Commentary (by Abdulahi Ahmednassir ) - Little optimism over power-sharing deal

Ref:http://www.eastandard.net/news/?id=1143982995&cid=190


Published on March 9, 2008, 12:00 am

By Abdulahi Ahmednassir

The power-sharing arrangement between President Kibaki and Mr Raila Odinga is a harbinger of a new dawn. The deal comes with all the attendant promises and peril. Through a litany of legislative enactments, a Government expected to be politically and ethnically inclusive will shortly be inaugurated.

This arrangement, despite all its imperfections or promises, is the price Kenyans have to pay for the peace politicians give or take during their political wars.

We are now enthusiastically celebrating the peace agreement and see hope, peace and stability on the horizon.

But the dangers inherent in the process and nature of coalition governments in Africa do not give us much optimism.

The weak governance institutions in the country will not help the situation either.

Coalition governments in the context of African politics bring a sweeping degree of opaqueness and grand corruption.

Politicians know they have been brought together for a common purpose, for a specific period.

The unwritten rule is to make the best of the opportunity. They also know that when the coalition ends, they will re-engage one another across the political divide.

The coalition period is a time to replenish their respective coffers.

The corruption assault these politicians will unleash against public coffers once in government will make past incidences of grand corruption a pale shadow.

The compositions of the parties, the prevalent ‘’eating" culture in Kenya and the track record of pivotal politicians on both sides all point to one direction.

This coalition government will herald the most kleptocratic administration in the country’s political history. In about two weeks, Mwai Kibaki and Raila Odinga will be proudly escorted to the Cabinet table by seasoned wolfs in glittering silky garments.

The coalition will proclaim one hell of a grand eating party in which the country will literally be devoured to the very bones.

For the first time since multi-party democracy was reintroduced in 1992, Parliament will be without an official opposition party.

The watchdog committees of Parliament, like public accounts and the public investment, that provide checks against Executive excesses will either not be constituted, or will be headed by puppet MPs whose parties are in the collation government.

Keeping Government on its toes

The committees will then be reduced to a rubber stamp of the executive. If Parliament becomes a one party affair, who will keep the Government on its toes?

There are two institutions that theoretically should ensure the coalition Government runs an effective, clean and transparent administration. These are the offices of the Attorney-General and the Kenya Anti-Corruption Commission.

Unfortunately, both are utterly compromised by ineptness or a cosy and symbiotic relationship with the Executive.

Mr Amos Wako, as our Attorney-General, historically has rarely looked at the statute books to apply it against individuals who break it.

The few times Wako gives the law books a cursory glance is when he is forced to provide a defence, or when he heads a team to draft emergency legislations that address a temporal political crisis.

The Kenyan Anti Corruption Commission under Justice Aaron Ringera fares no better. Wako and Ringera seem to work in tandem to frustrate the country’s efforts to fight graft.

Two years ago, Justice Ringera submitted to Wako a list of who-is-who in the Anglo Leasing fiasco for prosecution.

Wako immediately returned the file and ordered certain aspects of the matter be reinvestigated and the file resubmitted within 30 days. Ringera also saw a statutory amendment of his employment contract by the Government.

Late last year, the two gentlemen changed the law for the benefit of Ringera. We all know Ringera has a five-year contract, as director of the commission, that will probably end in 2009.

The amendment introduced by Wako extends Ringera’s contract beyond his five years contractual term. What informed this move?

It is sad that an important legislation was changed just to ensure Ringera remains in office beyond his five years. When we fiddle with the laws regulating important institutions in public service to suit the personal interest of the holder, and in a very shady manner, then one sadly notices how deeply the country is bogged. Who will watch over the Executive during this challenging time?

-The writer (ahmednasir@ahmedabdi.com) is a lawyer and former Law Society of Kenya chairman.