vote and this is extremely dangerous in view of the present circumstances. The difference between the largest political party and the coalition is about ten MPs.

    • The other ground for removing the Prime Minister from office is when the coalition is dissolved. This is strange because the expectation of Kenyans is that the coalition should have no room of being dissolved at the whim of either of the partners.

    There being no specified time limit within which a coalition will be dissolved means it can even be dissolved any time.

    This goes against the expectation of the people and the spirit of the agreement.

    The understanding is that the coalition should stand until the Tenth Parliament is dissolved. This should be expressly stated as it is at the heart of the coalition.

    The suggestion that any one of the coalition partners can withdraw at will goes against the expectation of our people who have been made to believe that this coalition is permanent, save Parliament being dissolved in readiness for a General Election.

    While the legal provision of the Act provides that the Act shall cease to apply upon the dissolution of the Tenth Parliament, that is the expectation of our people and the law should reflect this expectation. Behind the curtains there seems to be a general agreement that the coalition partners can dissolve it.

    My voters in Kilome have told me that their understanding of the agreement is that the coalition between President Kibaki and Mr Raila is supposed to heal until this Parliament is dissolved.

    Their feeling is that if the coalition is dissolved, then the country would dive back into the crisis, which this arrangement has sought to remedy.

    Voters understand that sharing of Cabinet and Government is supposed to create ease national tension. But the comfort lies in running the Government until Parliament is dissolved.


    My constituents, therefore, demand that the coalition should not have power to dissolve itself and no member should have power to dissolve it until Parliament is dissolved. A coalition that can dissolve itself or be dissolved at any time by any other people other than the people of Kenya is a hoax.

    The inspiration, expectation and belief of the people is that a coalition will have enough safeguards working as checks and balances during the healing, when the opposition in Parliament has been consumed into this partnership.

    While the majority party in Parliament has 111 MPs, their partner in the grand coalition commands 103. Raila, the leader of ODM, is to be the Prime Minister forgetting that the difference between the two parties relative strengths is just eight MPs.

    What if there is a change of alliances or by-elections that shift numbers? Then the majority party will be demanding premiership since it will have more members. The scenario therefore will be like this; the coalition will have the President, Vice-President (Leader of Government Business) the Prime Minister, Deputy Prime Minister and majority of members in the House.

    The plan is, therefore, to displace Raila as the PM.

    For the agreement to be void of any mischief, which is now glaring since the president comes from the coalition of political parties and he has a fixed term of five years, similarly the PM should remain with ODM for five years.

    The provisions of a vote of no confidence in the Prime Minister should be the same as those of the President, which is two-thirds majority. In case the PM does not survive the vote, the next should still come from the party other than the President’s.

    Dissolving the coalition for any other reason other than the Parliament being dissolved should not even be contemplated.

    Should the legal framework as it is pass, then one party is being duped and the effect could be devastating.

    The legal framework should create a coalition that cannot be broken or dissolved.

    Saturday, March 8, 2008

    ODM, PNU AND THE 50-50 POWER SHARING DEAL

    The Orange Democratic Movement has identified 18 ministries — among them 10 powerful ones now held by key Kibaki allies.This is in accordance to a 50/50 portfolio sharing in the power-sharing deal.

    There are also reports that a secret proposal is circulating where ODM has earmarked 1,000 high-profile jobs it will want to fill as part of the National Accord and Reconciliation Agreement to share government positions equally.In order to fully accommodate its members, the party is proposing that the size of the Cabinet be increased to 38 slots through the creation of five new ministries.

    Among the positions for which ODM has staked a claim are finance held by A. Kimunya, Internal Security occupied by G. Saitoti and Justice and Constitutional Affairs by M. Karua. One of the requirements of the agreement is that there should be a portfolio balance meaning, the powerful ministries to be shared equally. The ODM proposal recognizes that the presidency, vice-presidency and one position of Deputy Prime Minister will go to the PNU side.

    ODM proposes to take Internal Security, Finance, Local Government, Health, Agriculture, Justice and Constitutional Affairs, Information and Communication, Transport, Water and Irrigation, and Energy. Others are Tourism and Wildlife, Environment, Public Service, Special Programs, National Planning, and Youth and Women’s Affairs.

    The proposal suggests that PNU take Defence, Foreign Affairs, Roads and Public Works, Science and Technology, Livestock and Fisheries, East African Community, Gender, Sports and Culture, Regional Development, Lands and Settlement, Trade and Industry, Housing, Labour and Human Resources, Immigration, National Heritage and Cooperative Development. The party is also want the creation of ministries of Coordination and Development (to be held by the PM), Light and Heavy Industry, Natural Resources and Mining, Urban and Highway Development, and Rural Development. The new ministries would be shared between the two sides.

    If the ODM proposal is accepted, the President would have to reshuffle his already-in place 17 member Cabinet slots that he created days after he was declared winner of the December 27 election. He left vacant 16 slots in his 36-member Cabinet and all positions of assistant ministers.

    In summary, ODM wants 18 ministers in the coalition government, 36 assistant ministerial positions, 18 permanent secretaries, 22 ambassadors, five provincial commissioners, 94 district commissioners and five provincial directors of education. In line with the the agreement talks of a 50-50 share of seats in the Cabinet and top positions in government.

    It's understood that PNU may get one seat more than ODM, but the distribution must reflect the relative parliamentary strength, the report said. However,it is a sure thing that PNU would be reluctant to relinquish Finance, Internal Security, Constitutional Affairs, Roads and Energy.

    A clause in the accord states: “The composition of the coalition Government shall at all times reflect the parliamentary strength of the respective parties and shall at all times take into account the principle of portfolio balance.

    A proposed law gazetted on Friday — the National Accord and Reconciliation Bill, 2008 — which comes up in Parliament next week, allows the President to appoint whomever he like from his own party to the Cabinet, but for the ODM positions, he has to accept the recommendation of the party leader, Mr Odinga.

