President Kibaki and Prime Minister Raila Odinga brought groups that campaigned on opposite sides of the referendum under one roof, and ordered them to rally behind implementation of the new Constitution.
After the meeting ended, both leaders unveiled a mini-Cabinet shuffle affecting seven ministers, and whose theme clearly was a message to the country that no blood would be spilt on the basis of who voted for which side in the referendum.
Despite speculation that the three ministers who campaigned against the Constitution may be shoved aside for breaching Cabinet’s collective responsibility, Higher Education Minister William Ruto and Information Minister Samuel Poghisio were unaffected. Dr Naomi Shaban who campaigned alongside them, and is from the PNU side of the Coalition Cabinet, was moved from Special Programmes to Gender, swappings places with Ms Esther Murugi Mathenge.
The changes, which Kibaki and Raila could probably have used to test the waters and send out the signal they could have gone further, but chose the path of restraint, also saw the return of Mr Ali Chirau Mwakwere to Cabinet, but in the Trade docket.
Mr Amos Kimunya, took the Transport portfolio Mwakwere held before an election petition knocked him out. Curiously, Eldoret East MP Prof Margaret Kamar who was in the ‘Yes’ camp, and whom ODM MPs had proposed takes over from Ruto, was appointed Assistant Minister. A resolution taken in the first Orange Democratic Movement and Party of National Unity joint Parliamentary Group meeting since the new Constitution was passed resolved that members of the ‘No’ side be included in the next crucial phase.
At one point President Kibaki had to step forward and order that the country must come first, and it was therefore important that the implementation process be all-inclusive.
In a departure from previous sessions, Deputy Prime Minister Uhuru Kenyatta was asked by the PM to read the resolutions that strove to unite the groups that fought in the divisive plebiscite behind the actualisation of the new Constitution.
It was a day the Grand Coalition radiated rare unity after the meeting, despite it having with started with some members insisting the losing side be locked out of the next phase.
The day also saw the groups that were clustered into ‘Yes’ and ‘No’ share a platform under the aura of pacification, and amicably talk about the work yet to be done.
"Kenya belongs to all of us and we are ready to play our role," said Ruto adding: "It is time to move together as a team for the interest of this country." He added: "What is important is to remain true to our resolution today that the next phase be all-inclusive and consultative."
The PG meeting focused on the membership of the Committee on the Implementation of the Constitution (CIOC). Sources at the meeting revealed a group of MPs that included Water Minister Charity Ngilu, Assistant Minister Joseph Nkaissery and Ikolomani MP Bonny Khalwale failed in their bid to have the ‘No’ side locked out of the committee.
Among those who strongly objected to their demands were Health Minister Beth Mugo and MPs Ephraim Maina and Fondo Gonda.
"MPs agreed on the need to work extra hard in a non-partisan manner to enable the passage of legislation to anchor the new Constitution," said Uhuru in the joint statement endorsed by over 200 MPs.
Their hard-line stance
President Kibaki is told the MPs the next phase of the implementation process was not as simple as some people thought.
He told them to drop their hard-line stance, arguing Kenyans had passed the Constitution, but the road ahead was even harder. It was then agreed Mandera Central MP Mohammed Abdikadir who chaired the 27-member Parliamentary Select Committee on Constitutional Review, and his deputy Ababu Namwamba, should occupy the same positions in 15-member CIOC.
But the failure to agree on the list of who should be included in the Oversight Committee, throws the ball back to the political parties, which will now have the onus of picking out their representatives. The meeting also did not agree on the ratio of sharing out the 13 remaining slots.
Kibaki flew back to Nairobi from Mombasa in the mid-morning to chair the meeting with Raila, and pacify the country’s political cream.
Though the meeting left the door open for those who opposed the new Constitution to join CIOC, their fate will be decided at the level of individual parties. The MPs agreed on whittling down the size of CIOC and eyes will now turn to the 13 slots left — a strategy sources linked to reducing conflicts within the committee to carry out the oversight role in the implementation chapter.
Oversight Committee
The MPs agreed that those who served in the Parliamentary Select Committee on Constitutional Review, a body that recruited the Committee of Experts and guided the review process, should be excluded from the Oversight Committee.
The move will see new blood brought to the fold, as big names with good grounding on law are sidelined, with only Justice minister Mutula Kilonzo as ex-officio member.
The two principals are said to have underscored the need for unity with Raila setting the ball rolling.
Ruto is also reported to have talked of the need for, "leaders to live up to their promise to initiate amendments as they promised at campaigns."
Industrialisation Minister Mr Henry Kosgei who is also the ODM Chairman, downplayed the initial hard-line position taken by his party MPs against Ruto and 16 other ODM MPs said: "The ODM PG was one organ of the party leadership. They were entitled to their opinion, which was not binding. The decision that has been taken today by leaders from all parties should be binding now, as we strive to take the country forward."
He added: "As a party we are not going to muzzle our members for whatever position they took during the referendum."
Another MP said: "The idea of excluding PSC members was because the MPs wanted to get rid of vested interests, given that the CoE also set an example by excluding themselves from the Implementation Commission," revealed an MP.
Ruto is understood to have thanked the ‘Yes’ team for the victory, and pleaded for the inclusion of the ‘No’ team in the implementation of the new laws. The MPs appreciated the fact enforcement would usher in a new republic. But Otuoma, who is ODM, had his reservations
"The first step towards a unified approach must be that those who were in ‘No’ own up that they lied to Kenyans, disown the lies and then we negotiate on how to accommodate them," he said.
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