Rift in coalition: Raila calls ODM crisis talks

The Orange Democratic Movement top leadership meets in Nairobi on Monday to assess its position in the Grand Coalition Government amid complaints that the party was being sidelined in crucial national decisions.

The meeting on “mistreatment” of the party by its coalition partner, the Party of National Unity (PNU), has been called by Prime Minister Raila Odinga and will be attended by the Pentagon and key leaders to discuss the way forward on the National Accord that brought together the two parties to end last year’s post-election violence.

Coalition split

The consultative session in Mr Odinga’s Treasury office highlights the first open signs of a split in the Grand Coalition Government that is three months away from marking its first anniversary.

Sources close to Mr Odinga on Sunday said ODM was increasingly getting concerned with the way government decisions were being taken without consulting the Prime Minister.

This, the source said, was contrary to the spirit of the National Accord, which requires the President to run the Government in consultation with the PM.

To underline the growing strain in relations between the President and the PM, ODM has summoned its Parliamentary Group-cum-National Executive Committee meeting on Wednesday to discuss the new developments, among them trust in the Grand Coalition.

On Sunday, a party MP close to the PM said: “We are part of this Government but decisions are being made as if we don’t exist. We are now prepared for anything.”

The ODM top level meeting comes in the wake of Mr Odinga’s deep concerns over the constitution of a transition team at the Electoral Commission of Kenya by Head of Civil Service Francis Muthaura, the decision by the President to sign into law the controversial Kenya Communications (Amendment) Act, and the composition of the list of ambassadors.

The PM has been categorical that ODM was neither consulted nor involved in the naming of the transitional team at ECK. On Sunday, Mr Odinga directed that all commission offices will remain closed until consultations between coalition partners have been held.

“One coalition partner cannot preside over the transition at the ECK. That is why I have issued instructions that all ECK offices will remain closed until consultations over a transition team have been held and one named,” he said.

Last week, Mr Odinga wrote to Mr Muthaura explaining that the Constitution of Kenya (Amendment) Act had paved the way for sacking of all ECK members and, therefore, none of them had any business being in office handling Government property.

“We were neither consulted nor involved. Mr Muthaura has no powers to make such decisions that involve several ministries. This is basically a decision of the Prime Minister,” he said.

Questions on the move by Mr Muthaura to name a 38-member transition team have been raised even by PNU members of the Cabinet committee on the implementation of the Kriegler report on the 2007 elections on grounds that after the dissolution of the ECK, its staff ceased to exist.

Disputed elections

Deputy PM Musalia Mudavadi said that some ECK employees who were named to the team played a key role in the disputed elections.

“The idea was that after the law was passed, all of them had to go home and await redeployment. Any transition team must be a consultative effort of the two partners,” he argued.

Lands minister James Orengo accused Mr Muthaura of failing to respect the President and the PM, who are supposed to be consulted on all Government matters.

“Mr Muthaura needs to observe that the two principals of the coalition Government are above him in terms of protocol, and their consent must be sought,” he said and warned that ODM will not recognise any resolution taken without consultation.

ODM is also questioning the decision by President Kibaki to sign the Kenya Communications (Amendment) Bill (now an Act), which strips the media of its independence despite requests by Mr Odinga that the President should not sign it.

The PM has opposed the Act which he describes as “a bad legislation and ill-advised” that is likely to take away the democratic gains that have been achieved by the Government.

“I see no emergency at all and I don’t know why the Government is acting as if it is under a threat by the media. This is a bad legislation that cancels all the democratic gains we have made and it has to be reviewed,” he said.

Mr Odinga views the President’s action as a slap in the face after he had publicly assured Kenyans that the Head of State would not sign the Bill.

On Sunday, it emerged that the party was questioning why the Government had refused to appoint its members to diplomatic missions seven months after it presented names of its preferred candidates in the spirit of sharing power.

An MP close to the PM said ODM’s election victory was “stolen” by its PNU partners, which was now “running the Government” in disregard of the power-sharing agreement.

He said although the National Accord stipulated that the composition of the Grand Coalition Government would at all times take into account the principle of portfolio balance, this was not the case.

Among the issues that will top the agenda for the PG-cum-NEC meeting is a censure motion to discuss the conduct of Mr Muthaura, whom ODM has consistently said was undermining the PM.

Working formula

During the “brainstorming session” the ODM’s top leaders will also take stock of the unfolding events, the working relations within the coalition, its weaknesses and the implications of the anti-media Act to their party.

Cabinet minister Noah Wekesa, a PNU member, said that President Kibaki and Mr Odinga had struck a working relationship which may not be affected by the latest developments.

“I thought Kibaki and Raila had found a working formula. They may not agree on everything such as the Media Bill but it doesn’t override the serious matters they have agreed on, like the Waki report,” he said when contacted on phone.

Dr Wekesa said that the public should not always expect coalition partners to pull on one side on issues that affect the country. “Cohabitation is not always smooth; occasionally you may differ,”

The Wildlife and Forestry minister attributed the differences to lack of communication between coalition partners and urged the two parties to embrace the flow of information to avoid what befell Narc in 2003.