    The ODM proposal also wants the 50-50 sharing to apply to the lower ranks of the Civil Service to ensure fairness. Permanent secretaries are appointed by the President, while the boards of parastatals are filled by the ministers in charge. Other positions are either filled by the Public Service Commission or advertised and filled competitively. In most cases, however, ministers or other well-connected persons are able to influence the appointments.

    PNU ministers, many of whom did not wish to comment publicly, revealed that the party has its own proposals, and that the partners could be in for protracted negotiations before an agreement is reached. Among the dockets that PNU is keen to retain are Finance, Internal Security, Justice and Constitutional Affairs, Local Government, Energy and Transport and Communications.

    The PNU argument is that, other high profile ministries—Health, Agriculture, Trade and Industry, and Tourism and Wildlife — are vacant and should be taken up by ODM MPs. Those positions are equally heavyweight, and for the President to have left them out, it means that our now good friends from ODM can take them up. We have just signed a deal and we should not allow the just-founded camaraderie to be affected by jostling over Cabinet positions,” said a Cabinet minister, who did not wish to be named.

    The rest of the ministries, the PNU members argued, can be reshuffled and shared with their ODM colleagues in the coalition government. But the sharing may not be 50-50 as ODM leaders are asking, the PNU members said. The PNU proposal, the was informed, is to expand the Cabinet to 36, up from the present 34. Among the highlights is the revival of the Ministry of National Reconstruction which was held by the late Vice President Michael Wamalwa in 2003. That ministry, they propose, should be given to Mr Odinga, who in his capacity as the PM should play a key role in national reconstruction and reconciliation.

    Their reasoning is based on the fact that most of the areas that were affected by the post–election violence were his strongholds—Rift Valley and Nyanza— and his efforts to reconcile and rebuild those areas will be more welcome by the residents.

    KENYAN POLITICS 101

    And one would think Kenyan politicians learned something from the crisis.

    Friday, March 7, 2008

    POLITICIANS LINING UP FOR SPOILS AFTER PEACE DEAL

    After the post-election violence in Kenya and the long-drawn negotiations leading to the restoration of peace, the excitement is over and the hard work MUST BEGIN. It is hoped that the political actors have listened to the people’s message and are acting accordingly.But you will be surprised,as N.Mutonya, B.Namunane and M.Wachira of Daily Nation put it.

    The people, of course, excluding the hawks on both sides of the political divide who wish to pull the others back to the anarchy trenches for selfish interests. The hawks will always be there, and they will throw tantrums and put logs in the way of reconstruction, if only to remain relevant. The new political dispensation calls for off-loading excess baggage by both camps so that the principals may chart a new course for Kenya. By holding court privately, the President and the Prime Minister-designate have shown that they intend to take charge of the country’s political transformation. They have the moral advantage of being perceived by Kenyans to be the midwives of the deal they brought about when there were doubts about its sustenance.

    They must continue to use this advantage not for short-term political gains, but to entrench the new political reality into the foundations of a new constitution that can serve Kenyans for the next 50 years at least. They must also navigate dexterously in the sea of anxiety among politicians used to fawning or trashing opponents. Such politicians must now accede to the new political order because the people owe them nothing.

    The new political dispensation should hopefully destroy the current patronage lines, although new ones will emerge, but the two political peaks must resist the temptation of putting self ahead of public interest for it to succeed. The two men have the opportunity to establish a legacy that will serve the country for generations — just as Xanana Gusmao and Ramos Horta did for East Timor at a time of need. Kenyans do not expect less.

    Pictures from all over the country of people screaming in ecstasy about the signing of the power-sharing pact and the almost magical switching off of hostilities sends the clear message that they demand leadership from politicians. The agreement to set up a truth and reconciliation committee and hold joint meetings by the parliamentary groups is a clear sign that there are serious attempts to move on.

    In Mwanza-Tanzania, where the experts were discussing the region’s infrastructure, the mood was one of cautious camaraderie about the Kenyan experience. "We are glad the madness is over and lessons have been learnt, but the whole region must learn to listen to what the people say", they said. Peace cannot be taken for granted. Last weekend, Hillary Namanje and Joel Godiah presented a comedy to a full house at Mombasa’s Little Theatre Club, tritled Cash on Delivery by Michael Cooney. The wildly acclaimed play had the hall in stitches in true celebration of the reduced tension in the country. Those are the little things that we took for granted until a few months ago.

    Now that the smile is back on Kenyans’ faces and politicians seem to be setting the country back on course, one can only hope that the past is behind us and that a new constitutional dispensation has arrived. But wait,there are already reports that the so called "bigwigs" are at it again, shamelessly watering their mouths with petty parochial deals. The lot cares less about the position the country is/was in and are absent in their God given minds on doing the responsible thing. Changing the nation for the better, not necessarily for them only but for the generations to come.
    Key leaders from both sides of the political divide have quietly been staking their claim to the two posts of deputy premier which are to be shared between the PNU-Government and ODM. The post is attractive as the holders will rank higher than Cabinet ministers and one of them will be assigned to sit in for the premier whenever he is not available.

    Lobbying for slots

    Similar lobbying has been going on for ministerial slots and those of assistant ministers. Sources indicated that President Kibaki is set to increase the number of Cabinet slots to a whooping 36 when he names the new Government.

    The quest for the deputy premier’s seat has brought into focus intra-party rivalry, heightened the political ambitions of women MPs and stirred the hopes of youthful leaders in the 10th Parliament.

    Names of Cabinet ministers M. Karua, K. Murungi, U. Kenyatta and G. Saitoti have been mentioned in lobbying sessions on the PNU side while those of MPs M. Mudavadi and W. Ruto are on the lips of their supporters in ODM.

    The PNU affiliate parties — Narc Kenya, Kanu, Ford Kenya, Safina and Democratic Party — have been caucusing in the week with a view to laying claim to the one slot awarded to their side in the power-sharing agreement signed by President Kibaki and Mr Odinga on Thursday last week.

