By Kenneth Kwama
The draft constitution produced by the just concluded deliberations in Naivasha is undemocratic. It is the product of a ‘behind-the scenes’ consensus between ODM and PNU to spite each other’s ego.
Actually, the politicians made a draft for themselves, not for the country. For example, by tyrannically voting to quash the office of the PM, the parliamentary committee disregarded the voices of many Kenyans who told the Committee of Experts they wanted the position retained in the new constitution.
ODM went to Naivasha advocating for a parliamentary system with a government headed by a Prime Minister, while PNU wanted the status quo retained.
I do not know whether I’m thinking overdrive, but the ease and manner the ODM team relented on the idea of a parliamentary system in Naivasha was suspect. It was an unbelievable compromise by the Orange party.
The question is: What did ODM get in return for making this ‘huge’ climbdown? The answer is nothing.
Nothing, because the real gain lies in what ordinary eyes cannot see for now. Raila has all along wanted to be President and I do not think he has ever envisioned himself as a ‘ceremonial’ head that his party – ODM – was pushing for in Naivasha.
There is strong possibility the PM has all along wanted a presidential system, but could have marshalled his troops to push for a parliamentary to confuse his adversaries in PNU.
If you think I’m postulating too much, take a sigh and look at the names that represented Raila’s party at the constitutional retreat. Agriculture Minister William Ruto, his namesake, Chepalungu MP Isaac Ruto, Tourism Minister, Najib Balala and MP for Budalang’i Ababu Namwamba.
Former Assistant minister for Trade Omingo Magara would have been included therein had he escaped the election petition.
Do you smell something? I suppose that as the ODM party leader, at some point Raila’s consent was sought and he approved the people to represent his party at the crucial constitutional committee.
By the time these names were being drafted into the committee, there were already streaks of rebellion in ODM and loyalties had clearly been demarcated.
The question is: With the kind of political brain the PM has, would he have allowed ‘rebels’ to represent him in such a crucial parliamentary organ when he knew they had scores to settle?
The answer is no. Ruto and co were strategically put at the PSC to vote against the party position and that is what they did. Although you won’t hear anybody saying this aloud, ODM was simply ‘overwhelmed’ in Naivasha and that is why consensus on the contentious issue of the Executive came faster than was anticipated.
It has become practice for PNU to wait until ODM has made critical choices in serious national issues and then take opposing views. Raila knows this and strategically went parliamentary to camouflage his real intentions. Unfortunately, the President’s men and women swallowed the bait.
—Kwama is a Senior writer with The Standard.
kenkwama@standardmedia.co.ke