Uhuru, Raila allies upbeat on referendum, Ruto team wary

Senate minority leader James Orengo addresses the press at Parliament building in Nairobi on January 6, 2020, accompanied by Kisii Senator Sam Ongeri. PHOTO | LUCY WANJIRU | NATION MEDIA GROUP

What you need to know:

  • Senator James Orengo's assertion that the country is headed for a busy electioneering period so it is only important that the plebiscite be conducted either in June or July, points to a foregone conclusion on the political path the BBI is taking.
  • Mr Orengo and Prof Ongeri spoke as the country geared up for the validation process of the BBI report, to look at its proposals and determine issues to be addressed through legislation, policy and those that will go to the referendum.
  • The two leaders’ call for a referendum was dismissed by Senate Majority Leader Kipchumba Murkomen, who said the country does not need a referendum to solve its current problems.

President Uhuru Kenyatta and ODM leader Raila Odinga’s allies have ganged up with other leading political parties in the push for a referendum this year, even as Deputy President William Ruto’s lieutenants expressed caution on the move.

Monday's assertion by Senate Leader of Minority James Orengo, that the country is headed for a busy electioneering period so it is only important that the plebiscite be conducted either in June or July, points to a foregone conclusion on the political path the Building Bridges Initiative (BBI) is taking.

Mr Orengo now wants President Kenyatta to hasten gazetting of the extended mandate of the BBI team if the country must have a referendum before the 2022 General Election.

CONSULTATIVE MEETINGS

At a media briefing in his office within Parliament Buildings, to which Kisii Senator Sam Ongeri accompanied him, Mr Orengo also noted that the second phase of the BBI's consultative meetings across the country will begin this Friday in Kisii County, and take place in Kakamega on January 18.

“We want to see matters that are policy and statutory in nature. The committee needs to start working as early as possible,” Mr Orengo said, noting that the absence of the referendum law will not hamper the plebiscite.

The country has held two referenda -- in 2005 and 2010 -- without the law.

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The two senators also cautioned against politicising the post of Prime Minister as proposed in the BBI report, noting that it does not serve the purpose for the team's establishment.

“The discussion on the Prime Minister’s post is being derailed. It is being polluted to show that constitution making has become the creation of positions to individuals as opposed to catering for the interests of the people,” he said.

Mr Odinga has been on record as assuring Kenyans that the plebiscite will be conducted this year but Jubilee Secretary-General Raphael Tuju has hinted at the referendum, noting that the final BBI document is not yet out.

He said that certain proposals that touch on the objects, principles and structure of devolved governments, protected commissions and the government structure can only be ratified through a national referendum, “in accordance to Articles 255, 256 and 257 of the 2010 Constitution”.

“… so the only way to change the Constitution is to adhere to that prescription by the Constitution on how it can be changed,” Mr Tuju said.

He added: “The final BBI report is not yet out. It is still work in progress but certain proposals at the moment can only be changed through a referendum.”

REPORT'S VALIDATION

Mr Orengo and Prof Ongeri spoke as the country geared up for the validation process of the BBI report to look at its proposals and determine the issues to be addressed through legislation, policy and those that will go to the referendum.

The Kisii meeting will be attended by Governor James Ongwae, his Nyamira colleague John Nyagarama and all other governors from the other four counties from the Nyanza region -- Siaya, Migori, Homa Bay and Kisumu.

According to Prof Ongeri, the country needs the report to be fine-tuned through the people's involvement.

“Anything that must be done must be people-centric. People must be engaged so that they raise issues in areas they believe should be changed. It is not a document for creating positions for the people,” Prof Ongeri said.

REFERENDUM 'UNNECESSARY'

However, the two leaders’ call for a referendum was dismissed by Senate Majority Leader Kipchumba Murkomen, who said the country does not need a referendum to solve its current problems.

“If you ask me, a referendum is not possible this year and we do not need it to solve our issues. The earliest we can have it is October, November or December this year. I believe there will be no referendum this year because the same politicians talked about it in the past year but nothing happened,” Mr Murkomen said.

Asked if he will attend the expected BBI consultative meetings, the Elgeyo Marakwet senator said that so far he has not been invited to any.

He criticised the BBI language, saying it portrays Kenya as a country in chaos.

“The language in the BBI report is like a declaration of doom. We should not use it as a cover- up for failures to secure employment for the youth. I don’t think BBI should preoccupy our time. Much of our time should be spent on solving our issues,” he said.

OTHER REACTIONS

On Monday, ODM National Chairman John Mbadi said he was certain Kenyans will go for a referendum this year.

Kimilili MP Didmus Barasa, an ally of the DP, rubbished calls for an early vote, insisting that should there be need to change the Constitution through a popular vote, the process should take place alongside the General Election in 2022.

“Our position has always been that we just had a very expensive census a few days ago, so going for a referendum, with our economy doing badly, is ill-advised,” Mr Barasa told the Nation.

“For once, those who have the capacity to decide when and how to do the referendum should stop being selfish and focus on delivery of the Big Four Agenda and what affects Kenyans first. They should hold the referendum by provision of an extra ballot box in 2022.”

Nyeri Town MP Ngunjiri Wambugu said: “We need to make the decision before the elections; in good enough time, to enable preparation and transition if any is required, for the subsequent government structure."

He went on: “We cannot avoid a referendum because Ruto’s political supporters are afraid it will affect their candidate’s 2022 chances. We cannot make national decisions based on how they affect an individual’s political ambitions; whoever he is.”

Kanu Secretary-General Nick Salat said Kenyans should be united to avoid the mistakes that plunged the country into chaos in the past.