Uhuru, Raila to decide whether to go for referendum on BBI report

An addendum to the Building Bridges Initiative task force report last Wednesday leaves President Uhuru Kenyatta and ODM leader Raila Odinga with the discretion of deciding whether the country should go for a referendum to change the Constitution or not.

This comes in the wake of strong indications that the team has recommended alterations to the Executive to accommodate more players after the next elections, reintroducing the premiership, among other far-reaching changes.

Multiple sources at the final meeting on October 23, the same day the term of the team expired, told us there was no consensus on the question of a referendum, the only motion that ended in a deadlock.

CHANGES

Those opposed to it, they said, held that any other changes in law needed to give the report life should be through Parliament.

The Sunday Nation learnt that Mr Odinga on Saturday retreated for a meeting with his trusted allies at the Coast to prepare them on possible scenarios before the final handover.

Hosted by Mombasa Governor Hassan Joho, the meeting was also attended by Kilifi County boss Amason Kingi and Minority Whip Junet Mohamed.

Mr Odinga is said to have tasked them to begin marshalling support for the recommendations, some that could see governors who are serving their final terms in office find a new lease of life in the new structure of government.

Later on, they attended the burial of Michael Ngumbao, the slain uncle of the newly-elected Ganda MCA Ruben Katana in Malindi.

A confidante of President Kenyatta also hinted at a silent mobilisation that is underway to enhance the acceptability of the report in his Central Kenya bedrock.
Mr Kenyatta is said to have taken exception to the move by Agriculture Cabinet Secretary Mwangi Kiunjuri to lead a host of Mount Kenya MPs on Thursday in a press conference at Parliament Buildings to spell out conditions that must be met for them to embrace the yet-to-be-released recommendations.

INCLUSIVITY
“We are concerned about the underrepresentation of our people at all levels compared to the population and the number of voters in the region.

When we talk about inclusivity, it must be reflected even in representation in Parliament and other spheres.

If the BBI does not address the challenges of equalisation of the vote, under the universal suffrage principle of one-man-one-vote, then we will sit down and advise our electorate accordingly,” the leaders said in a statement read by the lawmaker for Ndaragwa, Mr Jeremiah Kioni.

The popularity of the referendum among the committee members somewhat diminished after acting Treasury CS Ukur Yattani met the BBI team at the Sagana State Lodge, Nyeri, in the company of other technocrats and reportedly told them that the economy was not in a position to cater for a referendum before the next polls.

There were strong signals that President Uhuru Kenyatta would receive the BBI report on Sunday ahead of his expected trip to Saudi Arabia on Monday.

He returned to the country last evening from Sochi, Russia, where President Vladimir Putin hosted African heads of state for a summit.
A member of the committee told us that they had all been asked to ‘hang around’ just in case the much-awaited call from the State House comes through.

From Saudi Arabia, President Kenyatta is listed among guests at the swearing-in ceremony of President Mokgweetsi Masisi of Botswana.

DEMOCRACY
With battle lines drawn ahead of the team making the report public, Deputy President William Ruto yesterday denied that he was walking a tightrope, having in the past said he would not support any recommendations that would seek to expand the Executive arm of government.

“Dilemma? No way! Jubilee as a democratic party celebrates diversity of opinion free of hate and focused on transformation for all; for us big or small matters but ultimately as initiators of inclusive non-tribal political discourse we will stand behind our Party and Leader,” he said.

The DP is alive to the fact that a referendum would not only redraw the country’s political landscape but may also tilt the scales to his disadvantage as opposed to the current arrangement where he is almost assured of succeeding President Kenyatta in 2022.

While his boss insists that BBI report would be the antidote for the ills facing the country, Dr Ruto is of the view that the content of the report must be subjected to a public debate by Kenyans before it can be adopted or rejected.

SCATHING ATTACK

Narok North MP Moitalel ole Kenta thinks a section of the political class’s scathing attack on the BBI, even before its contents become clear, reflects an all-out opposition by forces allied to Dr Ruto to anything that Mr Kenyatta and Mr Odinga stand for.

“It also reflects a certain level of entitlement of politicians from certain communities to the leadership of the country. It is as if without them being leaders, there will be no Kenya.”

Article 255 of the Constitution stipulates that any proposed changes to the supreme law that would affect the supremacy of this Constitution, the territory of Kenya, the sovereignty of the people, the national values and principles of governance, must be subjected to a referendum.

Other areas are the Bill of Rights; the term of office of the President; the independence of the Judiciary and the commissions and independent offices to which Chapter 15 applies and the functions of Parliament.

There have been serious doubts whether President Kenyatta would want to subject the country to a referendum, a divisive exercise at a time he is racing against time to firm up his legacy.

POLITICAL CEASEFIRE

Already, he has two years to implement his projects before the campaign proper sets in. DP Ruto’s camp is happy to sell this narrative. Well aware that the bicameral legislature is Dr Ruto’s playground, his allies are itching to have the two Houses consider the recommendations of the BBI team.

Some of the President’s men, however, say he has no qualms pursuing the referendum route should it be contained in the report.

A product of political ceasefire between Mr Kenyatta and Mr Odinga, the BBI team was formed after the March 9 handshake and mandated to come up with a solution to nine agendas, namely ethnic antagonism, lack of a national ethos, how to foster inclusivity, strengthening devolution and curing divisive elections.

The report is expected to cover aspects of safety and security, eradicating runaway corruption, enabling shared prosperity and entrenching rights and responsibilities.

On Saturday, task force chairman Yusuf Haji reiterated that the document was done.