Mudavadi differs with Raila over devolution changes

Amani National Congress (ANC) leader Musalia Mudavadi has sharply differed with Opposition chief Raila Odinga over the establishment of a three-tier government, saying the move will undermine the gains achieved by the Constitution.

Mr Mudavadi also termed the current clamour for a referendum as premature, saying the Building Bridges Initiative (BBI) — an appendage of the peace deal between President Uhuru Kenyatta and Mr Odinga, is yet to make its report and recommendations public.

"Any attempts to reconfigure counties into regional governments will undermine devolution," said Mr Mudavadi.

Mr Odinga has in the past said that it is through BBI that meaningful changes will be realised, asking Kenyans to ignore any other exercise to amend the laws.

Mr Mudavadi’s new stance will likely see him go head to head with his former co-principal in the Nasa alliance in the last elections.

The proposal to establish 14 regional governments through a three-tier structure was proposed by Mr Odinga during the fifth devolution conference held in Kakamega in 2018.

SOFT LANDING

In a statement on Saturday, Mr Mudavadi — who helped put devolution structures in place when he served as local government minister under retired President Mwai Kibaki — said the move would claw back gains made by devolution.

The Amani leader proposed that any change in the country's supreme law should focus on strengthening devolution rather than introducing another layer of leadership within the devolved system of governance.

"Whichever initiative that is in place (to cause a referendum) should be geared towards consolidating the gains made by counties rather than taking anything from that," Mr Mudavadi said.

If enacted into law, the three-tier government would be a soft landing spot for some of the governors who are serving their second term in office. The governors are warming up to it.

Some of the governors who are serving their second and final term in office - Mr Wycliffe Oparanya (Kakamega), Mr Hassan Joho (Mombasa), Mr Kivutha Kibwana (Makueni) and Mr Alfred Mutua (Machakos) - have declared they would contest the presidency in 2022.

But it is believed some of them would go for the 14 regional posts should the government choose to go that direction through a referendum.

Already, Mr Mudavadi is seeing this as a move that would interfere with the existing structure of devolution and end up weakening it.

CORRUPTION

Speculation is rife that this structure could form part of the recommendations for a referendum through the BBI.

Apart from the much-awaited BBI proposals that are due to be made public in October, the country is also witnessing another spirited effort to change the Constitution 2010 through the Punguza Mizigo (amendment) Bill, 2019 sponsored by Dr Ekuru Aukot.

The bill is currently before the 47 county assemblies for deliberations to determine whether the country will subject Dr Aukot's initiative to a referendum.

Mr Mudavadi, Mr Odinga and Wiper's Kalonzo Musyoka have since opposed the bill.

Mr Odinga and Mr Musyoka have already registered their support for BBI.

On Friday, the ANC boss welcomed the governors' clamour for constitutional review and pledged to support them, adding that any change to be done on the Constitution should safeguard devolution.

"The best way to reduce the burden Kenyans are facing is to fight runaway corruption," he said in reference to Ekuru Aukot's Punguza Mizigo Initiative.

STARTING POINT

Addressing a rally at Wote Town in Makueni County, Mr Mudavadi decried that the country is reeling in heavy debt but cannot be relieved through reducing the number of elected and nominated leaders.

"Kenyans will eventually have to sit and approve what needs to be changed in the Constitution as contained in Punguza Mizigo, Building Bridges and Ugatuzi initiatives," said Mr Mudavadi

The county bosses have announced their bid to revise the constitution - dubbed Ugatuzi Initiative.

"We have seen for ourselves what ails devolution for the last seven years. As governors, we have seen it good to start our own initiative to change the Constitution together with the County Assemblies and all citizens," Makueni Governor Kivutha Kibwana said.

Prof Kibwana said they will soon rollout popularisation tours. "We are still consulting at the Council of Governors and soon we shall traverse the country collecting the required signatures and drumming up support for the Ugatuzi push".

Reports by Derick Luvega, Justus Wanga and Pius Maundu