IS IT ANY WONDER THAT MOI NOW OPPOSES CHAPTER ON EXECUTIVE?

Former President Daniel arap Moi said he was opposed to the proposal on the Executive in the draft constitution at a news briefing at his Kabarnet Gardens home

DAILY NATION
By JOHN NGIRACHU
December 2 2009

Former President Daniel arap Moi has opposed the draft constitution proposal on the Executive.

Mr Moi said the sharing of executive authority between the prime minister and president amounts to the creation of two centres of government, adding that this would make it difficult for the country to be run efficiently.

He said vesting executive power in a popularly elected president, combined with the establishment of sufficient checks and balances through Parliament, would be the best option for Kenya.

“There are checks and balances that can be in institutions such as the proposed upper house and other institutions,” said Mr Moi.

The former president enjoyed executive power during his 24 years at the helm, mainly due to amendments to the constitution that ended up creating what is now referred to as the imperial presidency.

The powers of the presidency are cited as one the reasons the seat is coveted, leading to divisive politics and the sort of clamour for the position that led to the violence that followed the 2007 General Election.

Mr Moi has also prepared a three-page memorandum he said would be presented to the Committee of Experts, who prepared the draft currently under debate.

He said 'certain parts’ of the proposed laws are good and others contentious and these should be dealt with by the time a final draft is produced and put to the vote at a referendum.

“Even if majority pass it and there is discontent in some places, who will finish that? There will be discontent if some people feel their needs have not been addressed,” said the former president.

Speaking to the press at his residence at Kabarnet Gardens near Kibera, Mr Moi also opposed the scrapping of the provincial administration and the creation of regional governments to replace them.

“Our status and level of development makes it necessary to oversee the implementation of government programmes and preservation of law and order,” said Mr Moi.

“If you replace the provincial administration with elected individuals , you will have politicised administration and there will no longer be fairness and impartiality,” he added.

Head of Civil Service Francis Muthaura and Internal Security PS Francis Kimemia have also said they would ask the Committee of Experts to change the parts of the law that seek to scrap the provincial administration.

Mr Moi said the proposed regional assemblies would be too expensive to run and it is doubtful whether the 'little governments’ will afford to run themselves and deliver services to Kenyans.

He said decentralisation of the nature proposed in the draft law 'will entrench ethnicity, inflame ethnic rivalries and undermine national cohesion.’
Devolution can be better managed through the existing local authorities and constituencies which require to be furnished with proper safeguards to enable them manage public affairs better,” he says in the document prepared for the experts.

COMMENTSA

Submitted by rofi
Posted December 03, 2009 09:40 AM

There is a very urgent need to make radical and fundamental changes in the civil service. With the use of IT, outsourcing and a complete restructuring of a very bureaucratic and hierarchical structure. The civil service can be cut down by more than 60% I am sure!

Submitted by maghreb
Posted December 02, 2009 08:35 PM

Kenyans really have short memories. Not long time ago , blood was shed in the clamour for new constitution.The main reason? the imperial president. I hear Bomas draft was written with Moi in mind.Today Kenyans argue with Kibaki and Raila in mind, objectivity lost.What a waste of resources for a country that permanently begs for food.

Submitted by iceark
Posted December 02, 2009 08:14 PM

Our former president just had an epiphany,I laud him though for stepping aside albeit belatedly

Submitted by mzee_moja
Posted December 02, 2009 08:13 PM

I fully support Moi on this. He is a political genious, I dont even need to read the draft constitution.

Submitted by KORYEMA
Posted December 02, 2009 08:13 PM

Let us get rid of interests of inidividual, tribal ,region or political party on this debate,let wisdom and sobriety guide us in giving constructive criticism on this draft,don't be swayed away by the rhetorics of politicians,pls contribute intelligently and honestly.

Submitted by mza
Posted December 02, 2009 08:01 PM

Moi is just one voice among many opposed to this draft. And all of them aren't old! Instability in an African country should be avoided at all cost. Countries like Uganda which decided to stick with both PM and President after independence lived to tell the tale.

