REALLIGNMENT

Intense lobbying at night meetings by MPs led to the deal to scrap the 47 proposed counties and replace them with 25 regions.

But the constitutional review may not be out of the woods yet because the intrigues were so intense that following the changes; some ODM MPs termed them a mutilation of the Proposed Constitution.

Parliament adjourned to allow MPs to attend a retreat to build consensus to smoothen the way for the Proposed Constitution before it is debated in the House, next week.

President Kibaki and Prime Minister Raila Odinga are expected to attend an informal meeting of Parliament on Tuesday, to rally their party MPs to support the consensus document and hopefully give Kenya a new constitution, to end the two-decade quest.

The retreat on constitution making at Kenya Institute of Administration in Nairobi broke the impasse on devolution after MPs resolved to create 25 regions, and abolish the proposed 47 counties. Each of the regions will elect two representatives bringing the number of elected senators to 50.

The MPs propose that Rift Valley be divided into five regions, Eastern (four), Nairobi (one) with three each for Central, North Eastern, Nyanza, Western and Coast provinces.

This followed days of negotiations and lobbying that saw some MPs drift away from their party positions, to coalesce around regional interests and realignments for the 2012 General Election.

MPs held various meetings on Thursday night, some of them running into the early hours of on Saturday. Raila, on the one hand, and Deputy Prime Minister Uhuru Kenyatta and Agriculture Minister William Ruto on the other, chaired separate meetings hours before the 21-member committee that was appointed at the MPs’ retreat could meet at 7am on Friday.

Mutilation of the draft

Raila met ODM representatives and instructed them not to allow any mutilation of the Proposed Constitution. He reminded them that ODM supports the Proposed Constitution as is.

Sources said Raila emphasised the position outlined during its NEC and PG meeting remains ODM’s irreducible minimum.

During the Thursday meeting Raila was said to have specifically instructed his team not to permit the transitional clauses to be interfered with, not to agree to any regions beyond 18; not to allow the senate to be weakened; and not to allow the 47 counties to be deleted or diluted.

ODM lost because the 25 regions were proposed while counties were scrapped.

The meeting that was held at the Prime Minister’s office at Treasury Buildings in Nairobi, was attended by Deputy Prime Minister Musalia Mudavadi, Cabinet Ministers Anyang’ Nyong’o, James Orengo, Paul Otuoma, Dalmas Otieno, Chris Obure, and MPs Isaac Ruto, and Sophia Abdi, among others.

Scrapping of counties

However, the deal on regions and scrapping of counties was mooted at the Uhuru-Ruto meeting on Thursday night at the IBS Centre in Nairobi. At least 30 MPs, representing Eastern, Rift Valley, Central, Western and Nyanza provinces attended the meeting that sources said ended at 1am.

Uhuru and Ruto led the group representing their Central and Rift Valley regions. Foreign Affairs Minister Moses Wetang’ula, Sam Ongeri (Education) and Kiraitu Murungi (Energy) represented Western, Nyanza and Eastern provinces.

Defence Assistant Minister David Musila, who had been picked by the plenary to head a team reviewing the proposal to embrace regions, also represented Eastern.

MPs Abdul Bahari (Isiolo South) and Chachu Ganya (North Horr) represented upper Eastern. Also present were MPs Charles Keter, Robert Monda, Cyrus Jirongo, Joshua Kutuny, Ekwe Ethuro, Linah Jebii and Eseli Simiyu.

Instructively, no ODM MP allied to Raila attended the meeting, at which these changes were agreed.

On Friday, sources intimated the idea for the regions had an easy ride at the plenary after it was floated. Uhuru and Ruto, a Raila ally-turned-critic, were seen occasionally consulting outside the plenary throughout the retreat.

MPs unanimously resolved not to interfere with the transitional provision recognising the National Accord and Reconciliation Act 2008 so that the President and Prime Minister consult on new appointments.

But they decided that all new offices should not be filled until after the next General Election in 2012, with the exception of those offices that are either critical in the next elections or in transitional period.

Institutions that would have to be established immediately include the Supreme Court that is crucial in resolution of presidential election disputes.

They also resolved to have the clause calling for the removal of the Chief Justice after six months of enactment of the new constitution deleted.

The proposals are subject to the amendment of the Proposed Constitution, which is before the House.

Any amendment to the document must garner the support of 65 per cent of all members. The challenge now is how to ensure MPs do not opposed the proposals on the floor of the House.

But the clearest indication the consensus building may still be controversial is that, a section of ODM MPs protested on the sidelines of the meeting at the move to abolish counties.

Said Government Chief Whip (ODM) Jakoyo Midiwo: "My colleagues fear counties, so they want to destroy them. We agreed to seek three tiers of devolution through a strengthened senate, and more devolved funds. A lot of underhand dealings have been going on here."

He said ODM would only give in to attempts to drastically change the Proposed Constitution in Parliament if the proponents of the proposals marshal a two-thirds majority.

Illegal amendments

"Mutilation of the Proposed Constitution can only happen in full session of the House, with at least 148 MPs. We will oppose the move and block such illegal amendments.

PSC chairman Mohamed Abdikadir and his Vice-Chairman Ababu Namwamba said the retreat had made substantial progress.

On Tuesday the proposal for the amendments will be presented but they will require 65 per cent of MPs to pass. Mutula said they had agreed on devolution, the number of senators, MPs, and a formula for delimiting constituency boundaries.

The regions will become special constituencies for women in the National Assembly, meaning there will be 50 women MPs – two each for the 25 regions.

The total number of MPs in the House of Representatives is 352 – three more than the proposed 349.

However, the sunset clause for the special seats is 20 years.

Justice Minister Mutula Kilonzo said: "We are making a constitution for the country not individuals. The country should not be surprised that MPs will reach consensus."