    On Friday, a Kanu parliamentary group meeting at the Panafric Hotel resolved to lobby for Mr Kenyatta, the party’s chairman, to be appointed the deputy premier.

    “After ODM, PNU and ODM Kenya, we are the senior-most party in Parliament with 15 MPs,” Igembe South MP Mithuka Rinturi said.

    He argued that President Kibaki is a PNU member, ODM was set to land the seats of prime minister and deputy premier while Vice-President Kalonzo Musyoka is the ODM-K leader. “So Kanu deserves the deputy PM post,” the MP said.

    Across the road at Milimani Hotel, Ministers Kenyatta (Local Government), Karua (Justice and Constitutional Affairs), Amos Kimunya (Finance) and Murungi (Energy) were meeting over what was believed to be part of lobbying for the deputy PM’s post.

    Sources close to the leaders said the real battle may end up being between Mr Murungi and Ms Karua, on grounds that Mr Murungi represents the wider Meru region while the Constitutional Affairs minister represents women.

    Women representation

    Speaking separately, Dagoretti MP Beth Mugo said women were gunning for one of their own to be named the deputy premier. This, she argued, will be in line with the policy of one-third of women representation in leadership.

    “We are claiming the position of deputy prime minister. There are five top positions — the President, Vice President, Prime Minister and two deputy premiers – and one must go to a woman. This is the time to look the leaders in the eye so that they live up to their pledges,” she said.

    It is also understood that Narc Kenya held a meeting on Tuesday under the chairmanship of former vice-president Moody Awori during which the party MPs demanded the deputy PM’s post. They argued that they were short-changed in the naming of Cabinet positions despite being the biggest partner in PNU with 25 MPs.

    Over in ODM, the decision by Mr Ruto’s supporters to push the Eldoret North MP into the fray for the position has added a new twist to the arrangement in the party. As the presidential running mate, Sabatia MP Mudavadi was slated for the seat.

    Aware of the entry of Mr Ruto, ODM legislators from Western Province met on Monday at a hotel in Kileleshwa where they resolved that Mr Mudavadi was entitled to the seat given his rank in the party.

    Deputy captain

    Said Nambale MP Chris Okemo: “We agreed on a number of things, among them that Mr Mudavadi as the deputy captain must become the deputy PM. There is no compromise on that issue.” The MPs, it is understood, agreed on the number of ministerial seats, slots for permanent secretaries and other key positions in parastatals that they deserve.

    However, Rift Valley MPs who requested anonymity because of the sensitivity of the matter, said the scenario has since changed and Mr Ruto deserves the seat. They argued that Mr Odinga was enjoying the fruits of political leadership that was won by votes from the Rift Valley and it was only fair that one of their sons be given a top position. “This war was won by the Rift Valley and Mr Ruto has done all it takes to be a deputy prime minister,” said one of the MPs.

    They further argued that Western province has under its wraps a powerful seat in National Assembly Speaker Kenneth Marende. “It is only being fair to Rift Valley and the votes that Mr Ruto commands,” the MP added.

    Although it has been understood that Mr Odinga has assured Mr Mudavadi that he will respect the party hierarchy, sources said the matter is likely to be discussed by the ODM parliamentary group.

    A similar battle, albeit at a lower level, is being fought by MPs from PNU, ODM and ODM-K for the yet to be named expanded Cabinet. Although matters appear to be easier for President Kibaki since he already has 17 ministers, sources said he is now in a dilemma over who to drop and who to pick.

    At hand are the expectations of affiliate parties such as Safina and Ford Kenya, women MPs and the youthful politicians. Safina lawmakers held a meeting last Saturday where they declared that they must get a slot in the Cabinet with names of MPs Lenny Kivuti (Siakago) and Kabando wa Kabando (Mukurwe-ini) being mentioned.

    Ford-K are expecting their chairman, Mr Musikari Kombo, who was nominated to the House on a PNU ticket to be given a Cabinet slot in the new government. Said Kimilili MP David Eseli Simiyu: “Our party delivered many votes to the President in spite of the wave of ODM in Western province and it is only logical that our chairman gets a Cabinet seat. That is the least we expect.”

    Youthful politicians Mwangi Kiunjuri, Danson Mungatana, Metito ole Katoo, Aden Sugow and Cecily Mbarire are also expecting that one of them will get a full ministerial position. Their argument is that the half cabinet that was named by the President after the elections excluded them yet their contribution to the PNU vote was enormous.

    Agenda for youth

    Said Mr Katoo: “We are really expecting the youth to be represented in the expanded Cabinet. Since all the parties are harmonising their manifestos which had a clear agenda for the youth, we expect to be recognised.” The four MPs were assistant ministers in the previous government.

    Things are a little thicker in ODM as Mr Odinga prepares to forward names of his nominees to President Kibaki for appointment. MPs from eight regions have been holding caucuses to stake their claim on the seats.

    In the Rift Valley, those at the fore-front are MPs Ruto, Henry Kosgey (Tinderet), Sally Kosgei (Aldai) and Charles Keter (Belgut). While Mr Ruto deserves the seat for his role and status in the region, Mr Kosgey is a senior politician who is also the ODM chairman.

    Ms Kosgei, who is also a Nandi like Mr Kosgey, carries the hat of women and national stature to stake claim.

    Mr Keter, the only MP to successfully defend his seat in the larger Kericho, represents the bigger Kipsigis community. He embodies youth, political experience and professionalism that ODM stated in its rallying mantra of real change.

    On the fringes are veteran MPs Kipkalya Kones (Bomet) , Franklin Bett (Buret) and new comers Margaret Kamar (Eldoret East) and Lorna Laboso (Sotik). However, a delicate balancing act must be performed act among the sub-ethnic groups in the community. It is likely that the region will get five slots.

