As the country approached the
2002 general election, the clamour for constitutional review had reached fever
pitch. President Daniel Moi was doing his last term in office and wanted as much peace as possible to exit with grace.
The cooperation with Raila Odinga and eventual
dissolution of the NDP had to a large extent neutered the opposition.
The civil
society thus jumped into the void and took over the leadership of the process
under the chairmanship of Oki Ooko Ombaka. This hijack and isolation of Parliament
and other relevant government institutions did not go down well with Moi. It
was to Raila’s networks in the civil society that he turned to streamline the
process.
The now ODM leader was now
serving in Cabinet as Energy minister and would soon after be made the
secretary-general of the ruling party Kanu. The party had rebranded after
merging with NDP but the process became messy. Old guards led by Vice-President
George Saitoti and the vocal secretary-general Joseph Kamotho were thrown under
the bus.
Moi made the mistake of unilaterally anointing Uhuru Kenyatta as his
successor. Almost half of the Cabinet resigned and joined the opposition. But
the events of Kasarani created so much tension in the country that no
meaningful constitutional review could be handled.
Raila had managed to bring
in Prof Yash Pal Ghai to work together with the Ufungamano group under one
commission. Perhaps this event best demonstrated Raila’s special skills in
statecraft.
The opposition under Mwai Kibaki
promised to make the constitutional review top priority. They romped home in
victory and embarked on the work immediately. The Ghai commission was granted
funds to commence work at the Bomas of Kenya. Delegates were identified and
nominated from all social spheres of the country.
The new government was
already suffering from internal cracks. Two distinct factions emerged and the
Bomas process provided them with a field to play each other.
In an ironic twist of fate, the
breakaway team from Kanu, led by Raila, proved to be progressive than their
opposition counterparts now in government led by Martha Karua. Tragedy struck
when Dr Crispin Mbai was assassinated. He chaired the crucial devolution tent.
The question of devolution was the platform on which the ideological
differences in the Cabinet played out.
The Karua group rooted for decentralisation
but cheekily called it devolution. The Raila team pushed for more power to be taken
to lower and semi-autonomous governments established at the regions.
With the
tragic demise of Mbai, the conference lacked a steady hand and necessary
academic and expert skills to guide the discussions. When the work was finished
albeit not fully, Ghai handed over the draft for a referendum. However, the
Karua group reconvened in Kilifi and came up with final draft.
They argued that
the Bomas draft was too expensive for the government to implement because it
had many loopholes that required to be cleaned.
It is the referendum on the
Kilifi draft that gave birth to ODM party. From within the government Raila’s
team came together with the opposition under Uhuru to campaign against the
draft laws. Samuel Kivuitu who was managing the referendum as chairperson of
the defunct Electoral Commission of Kenya gave the two camps each a fruit to
identify with. For those supporting he gave them the banana as their symbol.
But for the opposers he gave them an orange as their symbol. When the chips
were down, the government side lost the referendum by an overwhelming majority.
And thus at steps of the iconic KICC, Raila in the company of the opposition
and the Kanu brigade in Cabinet made the announcement “hata hii chungwa itakuwa
chama”. Kibaki dissolved and
reconstituted his Cabinet but the orange team had seen a rare political
opportunity not to be missed.
They declared that the MoU between LDP and NAK
was dead and would now chart their own path from the betrayal lessons learnt.
The Orange Democratic Movement was formed as a political vehicle to challenge
Kibaki in the election scheduled in two years.
The celebrations were short-lived.
The party faced immediate headwinds as every legal hurdle was placed in its
path to deny it registration as a political party. ODM therefore operated as a
movement until early 2007 when Mugambi Imanyara was persuaded to change the
leadership.
Apparently, as Raila and company were busy celebrating, Imanyara
with connivance of state apparatchiks stealthy registered the movement as a
political party. Then Kalonzo Musyoka, because of self-insecurity, introduced
another spanner in the works. With the assistance of Daniel Maanzo he
registered ODM-Kenya.
Uhuru Kenyatta also bolted out of
the opposition coalition to battle for the leadership of Kanu with Nicholas
Biwott. Kanu members from the Rift Valley largely led by William Ruto remained in
the movement in spite of the challenges. Uhuru retained the chairmanship of
Kanu against the onslaught from Biwott.
But he realised that the party had lost
its bastion of Moi’s support base. He thus decided not stand in the 2007
presidential elections. He threw his support behind Kibaki but the ODM
continued to expand and got political foothold in key regions as the Coast and
Western in addition to the Nyanza and Rift Valley. The ensuing election was
fiercely fought, results disputed and got the country into post-election
violence.
The ODM of 2007 went into
election as the most vibrant political party since the Kanu of 1963. After
Imanyara agreed to the new leadership structure, a lot of intellectual energy
went into work. Among ranking officials were the ideologue Prof Peter Nyong’o
(now Kisumu governor) and the renowned economist Dalmas Anyango.
Together with the civil
service team from the Nyayo regime, and academics led by Prof Larry Gumbe, they
established groups that developed position papers for every development agenda
that the party planned. These position papers would later form the basis of the
party’s manifesto. Raila’s launch of his presidential bid at the KICC remains
the most organised with clarity in messaging and pragmatism in the development
pillars.
ODM had declared that its ideology was social
democracy. It was therefore easy to avoid the pitfalls of policy contradictions
that bedevil political parties today.
The party enjoyed goodwill from across
the country and this made its campaigns easy to manage. The main campaign teams
were supported by formations of women and youth volunteers including yours
truly, who was serving then as the founding chair the youth league.
When the Grand Coalition
government came into being, ODM demonstrated that it had prepared much better
than PNU to run government. Using the vast pool of intelligentsia in its ranks,
the party made many development initiatives through policy formulation.
Many
public institutions and government agencies were reformed as guided by the
party. Electoral justice was identified as a major challenge and IEBC was
established. The education sector saw the exponential growth in university and
tertiary education through the establishment of new institutions.
NHIF worked and health
institutions improved on their service delivery tremendously. The country
witnessed unprecedented growth in infrastructural development. The economy grew
and Kenyans were enjoying life. In its ranks the party had the highest number
of youthful leaders serving in the Cabinet and other government agencies. But
the most significant and greatest contribution is the 2010 Constitution.
In
fulfilment of the Bomas spirit, it has entrenched devolution as a system of governance.
Devolution has made investment in local development much easier and predictable
than when it was led by the central government. Raila is considered the father
of devolution and thus makes ODM the party that has transformed the country.
However, doubts are lingering whether the party still has the silver shine and
mettle of yore?
The party has been challenged to improve on its internal
processes to make decision making democratic without much success. This is a
major weakness that some pundits have blamed on the successive loss at the
presidential elections that the party suffered.
Does it still command the
respect and loyal support it enjoyed at its launch? The jury is out. As it
celebrates its 20th anniversary, it has serious issues to ponder
about.