Jubilee, CORD face off as bid to amend Constitution gains momentum

Former President Kibaki (centre) displays the 2010 Constitution after the promulgation at the Uhuru Park grounds in Nairobi, on August 27, 2010. Leaders are now pushing to have 20 per cent of the Constitution amended. [PHOTO: FILE/STANDARD]

The push to amend the Constitution took a surprise turn this week when Jubilee MPs joined the bandwagon of politicians and political parties that have been spearheading the crusade.

This has raised questions whether the MPs are out to achieve political expediency through the exercise or are genuinely working to make things better for Wanjiku.

From the 2005 Constitution review referendum that was rejected after the “No” side resoundingly defeated the “Yes” side to the second one in August 2010 which the “Yes” side won, politicians tend to use them for presidential campaigns.

So far, five initiatives to amend the law have been mooted: CORD’s Okoa Kenya Bill, the Council of Governors' Pesa Mashinani Bill, Senate’s Constitution of Kenya (Amendment) Bill, 2015, the Boresha Katiba and another initiative mooted by Gachoka MP Mutava Musyimi through the National Assembly’s budget committee.

CORD has launched its campaign and has since published the referendum question but it appears Jubilee is determined not to let them run away with the agenda because of the political capital they are likely to accrue ahead of the 2017 elections.

Flaws in the law

During the heated campaigns in 2010, the coalitions argued that 20 per cent of the Constitution needed to be amended.

CORD now says it is good that Jubilee has finally acknowledged that a referendum is crucial to correct some of the flaws in the law, including strengthening devolution, which is the pillar of the new Constitution.

All the groups want Article 203 amended to increase allocation of national revenue to the counties to more than 40 per cent.

CORD co-principal Moses Wetang'ula noted that Jubilee has finally realised the need to amend the Constitution is inevitable and lauded the MPs' move.

“Whatever the process and route they want to take, the important issue is their realisation that there’s need for constitutional change as set out by Okoa Kenya initiative. What is important now is not a test of wills and unhelpful; competition but a patriotic and bipartisan process that can accommodate, possibly amalgamate and harmonise Okoa Kenya, Senate, Governors’ and new Jubilee initiatives,” said Wetang'ula, who is also the Senate Minority Leader.

Senator Mutula Kilonzo Jnr (Makueni), who was also the vice chairman of the Senate Select committee on constitutional and legal review, which undertook a constitutional audit concurred with the CORD co-principal that Jubilee has finally seen the light, on constitutional changes.

Mutula however questioned the timing, saying it was suspect going by the defiant stance taken by Jubilee on attempts to amend the law.

“I call upon our Jubilee colleagues to consider merging their proposal with the others also fronting the same. As like-minded leaders, we can synchronise the proposals we have, which are more or less similar to give Kenyans a refined document,” he appealed.

He added, “We only need to shade off our political skins, political interests to address the myriad issues cited. We can enter into an Inter- Parties Parliamentary Group to have minimum reforms done through the Parliamentary initiative, while those protected can be selected to amend through a populous initiative.”

Water Cabinet Secretary Eugene Wamalwa also supported the call for a referendum, saying time was right for it because both the “No” side that was led by Deputy President William Ruto and the “Yes” side promised Kenyans that the 20 per cent that was contentious would be amended after implementation of the law.

The former Justice Minister, who oversaw the final drafting of the Constitution with former Attorney General Amos Wako said the five year implementation period was now over and Kenyans can therefore embark on that exercise.

“We can now give Kenyans a good Constitution through a non partisan approach, because we promised that the contentious 20 percent contentious issues would be amended after implementation,” said Mr Wamalwa.

Former Council of Governors (CoG) governor Isaac Ruto (Bomet), who is also the chair of the nine-member committee spearheading the pesa mashinani initiative, scoffed at the move by Jubilee to join the referendum train, arguing it was a little too late and Kenyans cannot be deceived easily.

“Why the change of tune by the Jubilee brigade, which from the onset castigated governors over the referendum agenda. There is a sinister motive in this. For governors, we have collected over one million signatures and will be meet to endorse the amendments to our Constitution of Kenya (Amendment) Bill, 2014,” affirmed Mr Ruto, maintaining they were on course and ready to share the same with senators and Okoa Kenya.

Council vice chair governor Salim Mvurya (Kwale) argued that the latest entry in the referendum train by the Jubilee MPs confirms their conviction that it is necessary.

“They are agreeing that indeed we need a referendum to change the Constitution and strengthen devolution. Even though Jubilee’s move is suspect, they could join governors’ and infuse their issues to our Pesa Mashinani initiative,” he said.

But Mandera Senator Billow Kerrow, distanced himself with the Jubilee bid, dismissing it as not thoughtful. “These are not serious fellows (MPs). Our colleagues are just engaging in sideshows and not a serious venture,” he said.

The Senator, who was a member of the Senate select committee, instead termed the initiative by the MPs a mission to deflate tension in the country by trying to divert attention from the real issues affecting Kenyans and the Okoa Kenya initiative by the Opposition.

Nominated Senator Joy Gwendo has called for sobriety in push to amend the Constitution warning the process may be costly and raise political temperatures ahead of the next elections.

“We have barely two years to the General Election. Anything we want Kenyans to change, why not put it at the ballot to be voted for instead of wasting taxpayers’ money mid-way,” she said.

“Yes this Constitution needs major amendments but not when stakeholders ‘are not in agreement. Kenyans have a right to civic education on the proposed amendments.”

ODM political Affairs secretary Opiyo Wandayi (Ugunja) said Jubilee’s push to change sections of the law has come on the backdrop of similar initiatives.

“There is a belated admission that the country is not moving in the right direction and that constitutional changes are inevitable,” said Mr Wandayi.

He added, “striking a balance between political expediency and the popular will is what Jubilee is trying to do. We welcome them to join Okoa Kenya train, which embodies the true aspirations of a majority of Kenyans. There is no time for duplication of initiatives.”

Mombasa Senator Hassan Omar also downplayed Jubilee’s initiative, saying it means the Opposition’s bid cannot be easily swept under the ‘carpet’.

“The proposal by Jubilee MPs is a strong statement that CORD’s Okoa Kenya Bill cannot be ignored. By Jubilee attempting to push for 46 per cent allocation to counties by increasing CORD’s by one per cent is a diversion tactic to subvert the clamour for a referendum by pretending to want to address the salient issues,” argued Senator Omar, who is also the Wiper Party Secretary General.

He continued, “The Jubilee push under the banner “boresha katiba initiative’ is meant to hoodwink Kenyans by spreading the narrative that they are also ready to amend the Constitution.” Mr Omar disclosed that CORD is optimistic that by July 2016, IEBC will be through with the Bill and send it to the county assemblies’ before it goes to Parliament.