    But their Nyanza counterparts argue that Rift Valley province should not be given five slots because they are already represented in government. Ndhiwa MP Orwa Ojode said that it is Nyanza—in fact Luo Nyanza—that deserves at least six ministerial positions.

    Left out

    “Nyanza deserves about six seats in order to get fair representation in the new coalition government. For instance, if Rift Valley has to get five slots, they will add to those they have in Ministers John Munyes, Poghisio, Asman Kamama, Noah Wekesa and George Saitoti. Kisii has (Sam) Ongeri. It is only Luo Nyanza that was completely left out of Kibaki’s government,” he said.

    Those being lined up for ministerial positions are Mr Ojode, Anyang Nyong’o, Omingo Magara, Dalmas Otieno and Chris Obure.

    In the neighbouring Western Province, they have identified Mr Mudavadi, Mr Okemo—because of their seniority and past experience in politics— and Butere MP Wycliffe Oparanya for ministerial positions. Others who may be considered are Webuye’s Alfred Sambu and Funyula’s Paul Otuoma.

    From Coast Province, those who are likely to fly ministerial flags are Mvita MP Najib Balala—a member of the ODM Pentagon— and Mwatate’s Calist Mwatela. In Eastern, Narc chairperson Charity Ngilu is slated for a post as is Nominated MP Joseph Nyagah while Nairobi has on its list Mr Odinga and Westlands MP Fred Gumo.

    In North Eastern Province, former district commissioner Aden Duale who is now the Dujis MP stands high chances.

    Monday, March 3, 2008

    KENYA'S BUMPY ROAD TOWARDS REAL DEMOCRACY

    Countdown to 30 hours that destroyed democracy in Kenya followed by rather long bumpy road that seemed to last for ever. BETTER LATE THAN NEVER!

    Thursday December 27,2007:

    voting day- People are optimistic and this is apparent judging from the record voter turn out. People beginning to cue as early as 4am.

    Friday December 28,2007:

    Vote tallying begins, the mood is ecstatic and people are highly optimistic,most have made partying arrangements as early reports began to show that most of the old guards have been/or being voted out. This is good for Kenya, most people agree. Democracy being witnessed first hand in Africa-through Kenya. As most of the local and international observers i.e the western world hails the high voter turn out and the peaceful manner in which they have conducted themselves despite a few hitches.

    Saturday December 29, 2007

    1343: Results for 174 constituencies had been received and the gap suddenly narrows between Raila and Kibaki. Kibaki had been trailing on vote count up to this point.

    While sitting with Institute of Education in Democracy (IED)’s Executive Director, Koki Muli (observer), and journalist Kiss 100’s Paul Ilado (journalist) on the second floor of Kenyatta International Conference Centre (KICC), the ECK’s Chair, Samuel Kivuitu, receives results that put the gap between the Party of National Unity (PNU)’s Kibaki about 107,779 votes behind the Orange Democratic Movement (ODM)’s Raila Odinga—Kibaki has 3,697,768 and Odinga 3,805,547 votes, while ODM Kenya’s Kalonzo Musyoka has 498,361 votes.

    1500: Nail-biting wait

    Some ECK Commissioners express concerns to Muli about the long delays and remark that, since the gap between the two front-runners is narrowing, the ECK may have to await results from all the constituencies before announcing the final tally. This, it is feared, will heighten tensions and anxiety among political parties, their candidates and supporters. No one seems to understand why the delays were so long, especially as the ECK had been better prepared than in 2002, when such delays were not experienced.

    1600: Ballots scrutiny

    Kivuitu becomes more suspicious of discrepancies and begins to contemplate a re-examination of results. Most results are not available as they have only been telephoned in. Kivuitu yields to pressure from ODM and PNU to scrutinise the tallying of presidential ballots in all the 210 constituencies after party agents point out that votes being announced by the ECK’s tallying centre in KICC do not agree with those announced at the constituency tallying centres. He agrees to have two political party agents each for every presidential candidate and five domestic election observers verify the results. Kivuitu says he wants the findings in a report to be discussed by all ECK Commissioners the following morning.

    1800: The night shift begins

    The atmosphere inside the ECK is tense. The day teams leave without properly handing over to the night teams. Kipkemoi Kirui, deputy leader for Team II (night), notes that although results for Lamu East, Lamu West, Wundanyi and Dujis have come in, they do not have the statutory documents, Forms 16A, 16 and 17A, accompanying them. The day team leaders responsible have therefore not signed for them. Kirui also refuses to receive them without the necessary documents because there are doubts about the verity of the data. Word goes round that his team is not accepting results without the accompanying Form 16As. For most of the night, he and his team repeatedly call the returning officers for results together with statutory documents. Statutory documents for Ijara, Galole, Wundanyi and Dujis are not received even though the results are phoned in.

    1900: Setting up for verification

    The tallying centre at KICC is set up for ten teams, each sitting around a table to receive, verify and forward constituency results to the internet technology (IT) team to prepare for announcement. The teams are managed by a team leader and a deputy leader. Most of the teams consist of returning officers and ECK staff. Each team is working on about 21 constituencies shared according to ECK’s own plan so that, for example, Team I deals with Mombasa and Nairobi.

    In addition to tables for the ten teams, more are reserved for use by ECK Commissioners and senior staff as well as filing clerks, spread out strategically in the room to enable any of the above mentioned people to operate from a station. There are also waiting chairs reserved for returning officers, security staff and other people allowed inside the rooms.

    2000-2100: Initial hitches

    Observers are denied access to the tallying room at KICC. They get the ECK Chair and Secretary to intervene and are finally let in. ECK Deputy Secretary, Suleiman Chege, who receives them congenially, insists that they be accorded all the help they need. Observers are conducted on a tour of ECK’s offices enthusiastically.

