FLIP FLOPS

President Kibaki and Prime Minister Raila Odinga dashed hopes of political and religious actors pushing for amendments to Proposed Constitution or any form of compromise before the referendum. The window for amendments closed as news broke the Attorney General had agreed with the key actors in the process that he publishes the Proposed Constitution on May 6, a day after the end of the ongoing voter registration.

The two principals spoke separately as Members of Parliament appeared to resign to the fact the war would now be fought on the referendum’s ‘Yes’ and ‘No’ platforms.

In Parliament, Raila said there was no room for renegotiation: "This plane is on the runway and has reached a point of no return. It must take off and trying to stop it will cause it to overshoot the runway and crush."

MPs opposed to the draft signed up a document circulated by Chepalungu MP Isaac Ruto seeking to bind them to a joint ‘No’ campaign. He claimed the list by the MPs who proposed 356 amendments but failed to push through even one because of the stringent two-thirds rule, had by last evening reached 70.

He promised to make public the list but by close of business he had not despite having shown journalists handwritten names and notes.

Flip flop

But one of the nay pushers Agriculture Minister William Ruto, speaking at a presidential function, reiterated his ‘No’ vote stand. Curiously, the minister was among Rift Valley MPs who drove into State House Nairobi on Tuesday, for a meeting with President Kibaki ahead of his Central Rift visit Wednesday. Discussions, sources revealed, centered on development of the area and the resettlement of Internally Displaced Persons.

It was, however, not clear if Ruto who lately has been at odds with the Prime Minister over his reversed suspension from Cabinet, discussed the reform agenda and other political issues with Kibaki. But he was in his convoy to Nakuru during which he spoke against the draft as the President asked Kenyans to read, understand and vote according to their own conclusions.

He, however, said he was for ‘Yes’. In Naivasha he modified his statement conceding that despite his own misgivings on the draft, he believed it was 95 per cent good and had accepted to vote for it with the optimism it would be amended later.

In Parliament an upbeat Raila declared the ‘Yes’ campaign was on the roll, saying he would take it to Mombasa today.


Behold the street lights! President Kibaki shortly after he commissioned the Lanet-Nakuru-Njoro Turnoff Wednesday. Vice-President Kalonzo Musyoka and Roads Minister Franklin Bett accompanied the President who urged Kenyans to read the Proposed Constitution for better judgment. [PHOTO: BONIFACE THUKU/STANDARD]

Kibaki and Raila’s stand flew in the face of Church leaders’ request last week they maintain neutrality on the ‘Yes’ and ‘No’ debate until the State-Church negotiators on contentious issues complete their talks on Kadhis’ courts and conditional abortion clauses.

"Read this document and understand it, as for me I got my voter’s card and am ready to vote," the President told a public rally at the Nakuru State House Park. He urged Kenyans to register as voters so that they can exercise their constitutional right at the referendum. He assured Kenyans adequate copies of the Proposed Constitution would be published for wananchi to read and make informed choices.

Vice-President Kalonzo Musyoka and Ruto appeared to be reading from different scripts, with the former calling for the draft to be passed as it is and amendments to be made later.

Ruto insisted the document must be amended to avoid taking the country into another divisive referendum, like that of 2005.

In Nairobi, a group of MPs joined Deputy Prime Minister Uhuru Kenyatta in calling for a non-contested referendum through consensus by ‘Yes’ and ‘No’ protagonists.

The Parliamentary Caucus on Reforms met at County Hall and asked Kenyans to reject campaigns for the ‘Yes’ and ‘No’ vote by politicians and Church leaders. "The referendum campaign is not about the differences between some political personalities," said Garsen MP Danson Mungatana, who chairs the caucus during a press briefing in Parliament Buildings. Ten colleagues accompanied him.

He added: "We must agree there will be disagreements but we appeal that we hold the country together irrespective of our opinions."

On Tuesday, Uhuru told a meeting in Narok the country would rather stay with the old constitution than drag Kenyans through a ‘Yes’ and ‘No’ debate similar to the 2005 referendum.

Time is up

Earlier while speaking at a stopover at Kinungi, near Naivasha, Kibaki and Kalonzo appeared to differ on the call for amending the Proposed Constitution.

Kalonzo said there was still a chance to amend the contentious clauses but Kibaki said time was up and it should be passed as it is and amended later.

The VP supported the draft but called for a few amendments to avoid bloodshed as happened during the post-election violence.

On his part, the President said that the draft was not perfect but was quick to add that it was 95 per cent acceptable. He admitted that some clauses did not please him as was the case with other legislators, but called on Kenyans to endorse it during the referendum. He said Kenyans should understand the draft and stop listening to people who may confuse them.

William Ruto insisted that amendments be made to the draft to prevent the country from going into another divisive referendum.

Kalonzo argued the amendment to the contentious issue should be made immediately the new constitution is passed.

"The law is an ass and it is the one which put in place the Constitution Review Act 2008, which brought us to where we are to day, if we open the draft to amendments it would start a fresh round of squabbles," he said.

He added: "We must make sure that as soon as we get the new constitution we make the necessary amendments," he added.

Ruto appealed to Kibaki and Raila to initiate the process of having the draft amended. "We all want a new constitution but as leaders led by the President and the PM, it is possible to make amendments and avoid dividing the country," the minister said.

He said that Rift Valley residents know the pain of divisions and do not want another divisive referendum. "We can go to Parliament and amend the draft and take a non-divisive draft constitution to the referendum," argued the minister who has been spearheading a campaign to have the draft rejected.

He argued just like the National Accord was passed in one afternoon, it was possible to amend the draft and ensure the country was not split during the referendum.

Ruto said President Kibaki had promised Church leaders would have their concerns over the draft addressed during inauguration of Bishop Maurice Muhatia of the Catholic Church at Afraha Stadium in Nakuru, last month.

"During the ceremony you promised the Church leaders that their concerns would be addressed and we are asking you to initiate dialogue over the draft," he added.

Internal Security Minister George Saitoti said he supports the draft, saying, the country has been grappling for a new constitution over the last 20 years. He, however, said the constitutional review should not be reason for Kenyans to fight.

Road Minister Franklin Bett said he would give his position on the draft later, explaining Kenyans should first be given time to read it.

Bett said once the Attorney General publishes the draft, the Government should make sure it also publishes enough copies of the document to be distributed to the public.

Information Minister Samuel Poghisio also struck conciliatory note saying the Proposed Constitution should not cause divisions among Kenyans.