YES FOR UHURU LAUNCH

The battle lines are drawn and in what is likely to remind Kenyans of the 2005 constitutional referendum differences, politicians are pulling in opposite directions of a ‘Yes’ and ‘No’ campaign.

Prime Minister Raila Odinga came out strongly in support of the Proposed Constitution as passed by Parliament, and warned there was no room for renegotiation.

To signal the ‘Yes’ campaigns were on the way, the PM pulled a fast one on opponents of the new law by announcing a public rally to drum up support for the draft at the historic Uhuru Park.

Said the PM: "Opening up the document at this late stage for renegotiation will not bring consensus, it will fester confusion and recrimination. Indeed it might even undermine the entire process."

He spoke a day after Vice-President Kalonzo Musyoka and Agriculture Minister William Ruto called for the amendment of the Constitutional Review Act of 2008 so that Parliament can renegotiate the contentious issues in the Proposed Constitution.

They argued that it was possible to look afresh into the thorny clauses in the draft and to ensure the country votes for a non-contested draft at the referendum.

"The timeframe for discussing and adopting the document before subjecting it to the referendum can still be extended. It is not too late," said Kalonzo.

But Raila said the Government was supporting the document and those calling for the Proposed Constitution to be reopened for certain clauses to be amended were engaging in an exercise in futility.

"Let me be clear… Raila Odinga will not support or be party to an attempt by anyone or any group to derail or mutilate the Proposed Constitution," he added.


Kenya National Commission on Human Rights Vice-Chairman Hassan Omar meets lawyer PLO Lumumba at a Nairobi hotel during a lecture to University of Nairobi students on Wednesday. Looking on is Libyan Ambassador to Kenya Hesham Ali Sharif. [PHOTO: COLLINS KWEYU/STANDARD]

The PM appealed to Kenyans to support the Proposed Constitution at the referendum by voting a resounding ‘Yes’ and vowed to campaign for its ratification by Kenyans the way it is.

Messing the draft

Speaking in Eldoret on Tuesday, Kalonzo and Ruto accused the Committee of Experts of messing up the draft that had been agreed upon after negotiation by members of the Parliamentary Select Committee (PSC) on Constitutional Review in Naivasha resulting in the current stalemate.

"It is possible to renegotiate the clauses that have caused divisions in the Proposed Constitution if the two principals –President Kibaki and Prime Minister Raila Odinga are genuine that they want the country to have a new constitution," Ruto said.

Ruto said it was possible for the principals to provide leadership and have the Act amended and provide road map for consultation so that the draft to be subjected to referendum is not rejected.

"I want to set the record straight that I am proud of what we did and agreed on in Naivasha. Those claiming that we caused the prevailing confusion are lying and should be ashamed," Ruto said

The PM said Uhuru Park event, whose date was still under consultation, would be used to rally Kenyans to support the document.

The Attorney General has 30 days to edit and publish the draft; thereafter the Interim Independent Electoral Commission (IIEC) shall within seven days after publication of the draft frame and publish the question to be determined by the referendum.

Fourteen days after the publication of the draft by the Attorney General, the IIEC will set the referendum date, polling time, and the campaign period.

Addressing a news conference at his Treasury House office after a working Easter visit to Uganda and Rwanda, Raila who was accompanied by Deputy Prime Minister Musalia Mudavadi, Energy Minister and PNU Secretary General Kiraitu Murungi said they were carrying out consultations with religious leaders to convince them to support the document.

Raila disclosed that, ODM party leadership after consultations of with National Executive Committee and parliamentary group meeting and resolved to back the document.

"Soon we will be meeting to carry out consultations on how to undertake the campaigns," The PM said.

He said ODM would hold consultations with the clergy to convince them that nothing is lost in the Proposed Constitution.

Raila said President Kibaki had over the Easter weekend expressed Government’s support of the document.

He said he was merely emphasising the Government stand on the matter.

"I am reinforcing the President’s statement, which he gave over the Easter weekend that we want to give a clear message that this is the Government message that it is impossible to reintroduce any changes at this point and those attempting are engaged in an exercise in futility," he added.

Misleading public

He took on a section of Rift Valley MPs who were opposed to the document because of the chapter on land, saying they were misleading the public.

Raila asked Lands Minister James Orengo to issue a comprehensive statement to clarify on the chapter, adding that according to the draft the proposed Land Commission will manage the resource.

He pointed out that land ownership, according to the chapter, had very clear guidelines in that people with up to 10,000 acres have nothing to worry about.

"It is those with over 100,000 acres and have a 99-year lease yet they are doing nothing with it whereas land needs to be made available to Kenyans for purposes of production," he added.

Raila said he, as ODM party leader, and President Kibaki — the PNU leader — fully support of the Proposed Constitution.

Raila pointed out that the issue of the Kadhis’ courts had been discussed extensively at the Bomas Conference and the clerics present approved the same.

"At Bomas the only contentious chapters were those of the Executive, representation, transitional clauses and therefore if we attempt to open the document now, what X wants will not (necessarily) be what Y wants," he added.

Raila said after the KIA retreat by MPs the only other place where amendments could have legally been made was Parliament but none of those who attempted to move the 150 proposed amendments garnered the requisite two-thirds majority.

"Parliament’s unanimous adoption of the Proposed Constitution was both a loud endorsement and reflective of the popular demand by the people of Kenya that MPs should not mutilate what the people have now adopted as their constitution," he added.