    2237: Verification begins

    After arguments about how and where to begin the verification, work finally begins. James Orengo for ODM insists that results for all 210 constituencies be reviewed while Martha Karua for PNU wants scrutiny to be limited to Forms 16A of only contested constituencies, which she insists they have to identify and agree on since the discrepancies and problems associated with tallying are not only in constituencies that the ODM identified in the afternoon, mostly in Central and central Eastern Provinces, but were in Nyanza and the Rift Valley. Julius Melli, Association of Professional Societies in East Africa (APSEA) (observer) encounters a hostile reception at the verifying tables. Karua complains about there being too many observers, prompting a domestic observer to move from the table where agents of political parties are seated to another table where he is not noticeable.

    2247: Extent of the problem

    All results for the presidential election are in except for 14 constituencies.

    Observers immediately notice discrepancies in the results transmitted from the constituencies to the ECK’s headquarters at KICC. They also notice that a number of the statutory documents for the constituencies’ returns have serious anomalies:

    a) they are not signed by the returning officers;

    b) they are not countersigned by agents;

    c) in some cases, only photocopies of these forms are available even though the law requires that the originals be filed;

    d) although all these forms (Form 16A, 16 and 17A) require an ECK stamp to stamp to validate them, those that have a stamp are the exception rather than the rule;

    e) ECK Commissioners have thus announced constituency results without verifying their authenticity with the necessary statutory documentation. For example, provisional results were telephoned in and even though the ECK called back the returning officers to ensure the results indeed came from them, most returning officers phoned in different results from what they delivered in person to KICC. Yet the ECK Commissioners accepted and included these results in the final tally;

    f) Although the ECK Regulations (Parliamentary and Presidential Elections Act, Cap 7 of 2007) clearly states that the ECK shall not accept for results that showed voter turnout of 100 per cent and above, the ECK Commissioners allowed returning officers who had returns over 100 per cent to “correct them.” They subsequently accepted and included such results for tallying without any explanation, for example, Maragwa constituency had given results amounting to a 115 per cent voter turnout but the returning officer was allowed to reduce them to 85.24 per cent at KICC and these results were accepted for the final tally!

    g) It is unusual for ECK senior staff and Commissioners to accept results from constituencies without proper documentation and to allow returning officers to prepare the documentation at the ECK headquarters as they did at KICC. Most returning officers did not arrive with proper documentation yet were allowed to prepare their documents at KICC. This was the case for Kipipiri, Starehe, Kinangop, Garsen, Turkana Central and Turkana North and Kajiado North.

    Observer inquiries establish that agents were unable to sign Form 16A in areas of Central and Eastern provinces because they were not allowed to do so or they were sent out of the counting halls altogether. In some areas, the returning officers inform the observers that agents did not feel secure enough to stay through the counting. This apparently happened in the Meru districts, in Central, Nyanza and parts of the Rift Valley.

    The agents of PNU, ODM and ODM-K settle on 44 constituencies found to have filed results, already announced by ECK Commissioners, without any primary or original evidence for example, original signed, countersigned and stamped Forms 16A, 16 and 17A. These constituencies include the following: Gatundu South, Makadara, Likoni, Kaloleni, Galole, Lamu East, Wundanyi, Malindi, Voi, Ijara, Dujis, Igembe South, South Imenti, Nithi, Kitui West, Kitui South, Mwala, Kinangop, Ol Kalou, Mukurweini, Juja, Githunguri, Kiambaa, Lari, Eldoret East, Baringo East, Baringo Central, Laikipia West, Nakuru Town, Naivasha, Kuresoi, Rongai, Kimilili, Bumula, Alego, Bondo, Kisumu Rural, Kasipul-Kabondo, Ndhiwa, Migori, Kuria, Bomachoge, Bobasi, Nyaribaru Chache and Kitutu Masaba.

    Results for these constituencies were thus announced in contravention of the law.

    In addition, results for Dagoretti constituency were found to have been announced while vote tallying was still in progress.

    Documents for Kinangop, Kipipiri, Ol Kalou, Ndaragwa, Tetu, Kieni, Mathira, Othaya and Ndaragwa had no ECK stamp.

    Many constituency results were received and announced by Commissioners without the signatures of ECK officials and all party agents. Indeed, some of the documents conveying the results contained only the results without the presiding officers’ signature, ECK stamp or any agent’s signature. For example, there were no signatures and stamps in most Forms 16A, 16, and 17 A from Nithi, Kitui West, Kitui South, Mwala, Kinangop, Ol Kalou, Mukurweini, Gichugu, Lari, Mathioya, Eldoret East, Mosop, Aldai, Baringo East, Baringo Central, Laikipia West, Naivasha, Nakuru, Kuresoi, Kajiado North, and Kajiado South yet the Commissioners had already announced the results from these constituencies.

    Some constituencies had only a few statutory forms, but their total votes were still announced. These included Ndaragwa, which had 25 Forms 16A not signed by party agents.

    There were 34 Forms 16A not signed for Mathira. There was one Form 16A that had a double entry, and two returns for parliamentary results were entered in the presidential file. The total presidential tally of 16A returns was actually 77,442 votes after additions were verified by a Commissioner, ECK Deputy Secretary and observers against the 80,024 announced by the ECK.

    The ECK’s legal officer, Jemimah Keli, is notified of these discrepancies by Melli, but she takes away the file and hands it to the ECK’s head of research, […] Laichena, for storage. She says rechecking numbers would slow everyone down. The focus of the scrutiny, she adds, should be limited to whether or not there are Forms 16 and 16A, and not stretch to calculations or checking for consistency in the figures. She says that she and other ECK staff had not slept for many days and wished they could do voluntary work like the observers. She asks if Melli is being paid to observe the elections. When answers in the negative, she asks why he is paying so much attention to detail. She is taking notes but seems more preoccupied with justifying every concern raised than addressing it. There are questions about the accuracy of her record of the goings-on.

