NO WAY

President Kibaki and Prime Minister Raila Odinga on Thursday evening failed to agree on key contentious issues in the draft constitution after a four-hour meeting of the grand coalition management committee.

They shifted the search for a compromise to the Parliamentary Select Committee retreat set for Sunday.

Mr Odinga, however, said that substantial progress on some of the major sticky issues had been made “but finer details will be sorted out by the PSC” at the Naivasha retreat.

President Kibaki and Mr Odinga jointly chaired a four-hour coalition management committee meeting aimed at seeking consensus before the draft law goes to referendum, but sources told the Nation not much was agreed on due to hardline stance by some members.

ODM and PNU are sharply divided on how the country should be ruled.

Mr Odinga’s ODM wants a Parliamentary system, with the Prime Minister wielding executive power as proposed in the draft put forward by the Committee of Experts, while President Kibaki’s PNU wants executive power retained by the president.

On Thursday, the divisions forced the management committee, which is supposed to address issues affecting the coalition and resolve differences to leave it to the Parliamentary Select Committee on the Constitution led by Mr Abdikadir Mohammed.

“The two sides of the coalition have agreed that all the contentious issues should be resolved through negotiations in the Parliamentary Select Committee session in Naivasha,” Mr Odinga said.

Sources at the meeting said Mr Odinga and the President asked the members to put the country first in discussing the contentious issues, adding, they expected nothing short of consensus in the Parliamentary Select Committee when their members go to Naivasha retreat.

However, the two sides are said to have stuck to their positions during the talks.

Mr Odinga, who read the resolution to journalists after the meeting in the company of President Kibaki, however, assured Kenyans that they are committed and optimistic that the constitution review process will be finalised “in due course for the benefit of all Kenyans.”

“The two principals have mandated their respective teams to ensure that the negotiations are conclusive because Kenyans have waited for a new constitution for a long time,” Mr Odinga said.

The 27-member Parliamentary Select Committee, which comprises 14 MPs from PNU and 13 from ODM starts a one-week retreat in Naivasha on Sunday to try and reach consensus on the contentious issues to facilitate easy passage of the constitution in referendum.

Mr Abdikadir has warned that if the leaders do not agree, the referendum could be divisive and spark chaos.

Among those who attended Thursday’s meeting at Harambee House were deputy prime ministers Uhuru Kenyatta and Musalia Mudavadi, Cabinet ministers Mutula Kilonzo, Beth Mugo, Charity Ngilu, James Orengo, Yusuf Haji, Moses Wetang’ula and Mohamed Elmi.

Others were Chirau Mwakwere, assistant minister William Cheptumo, the management committee joint secretaries Kivutha Kibwana and Miguna Miguna and Head of Civil Service Francis Muthaura and permanent secretary Mohamed Isahakia (Office of the Prime Minister).

Agriculture minister William Ruto did not attend.

The group accompanied President Kibaki and Mr Odinga during the press briefing shortly before 8pm.

On Wednesday, the two parties differed on the revised draft with each party accusing the other for the stalemate. PNU has maintained that it will push for an executive system that has a single centre of power.

It has indicated it will only accept a PM if the country adopts Tanzania’s model of government, where the President is the Head of State and Government and appoints a Prime Minister who is leader of government in Parliament.

PNU is also against the Senate idea, noting, the matter was still under discussion.

The party has also indicated that it will push for members of the National Assembly to be elected directly in a move that denies women 47 proposed seats.

After 2012 elections

PNU also want the new law enacted only after the 2012 elections saying that changes needed for conduct and management of elections can be done through amendments to the current Constitution.

PNU is particularly against a transition clause indicating that the proposed constitutional and supreme courts should be established one year after the enactment of the constitution.

They also oppose a new provision extending the term of the Interim Independent Electoral Commission.

On Devolution, ODM says power and resources must be devolved and dispersed to ensure that the government is closer, responsive and accountable to the people.

The party said devolution should be in tiers — national, regional and county levels — to achieve equity for all in development.

The revised draft has removed regional government and only retained national and county after Kenyans indicated the new government structure would be too costly. Kenyans gave their views during the 30-day window period to do so.