Referendum: Why Kibaki criticizes Moi

Nothing fascinates Kenyans today more than the Moi-Kibaki fight on the Proposed Constitution. The two have off and on been political associates and antagonists at different times in their long lives. But when they fight they are so careful not to spill the beans concerning the many skeletons they both hide in their cupboards. On constitutional issues they have fought many wars both as friends and foes.

The first Kibaki-Moi confrontation on a major constitutional issue was in 1963 when the two took opposite stands as they belonged to the then most powerful political parties that bitterly opposed one another on the kind of constitution independent Kenya needed. Whereas Mwai Kibaki belonged to the Kenya African National Union, which stood for a unitary system of Government, Daniel Toroitich arap Moi belonged to the Kenya African Democratic Union, which stood for a federal type of Government known as the majimbo system.

When the final constitutional conference took place at Britain’s Lancaster House in 1963, Moi belonged to the camp led by Ronald Ngala backed by Masinde Muliro and Justus ole Tipis which was strongly supported by the Colonial Government whereas Mwai Kibaki belonged to the camp that was led by Jomo Kenyatta, Tom Mboya, James Gichuru and Jaramogi Oginga Odinga. At the end of the Lancaster House conference Kibaki’s team lost to the Moi team when the majimbo constitution was adapted as the supreme law in Kenya’s internal self government with Jomo Kenyatta as its first Prime Minister.

In the first Government formed by Kanu under the leadership of Jomo Kenyatta in 1963 neither Moi nor Kibaki sat in the first cabinet. In that Kanu Government Kenyatta was the Prime Minister, Oginga Odinga was the Minister for Home Affairs, Tom Mboya was the Minister for Justice and Constitutional Affairs , James Gichuru was the Minister for Finance and Economic Planning , Joseph Murumbi was the Minister of State in the Prime Minister’s Office in charge of foreign affairs, Mbiyu Koinange was the Minister of State for Pan African Affairs, Dr. Njoroge Mungai was the Minister for Health and Housing, James Otiende was the Minister for Education, Bruce McKenzie was the only white face in the first Kenyatta Government and was the Minister for Agriculture , Samuel Ayodo was the Minister for Local Government, Dr. Julius Kiano was the Minister for Commerce and Industry, Dawson Mwanyumba was the Minister for Works , Communications and Power, Eluid Mwendwa was the Minister for Labour and Social Services, Laurence Sagini was the Minister for Natural Resources , Achieng Onkeno was the Minister for Information , Broadcasting and Tourism and Jackson Angaine was the Minister for Lands and Settlement.

Though that was a very powerful Kanu team in the Government, Kenyatta and his Kanu party were not satisfied. Power was not really in the hands of the old man. With majimbo fully operational power was scattered all over the country because the constitution said so. Kenyatta’s first duty was to fight a quiet war applying the stick and carrot tactic to influence Kadu to join his Government in order to concentrate all the powers in his hands. But that could not be done without constitutional changes.

That is when Kibaki and Moi joined hands in one of the first constitutional conspiracies in this country that betrayed the people of Kenya by concentrating all the powers in the hands of Jomo Kenyatta who was beginning to build the foundation stone for making himself a despot. This was done through the Constitution of Kenya (Amendment) Act Number 28 of 1964 which brought Moi and his other colleagues in Kenyatta’s first republican government after the dissolution of Kadu as the Opposition party – a move that is today seen by many as the first step towards the creation of despotism in Kenya.

The second time when Kibaki and Moi joined hands in another constitutional conspiracy against the people of Kenya was when they jointly, together with their two parties Kanu and Kadu, passed another Constitution of Kenya (Amendment) Act Number 38 of 1964 which denied regions powers to raise their own funds, making them totally dependant on the central Government in yet another move that made Kenyatta a powerful despot. This was the amendment that also gave the President powers to appoint judges without consulting anyone.

In yet another effort to make the President of Kenya really powerful Moi and Kibaki joined hands yet again to pass the Constitution of Kenya (Amendment) Act number 16 of 1966 which demanded Members of Parliament to lose their seats if they were jailed for more than six months. This made MPs so timid and scared of the President who was becoming too powerful and could make any one of them lose his or her after going to jail for petty offenses. That same amendment to the Constitution made MPs lose their seats if they missed eight consecutive sittings in Parliament.

