‘Yes’ back to the drawing board

CLIP

The ‘Yes’ team is back to the strategy room to try and turn the tide against ‘No’ team and ensure it finishes first at the Finish Line on August 4.

As part of the tactical manoeuvre, which also entails a process of self-audit, President Kibaki and Prime Minister Raila Odinga will on Tuesday lead the Grand Coalition Parliamentary Group in to trying to disentangle ‘Yes’ vehicle’s wheels from whatever gulley or mud-patch they deem they are stuck in or why they are moving too slow for comfort.

But of utmost significance is revelation the meeting will also be used by a section of the ‘Yes’ wing to float the belated idea of postponing the referendum, ostensibly to allow consensus. Sources told The Standard that some MPs will make a last ditch effort to push for amendment of the Constitution Review Act to facilitate renegotiation of contentious issues.

It also emerged this side will also try once again to fight for consensus on the divisive clauses threatening the birth of a new constitutional order.

"I will try to reach Prime Minister Raila Odinga to brief him on the issue but I will make the proposal at the PG meeting because we would require the help of the two principals if these latest efforts of consensus are to be successful," said Kigumo MP Jamleck Kamau.

A team leader told The Standard the PNU-ODM PG meeting to be held at Kenyatta International Conference Centre would endorse the splitting of the ‘Yes’ campaigns into smaller units.

Hindering its reach

"Team leaders will be allowed to organise and conduct campaigns on their own schedule because there is a feeling that sticking together as one team is hindering its reach," said the highly placed source.

He said they would ask that they be allowed to spread out like the Christian Church, which has split into many denominations and evangelical wings to cover wider areas while preaching the same gospel. This is a reversal of the earlier strategy of unified campaigns led by Kibaki and Raila, whose message was unity of purpose and determination to give Kenya a new constitution.

In another new development, seen to be a bid to stem rising perception Kibaki and Raila had unleashed the State ‘machine’ to harass the ‘No’ side, the PM on Sunday strove to allay fears ministers opposed to the Proposed Constitution would be punished.

Seemingly extending an olive branch to the Reds, even if only to assuage fears he and Kibaki were engaged in gunboat diplomacy, the PM assured Kenyans nobody shall be punished for holding divergent views.

"We are not going to blackmail any Cabinet minister with threats of dismissal for campaigning against the constitution... so long as their campaign is based on facts and they do not incite communities against each other," he said when asked whether he would penalise ministers who use hate speech in their campaigns.

"The ones who have been suspended know the reason they have been suspended and there are records to prove what they said to incite," he added. He, however, called on politicians to focus energies on the Proposed Constitution and stop dragging the 2012 campaigns into the referendum debate.

Good

"We are not dealing with candidates for the presidency in 2012... Kenyans can deal with that at the right time... It is the media which is dragging us to the 2012 campaigns but our focus now is the referendum on the Proposed Constitution," he said, adding: "It is only land grabbers who are making noise. The Proposed Constitution is 99.9 per cent good."

Accompanying the Prime Minister was his wife, Ida who also implored the Church to pass the Proposed Constitution then institute changes later.

In line with ‘Yes’ team’s plan for simultaneous countrywide rallies, Raila announced they would adopt a three-tier approach: national, regional and constituency-based rallies targeting the 47 proposed counties.

As part of the renewed resolve to improve on its housekeeping, Deputy Prime Minister Uhuru Kenyatta, who was target of claims of ambivalence and indifference from Central Kenya leaders, chose to lead from the front as he had earlier promised. He asked Church leaders to compare the current Constitution to the proposed one and make an informed choice at the referendum on August 4. "This constitution is not like the Bible. It can be changed any time in future if need be. But first let us pass what we have," the Kanu chairman advised.

Uhuru, accompanied by Nairobi Mayor Geoffrey Majiwa, Naivasha MP John Mututho and Embakasi MP Ferdinand Waititu rooted for the Proposed Constitution at a Catholic Church function.

Make up their mind

He argued church leaders and politicians should leave Kenyans to make their own mind on the review process.

"I want you to ask yourself as an individual after you have read the Proposed Constitution: Is it good for this country or not? No one should make that decision but you," he said.

It also emerged Vice-President Kalonzo Musyoka will also address the PG meeting scheduled to start at 11 am at KICC. Acting Government Chief Whip Johnstone Muthama sent out the invitations to MPs, The Standard learnt. At the last PG meeting five weeks ago, MPs and ministers deemed indifferent or wavering on the Proposed Constitution were put on notice. Efforts to amend the Constitution have been rejected in the past by both President Kibaki and Raila who argue changes would be made after the document is passed in August.

The ‘Yes’ team led by Kibaki and Raila has insisted politicians opposed to the draft do not want a new Constitution. But in a rejoinder, Higher Education Minister William Ruto, who is leading the ‘No’ side, accused their detractors of insincerity.

"Those alleging that the choice is between the old and the Proposed Constitution are misleading Kenyans because we decided collectively that we are all going for a new constitution," said Ruto. The problem, he said, was allowing desperation from some leaders and blackmail from the international community to pass a disputed document.

Raila, who spoke at All Saints Cathedral, said: "In the ‘Yes’ team we do not have a leader, we have leaders... the country is huge and we need to cover the whole country so that we compare notes on the challenges we are facing."

Set out roadmap

It is interesting that apart from a proposal to amend the Constitution, the meeting will also discuss the need for legislation setting out a roadmap for completion of constitution review. That is exactly what the Church and leaders in the ‘No’ camp have been agitating for since the draft was passed by Parliament in April.

Attorney General Amos Wako then published the Proposed Constitution on May 6, setting the stage for civic education and campaigns for the referendum.

When pushing for amendment, the Kigumo MP will request for the postponement of the referendum and reference of the Proposed Constitution to the reference group for consensus.

Kamau has crafted the Constitution of Kenya (Amendment) Bill 2010 seeking to amend section 47A and also proposes amendments to the Constitution of Kenya Review Act to accommodate consultations and facilitate re-publication of the negotiated draft.

The reference group is a statutory consultative body of 30 representatives chosen by interest groups to facilitate consultations in case of a deadlock on the draft between Parliament and Committee of Experts.