In his proposal, President Ruto has chiefly asked Parliament to consider creating an office of the leader of the official opposition. It is contained in a memo to speakers of both houses sent on December 9.
The President has also suggested the inclusion of the Constituency Development Fund, Affirmative Action Fund, and the Senate Oversight Fund in the Constitution.
President Ruto has also asked Parliament to solve the question of a two-thirds gender rule, suggestions that would require a referendum to change theConstitution.
A referendum puts the country in a political frame of mind, begging the question of why the President has had a sudden change of heart.
Political pundits are grappling with the puzzle of the source of Ruto’s concerted efforts to stage the law change.
During the campaigns ahead of the August 2022 presidential election, the President vehemently opposed law change suggestions, namedly BBI backed by his rival Raila Odinga and President Uhuru Kenyatta.
On various platforms, he took a swipe at his nemesis, Raila, and his handshake partner Uhuru, accusing them of making the law change a priority at the expense of the needs of common mwananchi.
His allies successfully fought the BBI drive in the courts.
President Ruto campaigned on the premise that the country’s priority was not to "create positions for dynasties" but to address the plight of Kenyans hamstrung by tough economic times.
“For the better part of three years, my opponents subjected us to an absurd process aimed at confusing Kenyans into voting to restore an imperial presidency supported by a court of tribal kingpins who will supervise the Judiciary, control the Legislature and diminish our Bill of Rights,” he said.
The position is documented in the Kenya Kwanza manifesto where the Ruto team expressly stated it (a BBI referendum) was not a choice at the height of the cash flow crisis.
“The choice we have on the ballot is between going forward and implementing it fully or going backwards along the lines of the 70-odd BBI amendments,” according to the manifesto.
As a result, President Ruto’s team said its focus would be on strengthening independent offices, that of the parties’ registrar and granting financial independence to strategic institutions.
“We have been promised that reggae will be back. We must ask ourselves whether we want to go from an election back into political battles, or to focus our energies on getting our economy and development agenda back on track,” he said.
The President added, “It is my firm conviction that our 2010 Constitution is serving us well, and the challenges that remain are largely where we have resisted implementation.”
However, the President has shocked many, including members of his inner circle, with the new push to amend the supreme law.
A number of members of his inner sanctum have intimated to the Star in confidence that the developments were a surprise ‘as there is no constitutional crisis'.
“We have not held a meeting to create a common position… There are some people who have come up with the proposals …but it not yet the UDA position to amend [the law],” an insider said.
The source added that the team is also seized of the fact that very few things can be changed in the Constitution without a referendum but maintained that there is no special push.
“Members have spoken about it. What the party leader did was preliminary. We all agree that ideally, we should have the office of the opposition leader.”
Questioned whether the party was shifting from its earlier position, the official said that was not the case.
“UDA has not changed its position. Our critique was on the process. We respect the Constitution and if there would be any amendments, they would be in line with the process outlined in Articles 255, 256, and 257 of the Constitution,” the insider added.
Most members, the source indicated, were of the view that constitutional amendment is not necessary now.
“We don’t have so much interest in it. Our main worry is to ensure bottom-up works. It is our priority. We want to make people put food on the table.”
Former Mumias East MP Ben Washiali, however, defended the President’s suggestion, saying it was part of the reforms Ruto promised.
“The President said his aim was to ensure all departments including the opposition work for Kenyans. We want to make Kenya a better country, completely independent of external influence,” Washiali said.
To the former lawmaker, President Ruto is “keen on establishing an opposition with a footing in law to critique his leadership".
“I have been a whip of the National Assembly. It is assumed that Parliament is to oversight the Executive. With the majority having been ruled to be from Kenya Kwanza, how effective would they be in oversight of the government of the day?” he asked.
“He [President Ruto] is thus giving those who would like to check his government a proper structure. I presume this is what Kenyans have been asking for — an official opposition with a shadow Cabinet,” Washiali explained.
He added that the office would go a long way to solving the crisis that follows street protests.
“They will be protected by law to ask anything. Very few leaders wish that they make their opponents stronger,” Washiali added.
But questions around the motive have deepened with members of the opposition, who stand to immensely benefit from the law change, expressing jitters with the campaign.
Other quarters have read a hidden hand of forces keen on a Raila-Ruto truce, some calling it a soft handshake.
For the Raila side, the approach should be well thought out, adding that there".
ODM feels that the best way would be to form a team from both sides of the political divide and task them to collect the opinion of Kenyans.
They also say that constitutional lawyers should be heavily involved, saying the changes are “not something for an individual to decide.”
As such, the Raila team is convinced that the President is playing politics, and is not keen on any meaningful outcomes.
ODM chairman John Mbadi asserted that the President "simply wants to avert a situation where he’d be blamed for any failures.
“I don’t think Ruto is interested in amending the Constitution. He is actually playing politics.”
“He wants to demonstrate that he is interested in oversight of his government, hoodwinking the womenfolk on the gender equation and hoodwinking MPs that he is supporting CDF.”
Mbadi went on, “He is playing politics so that if it fails, he will have removed himself from blame.”
ODM further says that the avenues for oversight provided for in the Constitution, including the right to picket, remain in place.
“When they say it is to contain street protests, we need to ask them whether the protests were outlawed. Isn’t it grounded in the law sufficiently?” Minority leader Opiyo Wandayi asked.
Vihiga Senator Godfrey Osotsi laughed off the campaign saying it was ironic, especially coming from Ruto’s team.
"The Kenya Kwanza team told us they will not amend a comma in the Constitution to focus on the economy. What has changed now that they want to stop economic transformation and amend the Constitution?" he asked.
The Law Society of Kenya has added its voice to the debate, holding that President Ruto cannot lead the process.
“The amendments, if pursued by the way of the President's position, the sovereignty of the people of Kenya would be undermined," LSK boss Eric Theuri said.
Theuri said the move by the President should be resisted and condemned by all Kenyans.
(Edited by V. Graham)
