How Kibaki, Raila make peace after crisis

As President Kibaki and Prime Minister Raila Odinga prepared for their first face to face meeting since the latest coalition crisis broke out last week, a Saturday Nation investigation went behind the scenes to reveal the inside story of how this and past stalemates have been resolved.

It was Mr Odinga who on Friday let it out that the current disagreement over nominations for a new Chief Justice, Attorney General, Director of Public Prosecutions and Controller of Budget would be resolved.

He said he hoped for a meeting soon with the President to address the matter. Mr Odinga spoke as it emerged that a morning meeting for the House committee on Justice and Legal Affairs to discuss way out of the stalemate was postponed to allow for fresh consultations.

The names of Civil Service head Francis Muthaura and that of the PS in the PM’s office, Dr Mohammed Isahakia, featured prominently among those who would eventually lead the two men to break the stalemate.

“These people have a very special relationship. They ventilate through Mr Muthaura and Dr Isahakia when their relationship is at the low ebb,” said a source familiar with the workings of the President and PM.

The relationship between the pair and the Principals is said to have been founded on the secret meeting at the Sagana State Lodge in Nyeri where the principals named the Coalition Cabinet in 2008.

So secret were the details of the retreat that the location was only revealed to the PM on the morning as he was driven to the airport for a helicopter ride to the State Lodge.

“Only Muthaura knew of the location, and he waited until the morning of the trip before passing the details to Mohammed Isahakia, the permanent secretary in the office of the prime minister, who then relayed the details to the clueless Raila,” said the source, who spoke on condition of anonymity to discuss the continuing stalemate.

The episode was a clear pointer on who was the official carrier of State House secrets of the Kibaki presidency, and the Prime Minister’s most trusted lieutenant in the bureaucracy that is public service.

Another scenario of import played again exactly a year later in April 2009 at Kilaguni Lodge, when the coalition was split over power sharing.

The ministers on both camps had been in agreement of the agenda of the meeting as they went to bed, only for them to harden the stance in the morning.

Hardline stances

“The only person who could communicate to both camps was Muthaura – of course after placing a call to Isahakia,” said our source.

And as the coalition continues on the course of its intermittent troubles, the office of the head of civil service has remained the link between the two bedmates in the government. This is especially so when the partners result into hardline stances.

At this time, reveals a source, the two partners do not even call each other. Each chooses to communicate his stand through the head of civil service.

At times, Mr Kofi Annan, the former UN secretary-General who midwife the coalition government, intervenes with a call urging the Principals to show leadership as statesmen.

“This often breaks the ice and triggers and a meeting is scheduled at the Office of the President, Harambee House. In attendance are usually President Kibaki and Prime Minister Raila Odinga with their two aides,” said the source.

Other sources who could not be named as they are not allowed to speak to the media said when at war, the principals have known how to make peace.

This is borne of, largely, the relationship they have developed over time especially in 2002 when Raila campaigned for Kibaki to take over the presidency.

“We meet regularly. Usually, we agree on the agenda we are going to discuss before we meet. That means we do not have to spend a lot of time,” the Prime Minister told Parliament on Tuesday.

Cabinet ministers interviewed said the two are actually fond of each other, hardly having acrimonious conversations although they occasionally disagree on principle.

Their relationship goes back to the early 1960s. Mr Odinga’s father, Jaramogi, was among the Kanu leaders who lured Mr Kibaki from Makerere University to become the party’s executive officer.

“He likes him as a person and he sees no reason why they cannot have constructive talk about any issue. Indeed, that is what the Prime Minister told Mr Kofi Annan when he called on Monday to urge them to talk over the issue,” says Mr Salim Lone, a close friend of the Prime Minister.

Mr Lone discloses that the PM actually feels that any serious disagreement is best handled that way but with adequate preparation of course.

Mr Annan sent a statement later the same day urging them to uphold the Constitution. “I urge the Principals to make every effort to solve the current impasse, and give this important beginning of true judicial reform, a solid foundation,” he said.

Mr Lone says the problem in most of the decisions they arrive at arises during implementation usually different from the agreement.

“The two know that the earlier they get to talk the better. It happens in many different ways although major breakthroughs have come when they are completely alone,” said Mr Lone, adding:

“One of the few times there were some difficulties in the two talking was when the Prime Minister was in Addis Ababa. Otherwise, there have been no difficulties in the two calling each other for a meeting.”

Energy minister Kiraitu Murungi said the Principals had an admirable way of navigating political disagreements, but noted the process would be smoother if the Coalition Management Committee was activated to manage some of the issues.

“But as long it is left to die, Kenya shall be governed by crisis through an inch by inch struggle,” he says. Mr Murungi said the principals also use parliament to resolve dispute -- like the appointment of Leader of Government Business.

“In the current crisis, even if the names were admissible in Parliament as the Speaker ruled, we still will debate whether the right process was followed during nomination. Parliament is not simply a rubber stamp,” Mr Murungi says.

According to him, it is also in Parliament where public participation is allowed especially at the committee stage where interested parties are allowed to make petitions.

Lands Minister James Orengo said emissaries from within and outside Kenya always goad the Principals to act like statesmen.

Compromise, he said, was also one of the pillars of the solid relation between the leaders. He cited the row over the Leader of Government Business where the Prime Minister dropped his stake on the position.

“In some instances like when the issue of appointments could not be resolved and the Coalition Management Team could not even meet, and ODM decided to boycott Cabinet, government literally stopped working,” he added.

The minister said many disputes had been resolved b y the leaders exercising caution and patience, even in the face of provocation.

“In my opinion, however, if somebody keeps digging into your party with an aim of wanting to benefit from a crisis within the party, then the spirit of trust and faith is lost,” said Mr Orengo, adding that things had not boiled over becomes the leaders had confidence in each other.

Immigration minister Otieno Kajwang’ said the leaders have never shut the door on dialogue, even when their supporters are spoiling for war.

“Many a times their lieutenants talk at cross purposes and that is expected to continue even in the current case but when nothing in government gets moving, it dawns on them that they have a duty to run Kenya. They meet and iron out their differences,” says Mr Kajwang’.

Arbitrate crises

Government spokesman Alfred Mutua says previously it took one Principal placing a call to the other for a meeting and none of them has ever turned down such a call. He describes their meetings as cordial.

“It is totally different from what plays out in the public. These two gentlemen interact with almost zero animosity,” he says.

Dr Mutua asserts that the two have a better way of resolving any differences than the Coalition Management Committee that was formed to arbitrate crises in the Coalition.

According him, the committee members have different agenda from that of the two principals. The Saturday Nation has also established that some disputes are resolved at Cabinet level.

For instance, when there was standoff on the issue of ICC, the Cabinet Subcommittee on the issue was convened and a resolution reached.
Instructively, when the relationship in the coalition is sunny, no one says he communicated to the other through Muthaura.

At this time even Muthaura does not know what the principals are discussing in a particular meeting. He is only informed when a decision has already been taken.

On such occasions, even rosy media dispatches are sent straight from the PPS and the PMPS. But this continues only up to the date of the next dreadlock, when Muthaura and Isahakia take over.

This, as our insider observes, is one of the main reasons why Muthaura is no longer the target of politicians as was the case in the 2003-2007 period.

There is an unspoken agreement that when things get tough, someone can always say that he communicated to the other through Muthaura and get away with it.

Additional reporting by Lucas Barasa and Njeri Rugene