Ref: http://www.eastandard.net/news/?id=1143983530&cid=4
Published on March 19, 2008, 12:00 am
By Peter Opiyo
President Kibaki and Prime Minister-designate, Mr Raila Odinga, were again united in calls to chart a new beginning for the country.
They exuded optimism for a new Kenya as MPs debated the two power-sharing Bills in Parliament, on Tuesday.
The two talked of the need for a new constitution to solve the problems that have bedevilled the country for long.
Supporting debate on the Constitution of Kenya (Amendment) Bill, the leaders recalled the post-election crisis that shook the country and urged members to support reconciliation.
Kibaki said: "We are going to succeed because we are genuinely looking for a solution. We will achieve it, I have no doubt. God loves this country."
They asked members to shun tribalism because it was backward and could not develop the country.
The President said leaders had wasted time trying to give the country a new constitution, but the current situation gave them a unique chance.
"Let us find a solution and let us write it in the Constitution and then follow that with the new constitution. I am saying so because we have tried for almost ten years. The brains were there, but they could not get their minds working towards one goal. It was terrible, absolutely terrible," he said.
Raila said: "The two Bills should be the start of a journey that will give the country a new beginning. Let us not continue living in the past but use the past to guide us, not for revenge because the Bible says leave revenge to God."
Kibaki recalled the unprecedented crisis that left more than 1,000 people killed and displaced more than 300,000.
"Kenya is a country of God. Indeed, if you saw it (Kenya) a few months ago, I thought of it and said I don’t think God wants Kenya to degenerate to this. And I said we need to find a way of working together," he said.
Raila recalled that the country was watching the two on February 28.
"We knew we had an important responsibility to discharge. We were told the cameras were outside waiting for us and we knew we were like the Catholic Cardinals locked inside and the entire world wanting to see white smoke from the chimney, to symbolise the election of a pope," he said.
Raila urged MPs to put the interests of the country first, saying all human beings are mortal. "We want to bequeath a better country to our children. What we have done here should not be an end in itself, but a means to an end," he said.
New constitution
Infusing humour in his contribution, Kibaki said the MPs should deliver a new constitution in the shortest time possible.
"Let us spend the time available. We indeed need to give it to (Ugenya MP James) Orengo alone, he would write it," he said, eliciting laughter across the Chambers.
Raila called for comprehensive land reforms and the need to shun tribalism.
"We need to tackle ethnicity because a country that is ethnicised is a country that is at war with itself," he said.
At the same time, Justice minister, Ms Martha Karua, initiated debate on the two crucial Bills and rallied members to pass them without amendment because they were a result of a "negotiated agreement".
Karua opened debate on the Constitution of Kenya (Amendment) Bill, which seeks to entrench the positions of prime minister and two deputies in the Constitution, saying enactment was crucial to the formation of a coalition Government according to the peace accord signed on February 28.
The minister reminded members that the amendment to the Constitution would also clear the path for the passage of the National Accord and Reconciliation Bill, which was lined up for discussion and would legalise the power-sharing agreement.
"The Bills arise from a negotiated agreement. It is for members to embrace and pass them as they are without amendments," the minister said.
Karua responded to concerns raised by lawyers that the manner in which the constitutional amendments were being effected defied jurisprudence, saying the process was being done under "special circumstances".
"I do believe the law is made to serve man and not the other way round," Karua said and added: "The law is an ass and an idiot. We got to flog it so as to make it work for us. We are not slaves to the law. The law is dynamic. It has to move with time."
The minister explained the path was chosen to hasten enactment of the peace deal President Kibaki and ODM leader, Mr Raila Odinga, signed serving as a contract to pull Kenya back from the brink of more violence.
Karua rallied members to support the Bill, noting that it was a "temporary amendment pending full constitutional review within 12 months".
"The Bill is made in special circumstances and tomorrow can’t be used as a precedent. To those who feel it is not the best way, yes. Perhaps, it is not the desirable legal path, but it is of absolute political necessity.
"I want to urge members, specifically lawyers, that even though it (Bill) defies the legal jurisprudence, does any of us have the right to deny Kenyans an opportunity to return to normalcy?" She asked to more applause.
Karua told members that while the State machinery could be used to coerce people to toe the line, it could not be applied to win their hearts and unwavering support.
Making hard choices
"You can conquer civil unrest through the sheer might of State power, but you can’t use it to wipe out people’s bitterness. You can only negotiate to win people’s hearts.
"It is time to make hard choices for the sake of our country. Our principals, Kibaki and Raila, have shown us the way," she added.
Karua confessed that Government ‘hardliners’ were bewildered when the President named half of the Cabinet during the election standoff and put pressure on him to name the full Cabinet.
"Some of us could not understand why he had unveiled a partial Cabinet and we kept pushing the President to complete the Cabinet," she said, drawing laughter.
"I now can see that he foresaw the need to reconcile the country by leaving room to accommodate all shades of opinion. He foresaw the need to reunite the country."
The minister showered praise on the African Union for spearheading the mediation talks during the crisis "without issuing threats".
She, however, thanked the Western countries "with reservations" for lording it over the country. "A nation is sovereign, however poor or small. Friends talk as friends, but not with a slave-master relationship," she quipped.
"The peace agreement will create an environment conducive for partnership and to build mutual trust and confidence," Karua said.
"It is meant to promote greater interest and will initiate the reform agenda to address the root cause of the problem."
Vice-President, Mr Kalonzo Musyoka, rallied members to pass the Bills with speed, saying time was of essence.
The VP told members that coalition Government MPs had met and agreed that "all of us speak in one voice because time was of essence".
"This is a historic moment. It is time for our country to stand tall again," said Kalonzo.
He echoed Karua’s sentiments that it was not the time to throw legal hurdles, but an occasion to restore hope to the violence-scarred country.
"Jurisprudence aside, this is one amendment that the country cannot do without at this time. We should do a quick job to amend the Constitution today and perhaps move on to the accord Bill," he said.
Responding to the Motion, Karua told members: "Let us moderate our language so that we do not rub each other the wrong way."
She also took issue with Kisumu Rural MP, Prof Anyang’ Nyongo’s reference to a "stolen election."
"A stolen election is word that will excite passion. I don’t think we want to go there. We want to move forward," Karua said.
"I urge that we all put our foot forward to ensure Kenyans enjoy the fruits of their country," Karua said.
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