Submitted by werssylwer
Posted December 02, 2009 07:58 PM

Like him or not, Moi is spot on with this one.

Submitted by KORYEMA
Posted December 02, 2009 07:53 PM

The draft doesn't kill the office of presidency,it only offers mild surgery to remove the lethal sections which has been abused by the holders to entrech dictatorship and corruption at the highest order.Think of illeterate chief who acts as president in the village,PC or DC who dished MAU to govt sycophants..NO .. we need sanity.

Submitted by jahazi
Posted December 02, 2009 07:42 PM

After messing our country for 24 years of pure misrule, i really dont want any prescription from mo1.

Submitted by krugutt
Posted December 02, 2009 07:39 PM

The provincial administration (PA) will be replaced with elected officials, to be supported with executive officers. This will devolve power rather than concentrate in the hands of a few tribal chiefs at the national level. The police force needs to be decentralized to counties and regions. Chief police officers to sit in the county’s and regional’s executive meetings. Police officer Kamau will be more effective fighting Mungiki in central than to try to fight cattle rustlers in Ijara where police officer Wario could be effective there. Government institutions to be decentralized to replace PA and thus no cause for alarm.

Submitted by InSidious
Posted December 02, 2009 07:35 PM

Ok. Clearly the old guard simply does not get it. It is not a matter of power or an issue of authority. It is functionality, productivity and exploited genius of a system that can serve the collective majority and not minority. Moi had his chance time and again. He blew it, and with it, traits of his incompetence linger, vis-a-vis, Mau Saga.

Submitted by KORYEMA
Posted December 02, 2009 07:31 PM

The proposed draft still gives president immense powers and those who talk about two centres of power are not sincere,pls read the executive chapters before u join the bandwagon of extremist conservatives who do not even want achange of a coma or fullstop

Submitted by KORYEMA
Posted December 02, 2009 07:04 PM

If all powers to be vested on president,then they shud include section which requires him to have majority mps in parliament so his bills can be passed,or do we want acase where mps will be bribed to cross over and support illegalities like it was attempted in the case of Ringera.

Submitted by mutuwa123
Posted December 02, 2009 07:02 PM

Moi, how does it feel to comment on national issues that would previously have warranted a one way ticket to Nyayo dungeons? Isn't freedom good? That you can hold a press conference and critic a government? I hope you will write an honest book and include how many opportunities you failed in. How in 24 years you could have taken us from the hell kenyatta created, but you chose instead to outdo him. Do you ever think about Mandela? Do you know he doesn't need to build monuments? Or write books to distort history?

Submitted by Amakobe
Posted December 02, 2009 06:52 PM

The Gospel According to Moi. Kenyans have no idea what is good for them and need to be told and guided by a powerful president (Queen) and the provincial(Colonial) administration helped by Adminstration (African) police. NEWS FLASH: In 2009 Kenyans know what is good for them, give us a break!

Submitted by samnews
Posted December 02, 2009 05:30 PM

Leave this mzee alone, he inherited a corrupt government and perfected its corruption. We better find the way to go ahead by ourselves. He is always lecturing us on politics as if we have forgotten the pains we are going through because of about 20 years wasted in cheap politics.

Submitted by lukongodo
Posted December 02, 2009 05:20 PM

wouldn't it have been nice if he had done this when he was in power?!

Submitted by otienoz
Posted December 02, 2009 05:11 PM

Did CoE draft see danger having the country's disciplined forces being answerable to different centres of power? Don't you forsee the imminent danger when the police and intelligence is answerable to a PM and the military to the president? What if the PM starves the military (which the president controls) funds after a fall out? Will this not be recipe for chaos and military coups? Put the scenario in the context of the period Kibaki and Raila were engaging in power struggles? Wouldn’t warring president and PM be unleashing their own security forces when a Kibaki-Raila-like feud emerges?

