Law: Cabinet shuts the door on changes

The Cabinet on Tuesday closed the door on any changes to the proposed constitution before it goes to the referendum.

This effectively calls into question the fate of talks meant to resume on Wednesday between Church leaders and a government team seeking a settlement on the contentious issues.

A statement dispatched to media houses by the Presidential Press Service after a three-hour meeting said the Cabinet had reached a decision that it was not possible to amend the draft.

Decision unilateral

“The Cabinet concluded that it was practically impossible at this stage to amend the Constitution of Kenya or Constitution Review Act in order to accommodate concerns expressed by Christian church leaders and others,” said the PPS statement.

Church leaders described the Cabinet decision as “unilateral” and vowed to campaign against the draft at the referendum.

National Council of Churches of Kenya general secretary, the Rev Peter Karanja, said it appeared the government wants to face the Church during the referendum campaign.

“It is a unilateral decision from government and the Church will exercise their right. It appears the governments wants to go to the referendum with a Yes and the Church a No. That is the likely scenario,” he said.

However, sources in a meeting between the Church and government technical teams said the possibility of signing an MoU committing the government to look at contested issues after the referendum was discussed.

Mini-reshuffle

Tuesday’s was the first Cabinet meeting since early February and it came days after a mini-reshuffle in which Mr William Ruto, who is leading the No campaign from within government, was moved from the powerful Agriculture docket to the less prestigious Higher Education ministry.

Mr Ruto has vowed not to abandon his opposition to the draft he describes as fatally flawed.

However, following Tuesday’s resolution by the Cabinet to support the draft, Mr Ruto may have to toe the line or resign — because he is bound by the code of collective responsibility to back Cabinet decisions.

Sources close to the meeting said the proposal for a Cabinet resolution on the draft was moved by Prime Minister Raila Odinga who said it was important for the government to have one position.

He was seconded by Vice-President Kalonzo Musyoka who had earlier said the concerns of church leaders and the No campaign team should not be ignored.

Ministers Dalmas Otieno, William ole Ntimama and Mutula Kilonzo reportedly spoke strongly in support of the draft in its current form.

They are said to have stated that the Cabinet should not go against the decision that was taken by Parliament in rejecting all amendments that were tabled on the draft.

However, Mr Ruto is said to have stood his ground, challenging the position that it was impossible to amend the draft at the time.

He proposed that the government allow the public to give its verdict on the contentious issues during the referendum.