NO DEAL

Two days after MPs hammered out what seemed to be a deal over the Proposed Constitution, the Orange wing of Government and some Rift Valley MPs were on Saturday categorical that there was no deal.

This sets the stage for another battle on the floor of the House as the constitution review clock ticks away.

While consensus on a wide range of contentious issues was ostensibly arrived at during the MPs’ retreat at the Kenya Institute of Administration (KIA), Nairobi, they were but gentlemen’s agreements for which MPs are not bound.

Things came to a head on Friday when members allied to Deputy Prime Minister Uhuru Kenyatta and Agriculture Minister William Ruto supported various amendments, including the creation of 25 regions to replace the proposed 47 counties and a powerful senate of 50.

This did not go down well with ODM legislators who were outnumbered at the retreat. Some of them walked out in protest but that did not stop the meeting from going on.

ODM, which supports the passing of the Proposed Constitution as was crafted by the Committee of Experts, grudgingly attended the retreat after being prevailed upon by Prime Minister Raila Odinga to avoid being seen as opposed to consensus building.

On Thursday, Raila met his party MPs where they agreed on what they termed as the party’s irreducible minimum in the consensus negotiations.

In the closed-door meeting, the PM reportedly instructed the MPs not to allow the creation of more than 18 regions, not to allow the Senate to be weakened and that the 47 counties must not be deleted.

ODM's party’s Secretary-General Anyang’ Nyong’o said his party would not support the mutilation of the Proposed Constitution. "Three levels of devolution — national, regional and county — is necessary, logical, doable and provable in all other comparable jurisdictions with reference to power, functions and resource mobilisation and use," he said.

He argued that the key and guiding principle should is democracy and empowerment of the people.

Prof Nyong’o said transitional clauses must take into account the sustainability of the coalition Government with equal regard to both partners and implementation of Agenda 4.

hotly contested

And reacting to ODM’s position last night, Government Chief Whip George Thuo, of the Party of National Unity (PNU) wing, said the deal was arrived at by consensus during the plenary meeting of the KIA deliberations.

"There might have been hotly contested issues but in the end, the agreement was by consensus.

"Those opposed to the deal are in ODM and yet the party’s top leadership chose to go to Machakos instead of being at KIA. This is an indictment on the party’s commitment to a new constitution," said Thuo.

Also raising her voice was Public Health minister Beth Mugo, who expressed surprise at ODM’s position. She said the amendments were reached after a 21-member committee presented recommendations on the contentious issues.

And a group of Rift Valley MPs who are not pleased with the amendments as agreed on at KIA are also set to meet in Nairobi today to discuss the manner in which the proposed regions are to be carved out.

Organisers said Rift Valley MPs wanted to develop common ground ahead of a meeting of MPs and President Kibaki and PM on Tuesday.

Confirming the planned meeting, Assistant Minister and Laikipia East MP Mwangi Kiunjuri sharply disagreed with a proposal to move some constituencies to the new regions that have replaced counties.

In a statement issued by Kikuyu MPs from the Rift Valley — Mr Mwangi Kiunjuri (Laikipia East), Mr John Mututho (Naivasha), Mr Lee Kinyanjui (Nakuru Town), Mr Joseph Kiuna (Molo), Mr Nelson Gaichuhie (Subukia) and Mr Muriithi Nderitu (Laikipia West), the group said it was opposed to the design of Central Rift Region as proposed at KIA.

"We reject what is coming from KIA as unacceptable. If not reversed, we will fight the draft by all means possible," said Kinyanjui.

He said political expediency, not people’s needs, informed the amendments.

The sentiments seemed to agree with a statement issued by Kanu Secretary-General, Mr Nick Salat, on Friday claiming that political expediency had overshadowed objective considerations in the creation of proposed devolution units.

Reject amendments

Kanu Vice-Chairman Gideon Moi had also lamented that Rift Valley was being split into too many units.

ODM deputy party leader, Mr Musalia Mudavadi, unleashed the first salvo incidentally at the same hour that the MPs at KIA were releasing their report to the Press, on Saturday.

Speaking in Machakos where he accompanied Prime Minister Raila Odinga at a public function, Mudavadi rejected the proposal to do away with counties.

"Anyone thinking of doing away with counties is dreaming. It cannot happen!" declared the Deputy Prime Minister, who is also in charge of the Local Government docket.

Joint Government Chief Whip, Mr Jakoyo Midiwo, now says he has instructions from the ODM leadership to mobilise MPs to reject the amendments.

PNU allied legislators accused their ODM rivals of trying to scuttle the process.

Mr Peter Kenneth, the Assistant Minister for Planning, said the country belonged to all Kenyans.

"Nobody should say that his or her region is better than the others. We don’t want people from North Eastern to say they are coming to Kenya each time they come to Nairobi," he said.

Separately, Lands Minister James Orengo has said ODM was now keen on ensuring that changes supported by the requisite 148 MPs was brought before the House.

"By removing the councils, you are denying small communities rights to leadership. ODM does not support any other amendment to the Proposed Constitution," Orengo added.

MPs allied to Ruto, however, speak in favour of the proposed changes.

Konoin MP Dr Julius Kones and his Rongai counterpart, Mr Lucas Kigen, said the retreat was successful in reaching consensus on most issues that had been anticipated to be tough.

"We have managed devolution and representation and I am comfortable with what has been achieved," said Kones.

Kigen explained that the Draft was not going to do away with councillors completely, but was likely to improve the status of those to be elected from the expanded wards.