Submitted by ohioWITpassion
Posted December 02, 2009 05:03 PM

On this one, I totally agree with Moi.We just need to vest some powers from presidency to the two houses that will be created. If already the government is unable to provide resources to mwananchi, I dont see how it will do once more powers are created. We really need to check the model for USA, to me it would work really well for Kenya.

Submitted by sam7
Posted December 02, 2009 05:03 PM

I'm with Moi here. We do not need 2 centers of power and particularly we do not need executive power vested in someone who is not directly elected by the Kenyan people. Either a PM or a President elected by the people but not both. Do we really think that our MP's will be the best to elect the country's CEO? As for the provincial admin, I do not think that we need to elect regional reps because as Moi said, this would be a recipe for Tribalism and ethnicity.

Submitted by dreamofabetterkenya
Posted December 02, 2009 04:53 PM

I agree with Moi. what makes people think that shared power is all we need. In shared power two evils are part of the options available. 1)both can agree to fleece the countruy and share the loote or 2)they can disagree and fight all the time. both of these would bad and poor governance, why not simply go for proper checks and balances

Submitted by vgogero
Posted December 02, 2009 04:52 PM

Well we learn from History that we learn nothing from history. Let us debate the harmonized draft in the spirit of the MOU and the National accord and have real power sharing .

Submitted by bensonmbithi
Posted December 02, 2009 04:45 PM

i am afraid if all us give our opinions as it is happening what method will the committee of experts to use to decide which way to go? ben

Submitted by kiariejn
Posted December 02, 2009 03:54 PM

I have not exhaustively read the draft constitution but from Mr Mois extracts, i suppose he want the status -quo, which means "No Change" because according to Mr Moi, things are OK the way they are! What a wise change manager!

Submitted by Samur
Posted December 02, 2009 03:16 PM

My region has nobody working as a PC or DC .Only the chiefs come from there.What is the need of provincial administration if the government believes my area can only produce chiefs who can only serve that region.We are always brought people from other regions while our people are never taken to those regions.We need to scrap the provincial makeshift once and for all.

Submitted by wanjohij
Posted December 02, 2009 03:15 PM

The former president has a right to give his views, We cannot keep on telling him as if that will help kenya, Lets move on now, I agree with moi, two centres of power is not a gud idea, lets have a powerful presidency but checked by independent institutions like parliament, judiciary, eck, kacc, etc On provincial administration- having erected leaders will only strengthen tribalism coz now you can have any PC, DC, DO etc heading any particular place regardless of his/her tribe

Submitted by kariukiwagithongo
Posted December 02, 2009 03:09 PM

well mr moi is correct on this. let us elect the CEO direct. once popularly elected them the CEO can go ahead and do other appointments as required with checks and balances in a fairly elected and equal representation parliament (unlike now).when we start voting for PCs and DCs...we get more messed up.

Submitted by lucifer
Posted December 02, 2009 03:07 PM

we do not need the former executive to spill out whatever now. He did nothing while millions were being siphoned from our economy which makes him culpable. In fact he is least we need now. Power has to be shared, it does not need genious to see that. We have a chance to build Kenya from zero, we do not need a president with all the powers, Kenya is bigger than us all. It is either fixed now or else, next wave will be dividing the country and we part ways, think about it.

Submitted by esikumo
Posted December 02, 2009 02:59 PM

Who is listening to Moi. Why do Kenyans forget so fast? This guy should never be allowed to talk even if its the right thing he is saying. Why didnt he give us "that nice constitution he is talking about. May you be judged unkindly(by both God and History) for the problems Kenyans are facing today.

Submitted by vgogero
Posted December 02, 2009 02:50 PM

Yes the harmonized draft is not written in stoneBut as Annan put the major source of conflict in Africa is the winnertakes it all or imperial presidency What we really need is real power sharing let the President chair cabinet and the PM the house business committee and be leader of Govenment business in the house.