    16 Forms 16A for Othaya have not been signed by party agents.

    Results for the following constituencies were announced without some statutory documents including Forms 16A, 16 and 17A Makadara, Starehe, Likoni, Malindi, Galole, Wundanyi, Ijara, Lamu East, Voi, Dujis and Igembe South.

    Some results were also faxed as provisional tallies, as in Kirinyaga Central. In other cases, results were announced when there was no documentation to support the announcement, for example, Kimilili, Bumula Alego, Kitutu Masaba, Nyaribari Chache, Bomachoge and Kuria constituencies.

    In some cases, the returning officers’ files available at ECK’s tallying centre are in duplicate and ECK senior staff claim they cannot find the original files for scrutiny. Examples include Kieni, Ol Kalou and North Imenti. Indeed, most photocopies of Forms 16A were neither signed by the presiding officers nor by party agents, yet the results on such forms were included in the tally of results.

    In some cases there were disparities between the total votes cast for parliamentary and civic elections on one part and those cast for the presidential election on the other.

    2300: Results without documents

    Work slows to a near-stop until around midnight when a sleepy-looking fellow is ushered in. He is the returning officer from Moyale. He does not have Forms 16A, 16, 17 or 17A. He slips into a doze as Kirui consults. Hours later, Kivuitu announces the Moyale results—without any documentation.

    After Moyale, results for Saku and Laisamis follow. They are not supported by any of the statutory documents and Kirui refuses to receive them. His Team Leader goes ahead to receive them nonetheless. The ECK Chair announces the results. The figures are, in a number of instances, overstated. Kirui feels perturbed because there is no reason for the returning officers’ failure to bring in the statutory documents three days after the vote tallying at the constituency level.

    Disparities between provisional results phoned in earlier and those relayed to KICC were also noted for Kipipiri, Kieni, Maragua, Juja and Dagoretti constituencies

    2300: Slippery returning officers

    Observers Melli and Muli meet the returning officer for Starehe and ask about the constituency. He says the people who had been causing trouble wanted to disrupt the electoral process. They had wanted him to announce results that favoured their candidate and had been threatening him and pushing him forward but he says he had insisted on doing what the ECK had sent him to do.

    He says that he first called for police reinforcements and then announced the winner because they had recounted the vote twice. There had been an anomaly in one of the stations, he says, and when it was rectified, the winner was known. He does not, however, let observers examine the file for the constituency. Observers never got to examine the file.

    The Kipipiri results reported on the telephone give 36,470 votes to Kibaki against the 37,315 announced by the ECK. The final tally on file shows 37,279 votes.

    Sunday, December 30, 2007

    0100: Insider information

    One ECK senior staff member calls Muli outside the hall and asks her if she is aware that something terrible is happening. The ECK senior staff member points out that it is important for observers to scrutinise all returning officers’ returns especially of Mombasa, Central, Eastern, North Eastern, Rift Valley and Nyanza. The senior staff member also cautions her that the discrepancies have been planned systematically and are not accidental. She says the scheme involves most Commissioners, who have organised how the tallying will be carried out. There is also the concern that Commissioners were in charge of their regions—which had not been the practice in the past—and most of the Commissioners engaged returning officers who owed them loyalty, in some cases, replacing returning officers who had experience, having worked with the ECK in the past.

    0200: Missing returns

    The only constituencies without results are Kibwezi and Emuhaya. In the case of Kibwezi, the returning officer had reportedly been threatened with dire consequences by one of the candidates if he released the results. Although he was assured of transport by helicopter and additional paramilitary police escort, he still would not come in. Emuhaya was bogged down by logistical problems. The ECK Chair announced the results the following day.

    Electoral official quits

    Kirui’s colleagues tell him that results are being reduced or suppressed for certain constituencies. He raises the alarm. He takes his Team Leader, […] Njuguna, aside and starts saying: “My brother, this is an important national exercise. I am concerned that we are not following the law and we are letting down Kenyans …” Njuguna tells him he would be recommending Kirui’s removal because he was proving difficult. He goes ahead to report him to Daniel Koech, who asks Njuguna to cooperate with Kirui.

    Njuguna goes back to their work station. Kirui follows him and tells the team that he regards their work as an important national exercise that demands patriotism and neutrality. Kirui also demands respect and cooperation from Njuguna, who says that if he wishes to, he could leave. Kirui leaves the ECK offices for the last time.

    0400: Fatigue and irritation set in

    Melli says, “I started noticing general irritation and resistance from ECK officials. I asked for the Nithi constituency file, but the returning officer grabbed it and held it close to his chest. The same was the case for the Starehe constituency file. The returning officer for Nithi went outside and carried all his documents with him wherever he went.” ECK Commissioners who are asked to intervene defend their staff, saying they had not completed work on the files.

    0500: Invented figures show up

    Molo constituency returning officer provides results showing that Kibaki has 50,145 votes at completion of counting but ECK prepares to announce 75,261 votes for him and provides a computer print out of the increased results. ECK Commission staff deny observers the opportunity to verify information on file, saying the result had not been announced.

    Observers at the ECK tallying centre at KICC who take a break from the tallying room to freshen up are denied re-entry. Those who come in to relieve their colleagues on night duty are also barred from entering. Police presence is strong and the atmosphere tense.

    0930: Agents ordered out

    A message goes out on the public address system asking all agents to leave the premises. Observers are also ordered out and evicted.

    1000: ECK goes underground

    A media briefing scheduled for 1000 to announce presidential results is put off indefinitely.

    1100: Odinga press conference

    The ODM presidential candidate claims he has won the election according to results from his call centre.

    1300: Trial balloon

    Word goes round that the ECK could announce the results of the presidential election at any time.

    1421: ODM press conference

    ODM holds a press briefing at KICC and discloses rigging by the ECK in 48 constituencies after a joint parties and ECK audit of all the 210 constituencies. William Ruto discloses that all 48 constituencies lacked supporting documents and inflated Kibaki’s figures. The ECK does not provide any evidence to the contrary.

