Constitutional showdown

Business

By Standard Reporter

It is 48 hours to face-off as political actors in review ‘war’ prepare for what could be the last stab at amending the Proposed Constitution to suit their incompatible interests.

With the tick of the clock towards what could be a milestone on Kenya’s 20-year luckless road to a new constitution, the politicians are talking about their wishes and fears, aspirations and dreams.

Energy Minister Kiraitu Murungi, while calling on MPs to break the review jinx by passing the document, borrowed from the Greek mythology to describe the constitution review impasse.

"Our constitution review process is similar to Greek mythology of ‘Labour Sisyphus’, which refers to any hopeless task that must be repeated endlessly without success. This must stop."

In the myth, Sisyphus betrays the secrets of the gods and is forced to roll a rock, which keeps rolling back, up the hill for eternity.

Prime Minister Raila Odinga asked: "If the new constitution is rejected on the basis it has Kadhi’s courts we would continue to have them under the current laws. What progress will we have made?"

Assistant Minister Peter Kenneth said: "I know this debate is ending on April 1 fools day…I hope Kenyans will not be taken for a ride again."

Also in optimistic mode were Vice President Kalonzo Musyoka and Deputy Prime Minister Musalia Mudavadi. Kalonzo said: "For too long the path to a new constitution has been characterised by pitfalls and missteps. We must rise to the challenge now." He spoke on Saturday night at Law Society of Kenya dinner.

Mudavadi remarked: "The road to a new constitution has reached a point of no return. In a week’s time Kenyans will know who is for or against them."

Agriculture Minister William Ruto, who is among those fighting for amendments, last week called members to his side, arguing they should not shy away from changing the document because of fear of numbers.

On Sunday he said: "Those saying we pass the draft as it is are very senior leaders in this country. We cannot accept this…our leadership would be questionable if we fail to give the new constitution to Kenyans."

It is voices like Ruto’s that reinforce the perception Parliament will not be a walkover for those who gave up on amendments and decided to support the draft as crafted by the Committee of Experts.

Despite the good wishes from politicians, the theatre of action remains Parliament, before which the draft has been under debate.

Tomorrow is the deadline for submitting proposed amendments, which if they are to pass must be supported by at least 145 MPs.

Cut on time

D-day is on Wednesday, the day House Speaker Kenneth Marende set aside for debate, vote and conclusion of amendment agenda that has preoccupied the Grand Coalition Government’s key partners, and even set one against the other, since the new year opened.

Even as chances soar, the document may be adopted as it is because no one side can muster the 145 MPs needed to amend it.

Marende decreed that amendments will only be debated if at the very start there are at least 145 members in the House. Notwithstanding the assumption they could all vote for the amendment, Marende obviously wants to cut on time to allow the House to quickly dispense with the 50-plus amendments.

Of course if one party wants to sabotage the other, it can walk out when the amendment it does not want comes up.

The other side will predictably reciprocate, bringing about a zero-sum game.

Barring last-minute political compromises and ‘barter-trade’ tactics among the coalition partners, showdown looms as each side digs in to have its way in the amendment race.

The trickiest aspect of the showdown is Cabinet has not met for two months since its retreat on corruption at the Kenya Institute of Administration. It therefore goes there is no Cabinet position on the Proposed Constitution, a matter that has given ministers the leeway to talk at each other on their demands.

Civil society is piling pressure on Parliament to pass the draft as it is and, separately, the medical professionals called on MPs to expunge sections touching on abortion.

Justice Minister Mutula Kilonzo too was optimistic as curtains come down on Parliament as one of the key critical institutions in constitutional review. The last step will be when Kenyans vote at a referendum in the next few months.

"The new Constitution is irreversible. It is not perfect…no single constitution in World is anyway. I appeal to Kenyans to endorse it for its contents are the views they gave CoE," Mutula said.

As the country entered the sensitive phase, leaders have been keen with words, careful not to be seen as against the reform process, and to avoid the public backlash that comes with the perception.

Fail to pass

Raila argued a section of leaders were hypocritical: "I see a lot of hypocrisy on the issues being declared contentious."

Kiraitu, who is Party of National Unity secretary general and interim leader of newly formed Progressive Democratic Movement (PDM) said: "Some of the amendments were good but should they fail we will pass the draft as it is."

He warned that political elites have lost the legal objective of the constitution and instead the process was engulfed in ethnic caucusing, political intrigues and backstabbing.

Mudavadi was more emphatic the road to new constitution had reached a point of no return. "Anyone standing in the way of a new constitution will not withstand the wrath of Kenyans. In week’s time we will know who is for Kenyans and those against them," he argues.

Gichugu MP Martha Karua said she was contented with draft as presented by CoE: "MPs seeking to make changes are not genuine in their demands. Kenyans should say yes to the Proposed Constitution because it will help ensure good governance which we have been looking for."

Karua, who resigned as Justice minister last year, asked Christians to accept Kadhi’s courts since they are not a hindrance to their faith.

She similarly challenged Church leaders to accept that abortion is necessary if the mother’s health is in danger.

"We cannot afford to lose both the mother and the child," she argued.

Lands Minister James Orengo cautioned Kenyans to be on the look out for reactionary forces he claimed were bred in the Kanu’s single party regime and were out scuttle the process.

"There are wolves on both sides of ODM and PNU. Kenyans must beware of these Fifth Columnists seeking to stop the peaceful revolution," Orengo warned.

Central Imenti MP Gitobu Imanyara said the country was on a seesaw and Kenyans were capable of knowing those who were opposed to reforms and those who prefer the status quo.

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