Samuel N. Omwenga, Esq.

Silver Spring, United States

VIA EMAIL

H.E. Hon. Emilio Mwai Kibaki, C.G.H., M.P.

President of the Republic of Kenya
State House
Nairobi, Kenya
Re: Implementation of the New Constitution

Dear President Kibaki:

I have previously written to you regarding what at that time appeared to be a looming
crisis involving the International Criminal Court (ICC)’s pursuit of six suspects its Chief
Prosecutor, Luis Moreno Ocampo, found in his investigation to be the most responsible for the
post-election violence (PEV) that befell our country in early 2008. Fortunately, the then looming
crisis appears to have dissipated and I must thank you in behalf of all Kenyans for having at least
diffused the issue with your continued cooperation with ICC.

Like most Kenyans, however, it is our wish and prayer that ICC does not rise up again as
a volatile issue but instead let the process go on to an acceptable conclusion of one way or the
other, when it does or otherwise let there be as a resolution of PEV with finality much in the
same manner and spirit which underscored the ending of the violence in the first place with your
agreement with Rt. Hon. Prime Minister Raila to form a coalition government.

That being the case, Your Excellency, you will agree the coalition government has not
worked or delivered as envisioned prior to its formation. Indeed, the question is not whether or
not the coalition government has worked or delivered as envisioned before its formation, clearly
it has not; rather, the question is why it has not done so.

Your Excellency, a number of reasons can be cited why the coalition government has not
optimized its potential for the benefit of our country but almost all of them evolve around the
question of politics and specifically, succession politics.

Your Excellency, if I may, it was once suggested by one Charles Mugane Njonjo, then
Attorney General, that it was a criminal offence to discuss the succession of a president while he
was in office. Although the context and circumstances in which Mr. Njonjo drew his dagger is
different from the current succession politics as you well know since you were in the Cabinet at
that time, the current obsession with your succession by some politicians is in the final analysis
equally counterproductive, polemic and potentially explosive to our country’s detriment.
 Your Excellency, while it is okay and normal for politicians to position themselves in
whatever manner they deem necessary for their political welfare and survival upon your
retirement, it cannot be their sole obsession at the expense of the country which needs them to do
what they have been elected to do, including passing laws to make sure the new Constitution is
implemented promptly and on schedule.

For this reason, Your Excellency, I in behalf of all Kenyans urge you to whip to action
Members of Parliament allied to you and your party so that they stop stalling implementation of
the Constitution which clearly a number of them are bent on doing.

I would make the same appeal to the Rt. Honorable Prime Minister Raila but it does not
appear any of the Members of Parliament allied to him or his party have shown any desire to stall
implementation of the Constitution.

A good way, Your Excellency, to do this, namely, to ensure that the Constitution is
implemented according to schedule and without delay, is to immediately direct your Vice
President, Kalonzo Musyoka, to stop his antics in Parliament, including his efforts to have a duly
elected Chairman of a key committee on implementation ousted by politically motivated but
illegal and unconstitutional means.

Most Kenyans believe, Your Excellency, that your Vice President campaigned during the
day in support of the draft constitution during the referendum but was opposed to it at night and
thus the coining of the term “Watermelon” to refer to those who like him were openly and
publicly in support of passage of the draft but quietly and privately rooting for its failure.

Your Excellency, while it was okay for Kenyans with good intentions to oppose passage
of the new Constitution for one reason or another, and others not being too excited with its
passage, it is wrong and unacceptable for any of them to now use Parliamentary tactics to stall or
defeat implementation of the Constitution.

Neither this writer nor any Kenyan he knows believe Your Excellency could stand for
that kind of an affront on Kenyans, namely, impeding implementation of the Constitution which
was overwhelmingly approved by a jubilant nation leading to all the fanfare of promulgation on
August 27, 2010, a date firmly set in the history books as one of our best if not the best.

You have made wise and even politically difficult decisions for the sake of the country
before, including most recently your decision to withdraw the nominees to the constitutional
offices which paved way to the ongoing appointment process.

Your wisdom and leadership, Your Excellency, is once again called upon to stop those
plotting to frustrate or impede implementation of the constitution from carrying forth their plans
at the expense of the nation.

These are incidentally the same people who are also doubly engaged in succession
politics that are of no use or benefit to the country as a whole.
 Regarding succession politics, Your Excellency, one can assume that you have an interest
in who succeeds you as president upon your retirement. This is, indeed, a natural thing to do that
is as normal as breathing for anyone in your position therefore nobody is making any issue of
what desires Your Excellency might have, if any, respecting this issue.

However, what this writer and all Kenyans ask is that whatever your desire or preference
is with respect to succession, Your Excellency, you must above all put country first and make
sure we have a peaceful and orderly transition of the presidency preceded by a period of
campaigning and elections that is equally peaceful and orderly.

This, namely, putting the country first in the succession politics and peaceful and orderly
transition of the presidency would be the single most important gift you will give the country
besides the new Constitution that you and the Rt. Honorable Prime Minister Raila so tirelessly
and commendably worked together to ensure its passage and your otherwise significant
contributions to the country as a Cabinet Minister, Vice President and now President.

This is our prayer and may God give you the wisdom and tenacity to deliver it for us.

Sincerely,

/s

Samuel N. Omwenga, Esq.