Why Kenya's first Constitution amendment won't come easy

CORD leaders (from left) Kalonzo Musyoka, Raila Odinga and Moses Wetangula at a past press briefing.

By STANDARD ON SUNDAY TEAM

Kenya: There is no let off in the battle for and against the planned amendment of the Constitution as the two sides of the political divide plot to push their political agenda to marshal support across the country.

As former Prime Minister Raila Odinga and Cord ally Stephen Kalonzo Musyoka move to mobilise support across the country, the Jubilee side is working on a massive counter offensive.

The Jubilee side has now planned a Parliamentary Group (PG) meeting on Tuesday to map out a strategy to deal with the push for a referendum. Jubilee-allied senators who were earlier part of the architects of the proposed referendum have beat a retreat and accused CORD leaders Raila and Kalonzo of having a sinister motive.

The split between the two main coalitions could be heighted by the planned parliamentary Group meeting bringing together Jubilee senators and Members of the National Assembly on Tuesday.

Some of the Jubilee senator and MPs confided in The Standard On Sunday that the meeting will be used to whip up firm opposition against Cord antics and maneuvers.

On Saturday, Raila moved to Busia County after spending a better part of the week in Coast region where the referendum was on top of the agenda as the Cord team blamed the Jubilee side of plotting to kill devolved governments. Deputy President William Ruto was also at the Coast during the week where he argued strongly against the push for the referendum and yesterday covered parts of Rift Valley and Central Kenya to preach the anti-plebiscite gospel.

“The referendum will only be seeking to secure and protect the devolved units. I support them because if things are not sorted out now, it may be too late later,” said Raila yesterday. He argued that anything touching on “the Supremacy of the Constitution, the Sovereignty of the people, the function of Parliament, objects, principals and structure of devolved government,” must be resolved through a referendum.

Not off the mark

Raila’s opinion was that the governors are not off the mark and that the schemers plotting against devolved governments will always invent a reason to stop people from pursuing a just cause.

He said issues related to the implementation of the Constitution need to be sorted out as soon as they emerge.

“When you discover that the new trouser you just bought is too tight, you don’t wait until it is old for you to mend it. You go to the fundi immediately to adjust it otherwise you will suffer,” said Raila.

Justifying Cord’s course of action, Wetangula claimed that even after the enactment of a new Constitution, which upholds the principles of devolution, the actions of Jubilee  leaders were geared at fighting devolution.

The Bungoma Senator cited examples on land and agriculture management, which according to the Constitution are the preserve of the county governments, Wetangula wonders why the national government is attempting to redistribute land at the Coast and offer title deeds. Wetangula also cited the case of redeploying former Provincial Commissioners as regional directors, as a deliberate move of defeating the devolution.

Senate Majority Leader Kithure Kindiki regretted the turn of events, lamenting that people seeking to further their “parochial interests” had hijacked their “noble idea”.

“It is unfortunate that the referendum matter has been hijacked by parochial, partisan and divisive interests that are not in the national good,” said Kindiki.

On Saturday, Ruto cautioned elected leaders from the Jubilee coalition to distance themselves from the push for a constitutional referendum saying the clamour for the plebiscite had sinister motives.

He made it  clear that  the push for the referendum had nothing to do with devolution and empowerment of the county governments as alleged by its proponents noting that it was meant to undermine the jubilee government and hound it out of power. He was speaking at Tabor Hill in Nyandarua where he helped raise funds for the Catholic Diocese of Nyahururu. He gave Sh5 million which included Sh3 million from President Uhuru Kenyatta.

Ruto said it was curious that those who  fronted the YES campaign that convinced Kenyans to  endorse the Constitution in its current form were the same ones fronting this new clamour for a referendum to have the same Constitution they supported amended.

“I would like to ask all the elected leaders from Jubilee coalition not to join the bandwagon of those calling for a referendum because it is political confusion meant to achieve parochial and selfish interest of those who lost the election,” he added.

He said Kenyans were weary of political campaigns having come from the 2010 referendum and the 2013 general election and asked those clamouring for the referendum to let  the jubilee government deliver on its election pledges.

In response to appeals by a local leader to give the Cord leaders a job so as to make them more useful to the nation, the Deputy President disclosed that they had offered leading Cord leaders the jobs but they had declined the offer. “They are only interested in causing confusion in the country, let them not stir political tension in the country this soon after a general election” he said.

Members of Parliament and other elected leaders who spoke at the function concurred with Ruto.

The MP for Oljoro Orok  J.M. Waiganjo said  the constitution is yet to be fully implemented  and urged  CORD leaders not prejudice the implementation of the Constitution Kenyans. Kieni MP Kariuki Kega said Kenyans want to elect their President directly not through a few people with partisan interest.

Mukurweini MP Kabando wa Kabando condemned meetings called to plan for the referendum saying they were ill intentioned.

Already positions are hardening over proposals by Cord leaders, Raila, former Vice President Kalonzo and Senate Minority Leader, Wetangula urging for the referendum to strengthen the Senate and devolution. The hostilities between the Uhuru and Raila camps also come up against the backdrop of a move spearheaded by the former PM’s aide, Eliud Owalo and civil society activist Okiya Omtata, to overhaul the electoral system.

While Okiya Omtata maintains his March 4th Movement (M4M) is not in any way related to Cord’s push for a referendum, rivals within Jubilee view the move as part of Raila’s three-pronged approach to frustrate and paralyse the Uhuru Government.