ODM rejects change to law review Act

The Orange Democratic Movement has ruled out any possibility of amending the Constitution of Kenya Review Act before the referendum.

The party has also come out clear that it is not making any promise that it will support any changes to the proposed constitution once it passes. Speaking to the Saturday Nation on Friday, Immigration minister Otieno Kajwang’ said the constitution review could not be reversed from where it had reached.

And even if it were to be reversed, Mr Kajwang’ said he was not sure whether Parliament would take a different view from its position of supporting it as it is. This means that the proposed constitution will be subjected to a divided referendum and will either be rejected or passed. This is because it would be difficult for any party to garner a two third majority to change the Review Act.

But Vice-President Kalonzo Musyoka is not convinced that nothing can be done to save the situation. “I am pleading that we see the others’ point of view. We make it all-inclusive. I am convinced we can still make amendments even after the constitution is passed,” he said.

Mr Kajwang’ had different ideas: “There is no committee that can negotiate any change in the proposed constitution. The ultimate change must begin with changing the Review Act. ODM is not about to be party to such a change.” The minister could have been referring to the committee that has been formed to arbitrate between the government and the Church over the contentious issues touching on abortion and the kadhi's courts.

“We are not making any promise that we are going to change anything in future. We might not be there after all. So we cannot deliver on such a promise. Those that will be there will be free to make changes as provided for in the proposed constitution,” he said.

Asked what their selling points are going to be in the referendum campaigns, Mr Kajwang’ said they don’t have to sell the document as it has been people-driven. “We only need to tell them here is your document. If we sell it too much it might look like it is our document,” he said.

Mr Musyoka insisted his viewpoint was easily realisable. “The issues standing on the way between us and a new constitution are issues that can be very quickly settled,” he said, perhaps influenced by the fact that he has dealt with peace negotiations in the past, for example, in Southern Sudan.

The VP is confident that consensus can be achieved, arguing, the hardest part was when North and Southern Sudan were making negotiations for wealth-sharing, leading to the signing of the Naivasha Protocol, over which he presided.

But to circumvent what ODM seems determined to frustrate, revising the Review Act, Mr Musyoka asks why the Interim Independent Electoral Commission cannot propose a question that those who want the proposed constitution as it is to tick a particular box, while those who want it with amendments tick elsewhere.

He wonders why there seems to be a hurry to pass the constitution irrespective of whether there is a confrontation. “This is what worries me. My position has always been that this time round we should have a non-contested referendum. Divided, we will end up calling each other names, with others having their eyes set on 2012 (next General Election),” he said.