PSC: The make or break team

By Peter Opiyo and Beauttah Omanga

Will the Parliamentary Select Committee on Constitutional Review reach a consensus on the system of governance preferred by Kenyans?

That is the question many are asking as the 26 members of PSC sit down for a meeting in Naivasha town today.

Doubts hang over the fate of the Revised Harmonised Draft as PNU has already trashed it, accusing the CoE of "ignoring the wish of majority of Kenyans to have a Government with only one centre of power".

Mohamed Abdikadir Chairman Parliamentary Select Committee on Constitutional Review

Some of the leaders who were at the press briefing at which PNU indicated its displeasure are today sitting at the table at which the PSC is expected to chart out an amicable resolution.

But yesterday, members of the committee expressed confidence that a deal would be struck as it retreats to hammer out differences in the draft.

The members trooped to the Great Rift Valley Lodge well aware that millions will be waiting with bated breathe to see if there will be a breakthrough in the impasse over the preferred system of government.

One of the PSC members, Turkana Central MP Ekwee Ethuro, expressed optimism that PSC would strike a deal and help the country get a new Constitution. Ethuro said the positions taken by political parties were "myopic" and would not influence the opinions of the PSC members.

The mood

"We must give this country a new Constitution," said Ethuro. "I am optimistic that we will strike a deal. We can’t engage Kenyans endlessly on this matter. I have talked to my colleagues and this is the mood."

He pointed out that there is a feeling within PSC that the hybrid system is not workable for the country, saying that a deal must be reached even if it would mean voting within PSC.

The legislator said the quest for the new law is unstoppable suggesting that should there by a stalemate then the contentious issues should be left out in a new draft.

On his part, Water Assistant Minister Mwangi Kiunjuri, also a PSC member, said the Committee has no option but come to an agreement on the contentious issues.

"We have no choice at all. We have to agree and get a firm foundation for the whole country by delivering a strong constitution," said Kiunjuri.

Nominated MP Amina Abdallah (Kanu) said there seems to be good faith on the membership of PSC in their pursuit of a new constitution.

"When you talk to individual MPs there seems to be some consensus building up. There will be a break through, " she said.

Ndaragwa MP Jeremiah Kioni is hopeful that a deal would be struck, saying that differences in opinions are narrowing.

"Political parties’ positions do not really count when we are in PSC. They are only expressed when we are outside. I am optimistic we are going to come up with one document," said Kioni.

But even as PSC expressed confidence, vested interests pose a threat to consensus on the draft as the members assemble this morning.

Chances of a deal are complicated going by the hard line positions already taken by leaders from the two parties who sit in the PSC.

Doctoring views

Deputy Prime Minister Uhuru Kenyatta and Justice Minister Mutula Kilonzo, who this morning lead the PNU team in the PSC, were at the Press briefing at which the party accused the CoE of doctoring the views it received from Kenyans.

Presenting two drafts during the referendum is an option that could be open to the PSC if it can steer round the Act on constitutional review, but PSC chairman Abdikadir Mohamed has rejected this option saying it would polarise the country.

President Kibaki, Prime Minister Raila Odinga and members of the Grand Coalition Committee address a Press conference after holding consultations at Harambee House on Thursday. They failed to reach a consensus and referred the matter to the PSC. [PHOTO: FILE/STANDARD]

And as the PSC sits down in Naivasha today, observers predict that it could settle for a presidential system of government if it comes down to a vote.

In the likelihood that they fail to agree on a presidential system, the meeting could end without a consensus.

The prediction is based on an analysis of the membership of the PSC and is also informed by the stand taken by some ODM members in the PSC on their preferred system of Government.

PNU could have an easy time pushing through a system of government with one centre of power -—most likely presidential — when time to make a decision comes because it has more members and could get support from some ODM members.

As the PSC sits down, PNU brings to the table 14 members against ODM’s 12.

ODM originally had 13 members in the PSC, but was reduced to 12 when Omingo Magara lost his seat formally after House Speaker Kenneth Marende on Thursday last week declared the South Mugirango seat vacant following a court ruling on an election petition.

The party will not also be sure of support from some of its members who have already declared that they are against a hybrid system with a Prime Minister who will share executive power with an elected President.

Agriculture Minister William Ruto, who sits in the committee, has stated that he supports a system with one centre of power.

ODM could find itself at a disadvantage because of the raging battles within the party pitting Prime Minister Raila Odinga and Ruto.

Five ODM MPs

There are apprehensions within the party that those sympathetic to the Agriculture Minister will support his position.

An ODM MP who spoke on condition of anonymity told The Standard "at least five ODM members in the PSC might side with PNU if it comes down to a vote on the system of government".

But ODM MP Joshua Kuttuny says those fears are unfounded.

"Despite the differences in ODM, the majority of the PSC members are level headed and they can agree on the contentious issues," said the Cherangany MP.

Foreign Affairs Minister Moses Wetang’ula said everything would be fine as long as all the PSC members would be open-minded in the discussions.

PSC bi-partisan

Though major political parties have made their positions known, the minister said PSC is bi-partisan and the members should strive to be a committee of Parliament, parties’ interests notwithstanding.

"I get the feeling that major players have relaxed their positions and this is encouraging," the Sirisia MP said. "I hope we will have a breakthrough."

Water Minister Charity Ngilu said: "We are going to Naivasha to give it our best. I am hopeful and optimistic that we will come out with something."

PSC Chairman Mohamed Abdikadir says so far the PSC has never needed to vote on major issues.

"Most of the time we resolve issues by consensus," he said.

Additional reports by Jibril Adan

Click here to view members of the PSC