Fresh demands jolt MPs law review talks

The push for a common position on the draft constitution on Wednesday got off to a bumpy start after the Grand Coalition partners differed publicly before the consensus-building retreat began.

The Orange Democratic Movement and Party of National Unity called separate press conferences to state their positions on the draft. MPs are on Thursday expected to tackle, clause by clause, the contents of the draft in a bid to close ranks before debate begins in Parliament next week.

Party’s demands

ODM declared its list of demands which it insisted were critical to the new set of laws, which it said reflected the views of Kenyans. The PNU team read mischief in the fresh demands by their rivals and accused them of going to the three-day retreat at the Kenya Institute of Administration (KIA) in Kabete to scuttle consensus-building efforts.

ODM chairman Henry Kosgey stated that they would not compromise on a three-tier government, strong senate, equitable distribution of resources and additional factors in demarcating electoral units. Mr Kosgey said ODM was speaking on behalf of Kenyans who voted for the party in the last elections.

“There are irreducible minimums that will satisfy the ODM constituency, key among these are a strong devolved government backed by a strong senate that will be the upper House,” he said. The ODM move seemed to take their PNU by surprise. The PNU side quickly called a press conference to question the reason for their rivals raising issues which were meant to be discussed indoors at the retreat.

Speaking on behalf of the PNU coalition, Information minister Samuel Poghisio said ODM’s demands were aimed at scuttling the retreat which they (ODM) were unwilling to attend from the beginning. Mr Poghisio, the ODM Kenya chairman, warned that similar tactics were used to derail the Bomas Conference on the constitution in 2003 and 2004.

“We must not leave this place without agreeing on the way forward… this is how Bomas was derailed and we don’t want to go that route,” Mr Poghisio said. Mr Jeremiah Kioni (Ndaragwa, PNU) and George Thuo (Juja, PNU) asked their coalition colleagues to raise their issues in the plenary instead of engaging in public sideshows.

The three were accompanied by Mr David Musila (Mwingi South, ODM-K), Mwangi Kiunjuri (Laikipia East, PNU), Ephraim Maina (Mathira, Safina) and George Nyamweya (Nominated, PNU). There was a sigh of public relief on Tuesday when MPs unanimously voted to adjourn the House to go for the retreat aimed at giving them a deeper understanding of the draft and building a common position on sticky issues.

On Wednesday, National Assembly Speaker Kenneth Marende opened the retreat with a strong message to MPs to put aside power games and get the review on course. “Power games notwithstanding, I urge all MPs to be open-minded to pre-empt the options of rigid positions that may derail the process,” he said.

Similar sentiments were made by Parliamentary Select Committee on the review process chairman Abdikadir Mohamed and vice-chairman Ababu Namwamba during the opening ceremony. The two sides, aware of the political power stakes involved in the review process, summoned their think tanks to KIA to help whenever necessary.

On ODM’s side were Prime Minister Raila Odinga’s coalition advisor Miguna Miguna and Moi University law lecturer Mutakha Kangu. The PNU team which includes former Siakago MP Justin Muturi and Mr Peter Kagwanja will join the talks on Thursday.

On Wednesday, the MPs were taken through the draft constitution by Mr Abdikadir and Mr Namwamba with occasional interjections by Cabinet ministers Mutula Kilonzo and James Orengo. Debate on the draft begins today when the two teams are expected to place on the table their demands and seek consensus.

Reports by Alphonce Shiundu, Oliver Mathenge and Njeri Rugene