Wednesday, January 2, 2013

Secret document jolted Jubilee unity


By Andrew Teyie - Investigations Editor
NAIROBI, KENYA: The secret document at the centre of row between Jubilee Alliance leaders and United Democratic Forum presidential aspirant Musalia Mudavadi can now be made public.
This is the document to which Jubilee’s presidential candidate Uhuru Kenyatta, his running mate William Ruto and Mudavadi appended their signatures confirming that Uhuru had stepped down as a presidential contender in favour of Mr Mudavadi.
Neither Uhuru nor Mudavadi have disputed the fact that at one point Kenyatta had given up his presidential ambition. The legitimacy of this document is reflected by the fact that it was witnessed by a renowned lawyer. 
However, it also emerges that after the document was printed, but before it was signed, another hand-written clause was inserted, giving Uhuru a 45 per cent share of government positions in the event of a Mudavadi presidency, while Ruto would take 35 per cent and Mudavadi 20 per cent.
It appears the consideration was that since Mudavadi would be the president, this would be adequate compensation for him.
Mudavadi says he left Jubilee after Uhuru reneged on this agreement and accused him of betrayal and deception.
The document indicates that Mudavadi joined Jubilee on the evening of December 4. However, he later clashed with Uhuru when leader of The National Alliance, which forms part of the Jubilee Alliance, rescinded his decision, saying the contest for the presidential ticket would be determined by the Jubilee National Delegates Conference.
Those who signed as witnesses were lawyer Desterion Oyatsi and Ruto, the leader of the United Republican Party, which is also part of the Jubilee Alliance. UDF Secretary General Dan Ameyo also signed the agreement. 
Power-sharing deal
The document stated “that Uhuru Muigai Kenyatta shall stand down as the Presidential candidate of the coalition. That Wycliffe Musalia Mudavadi shall be the coalition’s Presidential candidate.”
The deal was to be made public on December 28 to give Uhuru time to consult TNA members. “These details shall be announced within 14 days from the date hereof,” stated the agreement.
The document had a proviso that stated that the power-sharing arrangement was subject to Mudavadi being the Jubilee coalition presidential candidate. “That clauses 1 and 2 above are subject to agreement on sharing of government as defined in the coalition agreement in the following proportion 45:35:20 for TNA, URP and UDF,” states the document.
On Monday, The Standard published an Addendum (supplementary document) titled “Coalition Agreement for National Healing and Reconciliation, Inclusiveness and Prosperity” which made references to the original agreement.
TNA, URP and UDF officials met the Registrar of Political Parties on the same Monday to deliberate on the issue, but the three political parties failed to reach an agreement and instead resolved to meet again tomorrow.
The TNA, URP and UDF addendum signed by the three parties on December 4 and lodged with the Registrar of Political Parties the same day overrides the agreement signed by TNA and URP at the Jevanjee Gardens a day earlier, giving Uhuru the presidential ticket with Ruto as his running mate. The deadline for coalition making was December 4.
The document also provides avenues for leaders in the union to severe ties.
“In case of inconsistency between the Initial Agreement and this Addendum, the contents of this Addendum shall prevail”.
Dispute resolution team
The implication is that unless UDF applies to leave the union through mutual consent or “fundamental breach, or feels frustrated” after its grievances have been tabled and heard by Jubilee’s dispute resolution team, the coalition still stands.
Uhuru and Ruto have said they parted ways with Mudavadi’s UDF through mutual consent and went ahead to nominate Uhuru as the coalition’s candidate. According to sources within registrar’s office, the dispute is still being heard and the returns are yet to be filed.
The union ran into trouble less than a fortnight ago after Uhuru disowned the document he signed ceding his position as the coalition’s flag bearer to Mudavadi.
On December 4, Uhuru, Ruto, Republican Council’s Najib Balala and Cabinet minister Ali Chirau Mwakwere visited Musalia’s Riverside home to initiate the talks that resulted in signing of the deal and the addendum. Ruto was to remain as Mudavadi’s running mate in that deal.
Later, 40 TNA members held a press conference stating that they would only accept Uhuru as their presidential candidate and no one else.
Uhuru later claimed he was coerced into signing the agreement by powerful forces in government.
The document in our possession states that the coalition can only be dissolved through mutual consent or after an irreconcilable breach filed and heard by Jubilee’s dispute resolution team comprising members of the three parties and coalition partners.
The document amends clause 8 of the TNA/URP deal on how to resolve disputes in Jubilee. It goes ahead to set up a dispute resolution team comprising five individuals — one each from TNA, URP and UDF. Two other members were to be picked from other coalition partner parties.
According to the document, the dispute team would deliberate and ask the offending partner to rectify the breach. However, it gives other options for coalition partners to part ways.
Fundamental breach
“Where the Dispute Resolution Council finds that there has been fundamental breach and or frustration of this Agreement then the Council shall either direct that the Coalition Partner in breach rectify the breach within such time as may be stipulated or it may determine that the agreement is irreparably frustrated, in which case the aggrieved Party shall be at liberty to withdraw from the Coalition upon service of a three (3) months written notice”, states clause 10(ii).
The amended clause in the Addendum further states: “Upon expiry of the notice period the aggrieved coalition Partner shall be at liberty to withdraw from the Coalition by informing the other Parties of the same in writing.”
-Additional reporting and Vitalis Kimutai






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