    1620: Protests on the floor

    The ECK Chair attempts to announce the final results of the presidential election. He, however, begun with announcing the results of Molo which were inflated, 75,261 instead of the 50,145 votes announced at the constituency tallying centre. Kivuitu is shouted down by ODM which insists that the contested results need to be resolved, including those of Molo, and also insist the delayed results from Eastern and Central provinces had been inflated. The ECK Commissioners leave the briefing centre under police escort.

    1642: Bombshell

    An ECK staff member, Kipkemoi Kirui, tells an ODM-convened press conference that the poll results and documents are being manipulated at the KICC, and that he and many other people had deserted their work stations in frustration.

    1700: Dogged determination

    A signal goes out to the diplomatic corps that the ECK is about to announce the results.

    1739: The Final announcement

    Paramilitary police clear KICC as the ECK Chair announces Kibaki winner of the presidential election in a sealed room. The news is relayed via the public Kenya Broadcasting Corporation (KBC) and picked up by other networks.

    1824: Swift swearing-in

    Kibaki is sworn in as President at State House in Nairobi as protests erupt all over Kenya.

    A live press conference by ODM is pulled off air as the Minister for Internal Security suspends live broadcasts.

    Thereafter the country explodes to its present state.....

    During the countdown to the General Election, there were ominous developments that pointed to the hard line stances that would be taken afterwards by both parties.

    First there were allegations that the Government was dispatching Administration Police Officers countrywide to rig elections in favour of Kibaki and PNU.

    Then there was the scary presence of heavily armed General Service Unit (GSU) personnel who cordoned off the Kenyatta Conference Centre (KICC) just before Kenyans voted. KICC was the vote tallying centre of the Electoral Commission of Kenya (ECK).

    The delay in the announcement of the presidential results and sudden unexplained surges of votes in favour of President Kibaki created further tension.

    Then followed the hasty and unfamiliar circumstances in which the presidential results were announced.

    This was crowned with a hasty swearing in of President Kibaki at State House, Nairobi. Countrywide violence, which had begun a day earlier, spread and worsened.

    This marked the beginning of shadow boxing between President Kibaki and Raila. Kibaki said he won the election fairly and advised his opponent to go to court. Raila insisted the victory was stolen from him and that President Kibaki should step down and pave way for a re-run.

    PNU playing the "strong-arm" card through use of brutal force to end violence. Then all "peaceful protests" by ODM and live broadcasts ere banned.

    The next card by the Government was to form a coalition with Mr Kalonzo Musyoka's ODM-Kenya and pooling in MPs from other smaller parties.

    This was designed to add PNU's numerical strength in Parliament, where it expected the next war to be fought.

    But with the rising death toll and destruction of property, PNU and ODM were alarmed.

    The international community also expressed concern at the Kenyan situation.

    No world leader, except Uganda's President Yoweri Museveni, congratulated President Kibaki.

    On January 1, 2008, British Prime Minister Mr Gordon Brown — in his New Year message — telephoned Raila and offered to intervene and end the chaos. The death toll had by then reached 300.

    Raila had decided he would not meet face to face with President Kibaki. He accepted Gordon's offer but with two conditions.

    "The first condition is that President Kibaki must first step aside and publicly own up to the fact that he was not elected President. The second condition is that the negotiation must be done by mediators because I'm not willing to talk to him directly," the ODM leader said.

    On January 2, several things happened.

    Europe offered to assists

    The US and the UK issued a joint statement, which quoted UK Foreign Secretary Mr David Milliband and his US counterpart Dr Condoleezza Rice pledging both diplomatic and political assistance to end the crisis.

    "The immediate priority is to combine cessation of violence by their followers. We call on all political leaders to engage in a spirit of compromise that puts the democratic interests of Kenya first," they said.

    The African Union (AU) announced that its delegation led by Ghana's President John Kufuor was expected in the country.

    A statement from AU headquarters in Addis Ababa, Ethiopia, said: "This visit is part of the AU efforts to assist in overcoming the post-electoral crisis facing Kenya."

    Milliband and Rice supported the peace initiatives of the AU, EU and the Commonwealth.

    Kibaki, in an attempt to resolve the issue internally, invites all MPs-elect from all political parties for a meeting at State House, Nairobi. The agenda of the meeting was unclear, so was its outcome.

    A PPS dispatch later said 85 MPs-elect met the President who urged them to focus on issues that affect the people once Parliament is opened. No ODM or ODM-Kenya MP turned up.

    Ignoring Kibaki's gestures, Raila on January 3 said his team had identified former United Nations Secretary General, Mr Kofi Annan, former South African Anglican Archbishop Desmond Tutu and Kufuor for mediation.

    Raila said he had talked to Brown, Rice and Libyan leader Muammar Gaddafi.

    "All these leaders want peace and we have identified Annan, Kufuor and Tutu to negotiate but the Government has refused," said Raila.

    Tutu had already arrived in the country at the invitation of the All Africa Conference of Churches to lead a delegation to mediate between the political adversaries to restore peace.

    Tutu, after meeting with President Kibaki at State House, Nairobi, on January 4, said the President was willing to form a coalition government if the Opposition ended the post-election violence.

    President Kibaki had also assured Tutu that once Parliament re-opens, the Government would reach out to find a solution.

    But Tutu wanted the process initiated even before Parliament re-opens.

    On January 5, Kibaki and Raila met separately with US Assistant Secretary for African Affairs Dr Jendayi Frazer.

    She noted that a solution to the crisis could not be found through "dishing out political seats" as President Kibaki had been suggesting. She said fundamental challenges that triggered the unrest had to be addressed.

    On January 5, President Kibaki invited Raila to a meeting at State House, Nairobi on January 12. It was intended "to restore peace and resolve political crisis".

    But Raila said he would only attend the meeting if it was part of the negotiation process that Kufuor was expected to spearhead.