Submitted by silwal
Posted December 02, 2009 02:32 PM

While I agree with Moi on the provincial administration structures such as retaintion of DCs and PCs, I strongly feel that the proporsal to share executive power is the only way out for a stable Kenya. We've had the ALL powerful presidency and it lead to abuse of office leading to other tribes opposed to the tribe of the president causing tribal clashes. With an all powerful president, Kenya will continuously experience such chaos witnessed after the 2007 elections.

Submitted by Athaka
Posted December 02, 2009 02:28 PM

Those asking Moi to be silent are simply rejecting him, without considering his observation. In fact the draft enforce the regions Moi unfairly created, Are we uncomfortable with the kind of devolved governments proposed??

Submitted by tadfita
Posted December 02, 2009 02:26 PM

Well whether Moi needs to be quiet or not the question here.Yes he messed this country.Yet his contribution is important since he has more experience in running the country than all of us.What he is saying on the executive and provincial administration is fine.Let us stop attacking personalities and instead dwell on the issues.

Submitted by Menjeru
Posted December 02, 2009 02:22 PM

While we need to trim govt and reduce bureaucracy and expenditure, this draft is increasing the size of govt, can they also tell us what it will cost us? We need only one head we can hold accountable and he/she should get our mandate, not sneak up on us thru the back door.

Submitted by tedison
Posted December 02, 2009 02:08 PM

Moi needs to keep quiet! He ruined our country, presided over the plunder and now he knows all about leadership? The very fact there was one centre of power is what allowed him to wreck everything, not withstanding checks and balances existed even then!

Submitted by PFoster
Posted December 02, 2009 02:04 PM

Moi has a right to contribute as a kenyan whether he messed or not! I think he has a good point. Many outside kenya think that there is total instability in Kenya yet the economy seems to be growing,a govt run between two executives would potray unnecesary instability where there is a strugle between the two since our politics always overshadow economic issues. We should go presidential with strong checks!

Submitted by Samur
Posted December 02, 2009 01:29 PM

We should have a clause which requires people to be held accountable for their deeds when they were in power.What we are seeing in Mau,ECK,Police was created by Moi government.He should be careful when lecturing Kenyans the system of government they need.Provincial adminstrators have always been used to safeguard those in power and reward their tribesmen.Who wants one tribe to be incharge of provincial administration as it is today.

Submitted by Treaty
Posted December 02, 2009 01:20 PM

Yes, the draft seems a photocopy from nowhere just inserted to give a complete outlook. the marriage bills also says equal partners with no family head or contribution to marriage by partners.How are you equal while dowry is still sought in Kenya and women still dependent as shown on Gender bill elsewhere?

Submitted by kamatcha2
Posted December 02, 2009 01:11 PM

After Moi messed our country now he is giving the correct advises .President Moi should have today be in the courts to account for his economical crimes he did for our country.

Submitted by mpisha
Posted December 02, 2009 01:07 PM

I support Moi's opinions also,two centres of power create the disharmony of making decisions.I support appointments which are vetted by parliment like USA or South Africa. But provincial govts is the only way to make some process faster and spur growth in certain regions!

Submitted by Athaka
Posted December 02, 2009

MOI has reasons to say this. Those trying their level best to muzzle any criticism to the draft should read it and explain why they want Kenyan to constitutionalize injustice, unfair representation, and tribalism

Submitted by otienoz
Posted December 02, 2009 12:51 PM

I share Moi’s stand and concerns. Kenya should have one CEO, pure presidential and system. The CEO’s power should be drastically watered down and checked by strong judiciary and parliament. All appointments must be endorsed by Parliament to curb tribalism and nepotism. Two centres of power will put Kenya permanently on tension due to power struggle between president and PM, driving away investors and tourists. Two centres of power will spell doom for the future survival of Kenya. Raila and his like-minded shud should seek our mandate if they want to rule but not grab power through back door.