GRAND COLLISSION

The Party of National Unity is pushing for changes in the draft constitution — a move likely to put it on a collision course with its Orange coalition partner.

PNU formed a sub-committee last week to look into clauses in the draft that the party says need changing.

Although none of the party’s big guns was willing to speak on the matter on Sunday, Mr Justin Muturi, a technical advisor of the sub-committee, hinted at the revisions PNU will be pushing for.

PNU is of the opinion that the 47 proposed counties are “extremely unrepresentative” and therefore the Senate should not be given too much power on revenue allocation, he said.

“For instance, the Senate needs a simple majority to pass decisions on revenue allocation yet this can only be reversed by a two-thirds majority in the National Assembly. The draft has made strides in dealing with equal representation in the National Assembly which should have more powers,” Mr Muturi said.

The party is also opposed to a provision that appointments for new offices established by the new constitution in the first year must be done through consultation between the President and the Prime Minister.

But this position is likely to be opposed by the Orange Democratic Movement, whose leadership has publicly said it will push for the passing of the draft as it is.

On Tuesday last week, ODM announced that it would support the proposed draft in Parliament and during the referendum.

Mr Raila Odinga, the party leader, led MPs and National Executive Committee members in endorsing the draft prepared by the Committee of Experts.
Speaking after the party leaders met at Orange House in Nairobi, chairman Henry Kosgey said: “ODM NEC/PG attended by the party leader and his deputy supported the proposed constitution and calls upon Kenyans to ratify it at the referendum.”

Mr Kosgey said although there were some areas in the draft that ODM felt should have been improved, the party had resolved to support it.

“It is the best the country can come up with in the current circumstances. It is a consensus document... Kenyans have waited for a new constitution for the last 20 years and we can’t delay them further,” he said.

The chairman said ODM would use the 30 days the draft is to be debated in Parliament to make its supporters aware of its contents to “ensure the constitution is passed this time round.”

ODM, he added, was happy with inclusion of an expanded Bill of Rights in the constitution, the 47 counties to be created under devolution, a fully-fledged independent Cabinet and creation of Senate and posts of governors.

“We shall support it in Bunge,” said Mr Magerer Langat, the party’s deputy chief whip, said.

Immigration minister Mr Otieno Kajwang’ said: “We want a new constitutional dispensation as contained in the draft and nothing more.”

But PNU responded to the new draft by setting up a sub-committee to study it and propose changes.

The sub-committee was composed of MPs Wilfred Machage (Kuria), Peter Munya (Tigania East) Amina Abdalla (nominated), Kabando wa Kabando (Mukurweini), Gideon Konchella (Kilgoris), Mwangi Kiunjuri (Laikipia East) and George Nyamweya (nominated).

They are scheduled to meet the party’s top organ — the Central Committee — on Monday to submit their findings.

Those who sit in the committee include Cabinet ministers Kiraitu Murungi and Mutula Kilonzo, as well as assistant ministers David Musila and Gideon Ndambuki.

On Tuesday, the MPs in the sub-committee will present the report to their colleagues at a parliamentary group meeting. On Sunday, some members of the team indicated that they would rather not comment on what they want changed.

Mr Nyamweya, one of the party’s vice- chairmen, refused to be drawn into discussing details of the team and its work.

The Parliamentary Select Committee chaired by Mandera Central MP Mohammed Abdikadir has identified four areas that it is urging Parliament to scrutinise.

While tabling the proposed constitution and its report last Tuesday, the PSC said that it was not satisfied with the work done by the Committee of Experts on the Legislature, Judiciary, devolution and transitional clauses.

While in Naivasha, the PSC had removed some of these provisions, but they were returned by the Committee of Experts.

More significantly are the different positions taken by President Kibaki and Prime Minister Raila Odinga on the emotive issue of abortion, which some churches are indicating, could be a basis for the rejection of the document in the referendum.