    A frustrated President Kibaki then formed a coalition government with Mr Kalonzo Musyoka's ODM-Kenya on January 8.

    Kalonzo was named Vice President in the "half-cabinet" comprising 17 ministers. This was seen as bait for ODM MPs who were hungry for Cabinet posts to jump ship and cut down the size of Raila's party.

    Kufuor arrived on the same day to facilitate dialogue between the Government and the Opposition.

    On January 9, Kufuor managed to talk with President Kibaki at State House, Nairobi and later with ODM leaders at Hotel Intercontinental. But Kufuor's mission flopped when President Kibaki and Raila failed to meet face-to-face to kick-off the dialogue.

    The Ghanaian jetted out empty handed and passed the ball to Annan.

    Former Presidents Mr Kenneth Kaunda of Zambia, Sir Ketumile Masire of Botswana and Mr Joacquim Chissano of Mozambique also came on January 12 to help end post-election chaos.

    On January 18, Kibaki appointed a committee to spearhead national political dialogue — headed by Kalonzo.

    The committee was to represent the Government in negotiations led by Annan.

    It also comprised Internal Security minister Prof George Saitoti, Attorney General, Mr Amos Wako, Foreign Affairs minister, Mr Moses Wetangula and Justice and Constitutional Affairs minister, Ms Martha Karua. Others were Finance minister, Mr Amos Kimunya, Kanu chairman, Mr Uhuru Kenyatta, Transport minister, Mr Ali Mwakwere and Mbooni MP, Mr Mutula Kilonzo.

    ODM refused to work with the team. It accused Kalonzo of being a traitor.(judas iscariot).

    Panel of eminent persons:

    But Annan's arrival beamed a ray of hope. His team comprised Graca Machel, wife of former South African President Mr Nelson Mandela and former Tanzanian President Mr Benjamin Mkapa.

    ODM and PNU selected four leaders each to form the National Dialogue Team to sit with Annan and his team.

    PNU chose Karua, Education minister, Prof Sam Ongeri, and Kilonzo. Wetangula joined in later.

    ODM chose Pentagon members, Mr Musalia Mudavadi and Mr William Ruto and Aldai MP, Dr Sally Kosgei, while Ugenya MP, Mr James Orengo, joined later.

    The agenda of the Annan team was to ensure immediate stop to violence, restoration of fundamental rights and liberties and measures to be taken to address the unfolding humanitarian crisis and promotion of reconciliation and healing.

    On political crisis, the issues would include power sharing, constitutional review and reform of the Electoral Commission of Kenya.

    Annan's fourth agenda is the discussion of long-term issues and solutions.

    The ice was broken when on January 24 Annan managed to bring Raila and President Kibaki together for the first time since the announcement of disputed presidential election results on December 30.

    The two leaders shook hands at Harambee House, Nairobi, after a face-to-face meeting in the presence of Machel, Annan and Mkapa.

    Annan brought the two leaders together again on January 29 at County Hall, Nairobi.

    On February 1, the first signs emerged that progress was being made in the talks. The Government and ODM agreed to hold joint rallies to stop the escalating violence and restore basic human rights. This was after a 10-hour meeting of the team headed by Annan. They had agreed there should be freedom of assembly, expression and press, to help end political turmoil.

    On February 8, President Kibaki and Raila agreed to share power but PNU insisted the President should call the shots. ODM wanted an interim government based on party strength in Parliament.

    On February 12, Annan suggested that a grand coalition was the best way to tackle the dispute. He was speaking at a Speaker's Kamukunji at Old Parliament chambers.

    His comment was not received well by the Government side, and the talks hit rough waters again.

    Karua argued that no such agreement had been reached.

    The team then moved to Kilaguni Serena Lodge to hammer out a final deal, which Annan had expected would be reached between 48 and 72 hours.

    On February 15 he said: "I will not tire… I will be here as long as it takes to arrive at new Government. I will not be frustrated nor tire. I will pay the price of staying until we resolve the crisis". He was addressing an international press conference at the Serena Hotel in Nairobi after the retreat at Kilaguni.

    At crucial and sensitive moments in the talks, the US, UK and the EU issued ultimatums that did not go down well with the Government.

    On February 15, Bush said he was sending Rice to Kenya to deliver a message.

    "In terms of Condi's visit, the key is that the leaders hear from her first hand that the US desires to see that there be a power sharing agreement that will help this nation resolve its difficulties," Bush said.

    Rice arrived on February 18 and talked of governance structures for real power sharing.

    The talks however almost collapsed when on February 26 a member of PNU team engaged the panel in heated exchanges.

    The member made comments that stunned mediators and talks were suspended.

    Annan then decided to engage with President Kibaki and Raila.

    And as if in an orchestrated move, AU chairman and Tanzanian President, Mr Jakaya Kikwete, arrived on February 26. Two days later, Annan met Raila and President Kibaki to end a deadlock over the Prime Minister's post.

    Kibaki had wanted the Prime Minister and his two deputies to be appointed under current laws while waiting for a comprehensive review of the Constitution while Raila wanted a proper power sharing deal.

    POWER SHARING DEAL!

    Key points of the Power sharing:

    * There will be a Prime Minister of the Government of Kenya, with authority to coordinate and supervise the execution of the functions and affairs of the Government of Kenya.

    * The Prime Minister will be an elected member of the National Assembly and the parliamentary leader of the largest party in the National Assembly, or of a coalition, if the largest party does not command a majority.

    * Each member of the coalition shall nominate one person from the National Assembly to be appointed a Deputy Prime Minister.

    * The Cabinet will consist of the President, the Vice-President, the Prime Minister, the two Deputy Prime Ministers and the other Ministers. The removal of any Minister of the coalition will be subject to consultation and concurrence in writing by the leaders.

    * The Prime Minister and Deputy Prime Ministers can only be removed if the National Assembly passes a motion of no confidence with a majority vote.