Saturday, August 17, 2013

Why Raila has changed tune on calls for parliamentary system

Former Prime Minister and CORD leader Raila Odinga acknowledges his supporters as he arrived at Rose Huhando grounds in Homa-Bay town to attend the homecoming party of Homa-Bay Town MP Peter Opondo Kaluma in Homa-Bay August 10, 2013. Photo/JACOB OWITI

Former Prime Minister Raila Odinga has changed his tune in a call for immediate constitutional alterations to change the country from a presidential to a parliamentary system.

His change of heart came as Deputy President William Ruto fired a salvo in Mr Odinga’s direction and said that referendum proponents were seeking “a shortcut to power.”

Mr Odinga now says that Cord would agitate for the increase in allocations from the counties from the current 15 per cent to 45 per cent.

He is of the view that the Constitution was not passed because it was perfect but that because it could be amended and perfected over time.

“We agreed that no Constitution is perfect... and we have said let’s get this Constitution going. And once we are going on, we look at areas which it is pinching. They said that it is the wearer of the shoe who knows where it hurt,” Mr Odinga said.

But he insisted that a parliamentary system had been accepted as the best in the world, and that is why Cord had started a debate to change the system from presidential to parliamentary.

“Debate is the best for Kenya. But let this debate not be confused with the issue of devolution. They are completely different.”

Saturday Mr Odinga took his call for a referendum to Busia but without calls for a parliamentary system.

He said that he is pushing for a referendum to amend the Constitution so that senators can get more powers to protect devolution. That signified a shift from his earlier demand for a referendum to have the president elected by Parliament rather than grassroots voters.

Mr Odinga’s call for a vote to change the system of government has been opposed by a section of governors – including some from Cord. He was also criticised by senators who say that he was hijacking their agenda to strengthen the Senate and instead using it to refurbish his politics.

Cord’s push for a referendum is likely to be one of the defining features on the political landscape in the next few years.

Should there be a referendum and Jubilee loses, it would be interpreted as a vote of confidence in Cord and possibly help the coalition galvanize support for the next General Election. ODM evolved from the 2005 referendum.

But navigating the legal journey to a referendum is no walk in the park and Cord faces an uphill task in getting the country to a vote.

Articles 255, 256 and 257 of the Constitution sets out a considerably elaborate, expensive and involving processes of how the Constitution may be amended.

Once drafted, a constitutional amendment must be sent to each of the 47 county assemblies for consideration within three months after it has been submitted by the electoral commission. To pass that stage, more than half of the county assemblies have to approve the referendum questions.

This means that the promoters of a referendum would have to come up with a strategy to persuade majority of the county assembly representatives across the country to approve the Bill.

If a county assembly approves the draft Bill within three months after submission, the Speaker of the county assembly shall deliver a copy of the draft Bill jointly to the Speakers of the two Houses of Parliament, with a certificate as proof that the county assembly has approved it.

And once submitted to the two Houses of Parliament, proponents must lobby both MPs and senators to pass the amendment with a convincing majority. This is likely to be an uphill task for Cord, which is the minority in both Houses.

If either House of Parliament fails to pass the Bill, the proposed amendment shall be submitted to the people in a referendum.

Speaking in Busia yesterday, however, Mr Odinga said that he would continue rallying for a referendum for more allocation of funds to the county governments.

He accused the Jubilee government of trying to kill devolution, saying the referendum would enable senators get more powers to protect the new system.

“We want to amend the Constitution to ensure senators are given more powers so that they can protect devolution,” said Mr Odinga.

His sentiments were echoed by Busia senator Amos Wako and his Siaya counterpart James Orengo who maintained that the Constitution need to be amended to end the supremacy battle between the Senate and the National Assembly

“We have no powers yet we are the ones who are much involved in the county activities,” said Mr Wako.
Speaking separately to lawyers attending a conference in Mombasa, Vice-President Kalonzo Musyoka and chairman of the Governors Council Isaac Ruto said the issue of changing the system can be shelved for now.

President Kenyatta and his deputy have opposed the calls for a referendum and have insisted that they support devolution.

“I want to ask governors from the Jubilee coalition to tread very carefully with these calls for a referendum as it is an agenda of some people and you know them. This country cannot be on a perpetual election mood because someone did not win the elections,” Mr Ruto said yesterday.

He went on: “This clamour is sinister. It is meant to take this country into another election. All this talk about a referendum has nothing to do with devolution. It is a sinister motive by some people who want shortcuts to power.”

The simmering push for a referendum is unfolding as it emerged that proponents would have no easy day in their quest for a vote on the issues they are raising since the law has placed high standards as prerequisites for such an exercise.

Mr Odinga said he was ready for a national dialogue on the way forward on the implementation of the devolved system, saying a referendum can be held in future.

Mr Ruto suggested that the single most important agenda for the government and the opposition today should be how to increase the budgetary allocation from the national government to the county governments from 15 per cent to 45 per cent.

The leaders made the remarks at Leisure Lodge Beach resort and Spa during the second day of the Law Society of Kenya Annual Conference whose theme is, “Realising devolution and decentralisation under the Constitution”.
 

SELFISH CALL

And Speaking to the Sunday Nation in a telephone interview Baringo Central MP Sammy Mwaita said those calling for a referendum were “selfish with the truth.”

Leaders behind the move, notably Mr Odinga, were the very people who had in 2010 advised Kenyans to vote for the Constitution, he said.

According to Mr Mwaita, the Odinga group wants to use the referendum to force for rule by the minority.

“They want to have a second bite at the cherry having missed it on March 4. We will not allow the minority to rule the majority,” said the URP politician.

“The arrangement worldwide is that the minority have their say and the majority their way. The role of the minority is to shout.” Nairobi Catholic auxiliary bishop David Kamau weighed in on the debate warning that the country was not ready for a referendum and urged leaders to give the Constitution more time before amending it.

“The Constitution has been there for a few months, who knows whether it will work or not. Let us give it time. At the moment the question of a referendum is out,” he said.

Bishop Kamau said there was no pressing anomaly in the Constitution to require immediate amendment, saying implementing it should be everyone’s agenda now.

“They should tell us what is wrong with the Constitution and yet no time has been allowed to see whether it works. Should it be found that it is not workable after a few years, people can then sit down and think what to do,” he said.

The clergyman was speaking at Apostle of Jesus Catholic church in Nairobi during the ordination of Teilo Mukani into the priesthood.

Meanwhile, Interior Cabinet Secretary Joseph ole Lenku has cautioned that heightened political activity around the proposed referendum has the potential to compromise national security and cohesion.

Mr Lenku said that his ministry would at all times apply the law firmly in order to protect life and property.

— Additional reporting by Linet Wafula, John Njagi and George Munene