Race to control implementation of new Constitution

By Alex Ndegwa and Martin Mutua

With referendum chapter closed and new constitution passed and awaiting promulgation, Parliament is the next frontier of battle for the Grand Coalition partners.

Given Parliament will be the theatre of action for the next crucial phase, which is the implementation of the new Constitution, all eyes are on how the political parties will share out the Constitutional Implementation Oversight Committee’s seats.

The committee will wield a lot of power, as it would oversee the implementation of the new Constitution.

Already the passage of the new Constitution appears to have opened new battlefronts among the traditional political forces as the jostling for membership and leadership of the new committee elbows its way to the forefront.

It is in Prime Minister Raila Odinga’s Orange Democratic Movement (ODM) where there appears to be more heat, because strong forces within the party want Higher Education Minister William Ruto and Chepalungu MP Isaac Ruto sidelined for opposing the new Constitution, and rebelling against the official party position. The two were members of the PSC on Constitutional Review, whose members are said to be frontrunners for membership in the new committee.

Having sat in the committee that brokered most of the agreements on the Proposed Constitution before the referendum, the two are being viewed as ill-suited to sit in the commission that will implement what they fought against. However, there are those who argue they should be taken on board, first as a sign of reconciliation in the country, and to harness the goodwill of the ‘No’ MPs as Parliament gets ready to pass at least 40 Bills to implement the new laws.

There appears to be little contest on the leadership because, given the past fierce rivalry between ODM and Party of National Unity, the solution could lie in both going for a candidate from a small or so-called ‘neutral’ party. In this case, PSC chairman Abdikadir Mohammed, who is a member of Safina, could again be the compromise choice for both groups.

Mohamed is said to be a favourite among most MPs who also feel his performance as chairman of the review committee was impressive.

However, there are some who are keen on pushing for Gichugu MP Martha Karua because during her tenure at Justice Ministry, she was instrumental in crafting the watertight clauses that have protected the new Constitution from derailment or dilution by vested interests.

Frosty relations

Besides her fallout with President Kibaki and her frosty relations with Raila, she may fit the bill given she is running Narc-Kenya as an independent party. However, reports indicate there are those who fear her confrontational style may antagonise some of the groups but still they are those who favour her blunt approach.

But in the end the members, who will be picked from both sides of the political divide, will on their own pick their chairman.

ODM chief whip Jakoyo Midiwo yesterday told The Standard that the committee could have between 11 and 15 members.

"The lesser the number the lesser controversies we will have," he said.

Midiwo said those who were members of the PSC on Constitutional Review have a better chance of being included in the new team.

"But we will consider those who contributed positively and never used to miss sittings" he said. Insiders in ODM and PNU yesterday said there were names floated to be included in the committee. On the ODM side, names sources mentioned were Deputy Prime Minister Musalia Mudavadi and Cabinet Ministers James Orengo, Anyang’ Nyong’o, Charity Ngilu, Sally Kosgei and Mohammed Elmi.

On the PNU side were Deputy Prime Minister Uhuru Kenyatta and Cabinet Ministers Kiraitu Murungi, Mutula Kilonzo and Moses Wetangula. Others were MPs Abdikadir, Karua, Danson Mungatana and Eugene Wamalwa.

Mudavadi and Uhuru are the two most senior leaders on the list. It is believed that President Kibaki and Prime Minister Raila Odinga could take a back seat and let the two take charge of negotiating who should be in the teams.

But Midiwo, who together with PNU ( Kangundo MP Johnstone Muthama) will present the names, said it was too early to talk about who was on the list, and added that ODM would have a meeting tomorrow to discuss the issue.

"At the moment the issue of names does not arise because the President is yet to promulgate the new Constitution, but we have a parliamentary group meeting tomorrow and the issue will be discussed," he added.

Misguided attempts

Yesterday, Ruto allies termed as misguided attempts to lock out MPs who were in the ‘No’ camp from the committee, on the basis of their position in the referendum.

Mosop MP David Koech, who was the ‘No’ side’s chief agent at the referendum, likened the referendum contest to a vote in Parliament, whose outcome is supported by both sides.

Koech was reacting to Midiwo who sparked controversy when he said Orange MPs who were in the ‘No’ camp would be sidelined from the committee.

"Even when Parliament goes to a division and the ayes have it, the nays automatically join them in the implementation of the Bill," Koech told a news conference at Parliament Buildings yesterday.

The referendum, he added, was not based on a collective party position, but individual decisions.

"Whatever the legislation, when Parliament passes it, and in this case it was the verdict of the people, in a democratic society those who did not support are going to support it and participate in its implementation," Koech said.

He said those arguing otherwise were "playing to the gallery."

Koech said the leaders of ‘No’ team had allowed a contest and conceded defeat, which had "helped the country to redeem our image" following the 2007 General Election fiasco.

Midiwo downplayed the issue of those to be named in the committee, saying it was a committee of the House and all members were eligible to be members.

Immigration Minister Otieno Kajwang said Justice Minister Mutula Kilonzo should not give prescriptions on who should be in the new committee.

Mutula had on Monday said that the current members of the review committee should become members of the new committee.