When it was obvious that Jomo Kenyatta was becoming an uncontrollable dictator the Vice President Jaramogi Oginga Odinga resigned from Government on April 14, 1966. He also resigned from Kanu with a strong team of 28 Members of Parliament after forming what was threatening to be a very popular party known as the Kenya People’s Union (KPU). To fight Jaramogi, Kibaki and Moi joined Tom Mboya and Kenyatta in yet another constitutional conspiracy through the Constitution of Kenya (Amendment) Act Number 17 of 1966 which required MPs to seek new mandate from the people through by election when they resign from the political party that got them elected to Parliament.

This is what led Jaramogi and his team seek new mandate through what was then called the Little General Election. When President Kibaki and Daniel arap Moi engage in public war of words on constitutional issues they both know that in 1966 they betrayed the people of Kenya when they joined hands with other Kenyatta sycophants to pass yet another Constitutional (Amendment) Act Number 18 of 1966 which made the President have powers to detain anyone without any trial. These are the skeletons the two leaders are careful not to expose in their cupboards as they publicly exchange bitter words.

Kibaki and Moi joined hands yet again in another constitutional conspiracy in 1966 when they passed the Constitution of Kenya (Amendment) Number 40 of 1966 which abolished the Senate which the Proposed Constitution is rightfully trying to reestablish. The two leaders betrayed Kenyans yet again in another Constitutional Amendment Number 2 of 1968 which prohibited politicians from seeking election as independent candidates. Today Kibaki is repentant and wants the people of Kenya to enjoy the freedom to seek election without any political party as it is in the Proposed Constitution, but Moi is not and wants the despotic tendencies of denying wananchi that right to continue.

Kibaki and Moi joined hands in yet another constitutional conspiracy when they passed the Constitution of Kenya (Amendment) Act Number 45 of 1968 which demanded presidential candidates to be nominated by a political party. In yet another constitutional conspiracy Kibaki and Moi joined hands and passed the Constitution of Kenya (Amendment) Act Number 5 of 1969 which required all members of the Electoral Commission of Kenya to be appointed by the President. This amendment is what gave Kibaki powers to appoint Samuel Kivuitu whose terrible mess in mishandling the 2007 election is still fresh in people’s minds.

In constitutional matters Kibaki and Moi have been very close friends. When it was clear that Mzee Kenyatta was getting too old a team of Gema leaders tried to change the constitution to make sure Moi, who was then the Vice President, did not take over. That political plot was called Change-the-Constitution-scheme. Mwai Kibaki was one of the most outspoken politicians against the scheme. When Daniel arap Moi took over the leadership of Kenya he rewarded Kibaki’s loyalty by appointing him the country's Vice President.

When Moi became the country’s number one boss his joint constitutional conspiracy with Kibaki against the people of Kenya did not stop. Mwai Kibaki joined him in changing the Constitution yet again to make Moi even more despotic than Kenyatta. That was through the Constitution of Kenya (Amendment) Act Number 7 of 1982 which made Kanu the only legal political party in the country. At that time Kibaki and Moi made the entire country sing songs in praise of the so-called ruling party as mama na baba of all Kenyans.

To be fair to President Kibaki he has done quite an about turn act since he took over the leadership of the country and tried to give Kenyans a truly democratic Constitution. But that was not before he tried to copy the dictatorship exemplified by Daniel arap Moi. In the 2007 elections Kibaki did what Moi had done many times in stealing the election. Moi’s worst record was in 1988 when he deprived the people of Kenya the right to elect their parliamentarians democratically. That is when he introduced the notorious mlolongo electoral system .

By giving the people of Kenya the opportunity to approve the Proposed Constitution, Kibaki knows Kenyans will forgive him for the constitutional sins he committed with Daniel arap Moi against the people of this country. When Daniel Toroitich arap Moi goes round the country condemning the Proposed Constitution he must be seriously irritating Mwai Kibaki and reminding him of things he would rather were swept under the carpet. He therefore has very good reasons to criticize Moi.