PNU disowns Revised Draft, says it was doctored

By Standard Team

President Kibaki’s side in Grand Coalition came out with guns blazing dismissing the Revised Harmonised Draft released by Committee of Experts as a fraud against Kenyans.

In what could be the biggest jolt to the renewed quest for a new Constitution as per the 2008 power-sharing deal between President Kibaki and Prime minister Raila Odinga, six senior Party of National Unity Cabinet members accused CoE of doctoring the views it received from Kenyans.

The six who are unlikely to have acted without clearance by the President, given the sensitivity of the phase the review process has reached, were Vice President Kalonzo Musyoka, Deputy Prime minister Uhuru Kenyatta, Prof George Saitoti, Mutula Kilonzo, Kiraitu Murungi and Beth Mugo. Also most poignantly, Prof Kivutha Kibwana, who is the President’s direct advisor on constitutional reforms, attended Kalonzo’s news conference.

All these Cabinet members belong to PNU’s branch in the Coalition Management Committee and were expected to table their report to the PSC. The President’s party denounced the hybrid system saying, "We reject the mongrel hybrid (system) proposed in the draft which would be a recipe for conflict and chaos."

But even as the dark cloud gathered over the constitution review exercise Prime minister Raila Odinga expressed optimism the country would have a new constitution by the end of the year.

The PM’s spoke before he met top members of his Orange party to respond to PNU’s insinuation CoE could have either been compromised or it acted at the behest of outsiders.

After the meeting ODM leaders denounced PNU’s stance, terming it an act of bad faith that undermines national efforts at consensus building on a new constitution.

The ODM press conference late last evening was addressed by its deputy leader Musalia Mudavadi at Raila’s office at Treasury Building in Nairobi. He said the party remained committed to a pure parliamentary system of Government as the best opportunity for an accountable Government as opposed to an imperial presidency.

No comment

CoE Chairman Nzamba Kitonga declined to be sucked into the unfolding controversy and advised the President’s side direct its concerns to the Parliamentary Select Committee which retreats to Naivasha on Monday to court political compromise on the contentious issues on the fresh draft.

"As it is now the only body that can handle any issues regarding the draft is PSC. PNU should consult it if they have any issues" said Kitonga.

He reminded Kenyans PSC comprises all parties.

Earlier at the burial of a former University of Nairobi don, Prof Katela ole Kantai in Ngong, Raila said: "2010 is the year for Kenya to have a new constitution, and those rubbishing the constitution making process have lost touch with the desires and needs of Kenyans which is the desire for a new constitutional dispensation."

The PNU ministers, led by Kalonzo, dismissed the draft as "tragic" because in their view CoE ignored the views of 95 per cent of Kenyans who he claimed supported one centre of power with the holder being directly elected by the people.

He however did not disclose how the President’s party got hold of the statistics on which the high-profiled party wigs based their attack on CoE which the VP lambasted as having failed to honour it’s obligation as per the Act that established it to make public the views it received from Kenyans.

He then demanded that CoE produces all the views presented by Kenyans, which in the 30-day public debate alone CoE said it received 1.5 million submissions. He said: "The CoE should furnish PNU with the over a million public submissions and the Hansard records of its deliberation," said Kalonzo

They launched the attack even as President Kibaki yet again promised the country this is the year of reforms and also cleared his diary of any other engagements to witness the swearing in of Judges of the Interim Independent Constitutional Dispute Resolution Court (IICDRC) on Friday at State House.

Final stages

PPS said in the statement on described the constitution review process as, "entering its final stages."

The PNU group has since November maintained it would accept nothing short of a powerful institution of the Presidency. It dismissed the hybrid system of government proposed in the draft saying it creates two centres of power.

They further argue that a President who is directly elected by voters cannot cede his Executive powers to a PM chosen by the majority party in Parliament.

All along ODM welcomed the draft saying it will support whatever system Kenyans will vote for in the referendum.

ODM however prefers that the Constitution of Kenya Review Act be amended to provide for Yes-Yes vote on two drafts to enable Kenyans chose either the presidential or the parliamentary systems of government.

Members of Coalition Management Committee from both wings of the coalition have been meeting over the last three days to discuss a compromise, albeit separately.

In the first meeting Kibaki dispatched Uhuru to chair the PNU side while Raila opened the ODM sitting.

"It has now emerged that the CoE did not respect and take into consideration the views of Kenyans while reviewing the harmonized draft. It chose to ignore an overwhelming majority of the views of Kenyans," Kalonzo claimed.

Public to decide

To fortify its position Kibaki side referred to CoE’s report of December 30, which read: "Whatever form is adopted, it is recommended that the Chief Executive should be elected by members of the public, whether it is a President, Prime Minister or both."

The same view, Kalonzo pointed out, was replicated in a report that accompanied the Harmonised Draft on November 17, 2009, which said Kenyans wished to elect their president directly.

"After the findings, the CoE tragically maintained a draft in which the Chief Executive is the PM appointed by Parliament and not members of the public," said Kalonzo.

Briefing the media after a meeting at Norfolk Hotel, Nairobi, Kalonzo said PNU still supports a presidential system with sufficient checks and balances that safeguard against abuse of power. Uhuru and Mutula are members of PSC.

The ministers also took issue with the Transition Clause claiming, it "was glossed over" by CoE. They argued that only provisions related to management of elections should be implemented while the new Constitution should take effect after the General Elections.

Raila also dismissed reports he had disagreed with Kibaki on the constitution review.

 

Read all about: Revised Harmonised Draft PNU Committee of Experts

 

 

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