On 23^{rd and 24th of January this year a meeting of civil society leaders took place in Nanyuki ostensibly to discuss the implications of the transition on civil society in Kenya. The objectives of this meeting were mainly to analyse the new political dispensation and its implications for civil society; and to tease out strategic positions for civil society in order to effectively engage with the new political dispensation. Certain sections of the participation at this meeting were of the view that the change we have experienced so far is only superficial, that some leaders are still patronising and that there is some complacency and confusion within civil society; other sections}

though felt that the government has captured civil society initiatives and that that there is a tendency towards anarchism and irresponsibility within the public.

There was also the view that as civil society is not homogenous, there may be further polarisation and this should be guarded against. What perhaps should disturb serious actors in this sector is the view that with NARC civil society's scope for engagement has increased and its possibilities to influence are greater as the government is more receptive and the conclusion that civil society needs to change of tactics to enable dialogue with the government on the basis of evidence, facts and concrete policy proposals. Those who hold this view observed that civil society now needs to develop indicators for the monitoring and evaluation of the government's performance. It is here that the road begins to narrow.

The euphoria surrounding the entry of NARC to power undeniably has been both a source of hope and disappointment. The greatest distortion we can make is to portray the new government as a beast of burden, and proceed to load onto it unintended baggage and/or to misconstrue both the quality and quantity of the load; and this is what sections of the civil society continue to do. But to any right thinking Kenyan, the exaggerated prognosis of the new government cannot be found on any map: NARC promised continuous sunshine so that people started talking of another country, or a place where no one lives anymore. Sadly even those least expected to do so went into the sea with all their landman’s prejudices as shown by the views that emerged from the Nanyuki parley.

But what are the issues here? What truly is happening in the civil society? Is it true that the heterogeneity of civil society makes the articulation of common/core interests now more difficult than it did before? Does civil society truly need to change their approach with respect to engagement with the state? These are difficult questions indeed but a close scrutiny of the sector reveals worrying trends. Certain sections of the civil society were long co-opted by the state not as a result of increased engagement with it but through a conscious decision to collapse the civic sector into a purely political expression. These sections see the new regime as the best guarantor of their narrow objective interests following the election of several elements that were a part of their membership.

I am talking here about a cabal of what has come to be known as Mt. Kenya sympathisers who are keen to co-opt and control the civil society.

This group is mainly led by actors from what is called the Kenya Human Rights Network. It is instructive for example to note that following the NARC victory the group’s first task was to ensure the then Chief Justice Bernard Chunga was dismissed from his job. And so a meeting took place between the Justice Minister and representatives of Kituo Cha Sheria, Kenya Human Rights Commission, CLARION and People Against Torture to come up with the best strategy to get Chunga out of the way. Kibe Mungai of PAT actually drafted Chunga’s suspension letter. That though is now history but several elements in this cabal were appointed to the tribunal that was set to probe Chunga.

Again following fears from the Mt. Kenya group in NARC that the draft constitution devolves a lot of power from the President this right wing group in the civil society again met at Hotel Palacina to design strategies for taking over the constitution review process in another of their hatchet jobs for the Mt. Kenya mafia. It is at this meeting that they reached a decision to support Muite for the Parliamentary committee chairmanship against Raila as members of the NAK segment of NARC. The overall agenda of this unholy alliance is aimed at undermining Raila, controlling civil society and the constitution review process. A public debate for the establishment of a truth and reconciliation process was their last effort on Friday March 28. Again one wonders when Wangari Mathai, Koigi Wamwere and an unknown Irene Wambui could have been the victims of state terror at a time when there have been public discussions by victims of torture and the formation of a group known as citizens of justice to represent this group.

This right wing civil society is indeed strengthening the undemocratic elements within the new government, they are killing the possibility of a credible and viable opposition as well as social movements that can defend and deepen democratic gains. Their long term aim is to scuttle the constitutional review process, stop the restructuring of the state and the devolution of political power, short change the establishment of an 'open society' and ensure power remains in the hands of the mafia and their supporters.

Prominent members of this unholy alliance are Prof. Kivutha Kibwana (CLARION and MP), Dr. Willy Mutunga (KHRC), Gibson Kamau Kuria (NCEC), Davinder Lamba (NCEC), Rev. Timothy Njoya (CGD), Hon. Kiraitu Murungi (Justice Minister), Dennis Kabaara, Institute of Economic Affairs (IEA), Gichira Kibara, Centre for Governance and Development (CGD), Haron Ndubi, Kituo cha Sheria, Winluck Wahiu, International Commission of Jurists (ICJ)-Kenya, Kibe Mungai, People Against Torture (PAT), Mwalimu Mati, Transparency International (TI), Jane Weru, Pamoja Trust, Maina Kiai (KHRC), Paul Muite (MP) and many more. What should worry all in the civil society is the decision by this group with assistance from the state to install Kibaara as the new chairman of the NGO Council come the elections on the 10^{th of this month. Is this the way to go? Already FIDA and KHRC are doing the legwork for the government to influence delegates to the review process to ignore issues that are at the heart of devolution through provincial consultations convened by them. If Maendeleo was co-opted by KANU should NARC co-opt FIDA, the NGO Council and COTU? What will this mean to Kenyans?}