The Building Bridges Initiative may not recommend a constitutional referendum after all, the Star has established.
Instead, the 14-man task force will make recommendations on the strengthening of various laws, including constitutional changes in Parliament without taking Kenya to a public vote.
This may be an anti-climax for Opposition Chief Raila Odinga and his brigade that have been rallying Kenyans to reject the Punguza Mizigo Bill and wait for the BBI.
The feeling in the task force chaired by Garissa Senator Yusuf Haji is that they had no mandate to review the Constitution, which needs a referendum to change.
“It was not part of our work. We will submit our report to the appointing authority with recommendations on what Parliament and the Executive should do both administratively and strengthening laws that we already have,” a member of the task force, who asked not to be named, told the Star.
The team was constituted by Raila and President Uhuru Kenyatta following their March 9, 2018 handshake.
Ethnic antagonism, lack of a national ethos, inclusivity, devolution, divisive elections, security, corruption, shared prosperity and responsibility were some of the broad issues identified as part of their mandate.
Sources said the team is recommending expansion of the executive to introduce the position of Prime Minister and two deputies through purely parliamentary amendments without a referendum.
This means the Prime Minister will not have executive powers.
Today, Kisumu Governor Anyang’ Nyong’o, a key Raila ally, will launch his book, making a strong case for a change of the Constitution to a parliamentary system of government.
Raila, himself a strong advocate of a parliamentary system, will be present during the public lecture at the University of Nairobi.
On divisive politics, sources said the team will recommend that politicians stick to issue-based politics and avoid tribal rallying.
In this regard, the IEBC and the office of Registrar of Political Parties will be empowered to monitor and take action on individuals violating the election laws.
On ethos, the task force has reportedly recommended that the Ethics and Anti-Corruption Commission and the National Cohesion and Integration Commission and the Office of the President as a symbol of national unity take lead role in entrenching national ethos.
It also recommends that EACC and NCIC be funded to carry out civic education.
To guard against exclusivity and entrenched tribalism in government, the task force is recommending that the Executive ensures key positions are distributed across ethnic groups.
The culture of the lion share going to the communities where the President and the Deputy President come from should be deliberately eliminated.
To entrench inclusivity, the team also proposes that Public Service Commission should deliberately look into composition of civil service to reflect the face of Kenya.
On devolution, the team recommends that money should follow devolved functions. It recommends that the Treasury should release county cash on timely basis.
On graft, the team says it should not be politicised and wealth gotten through corruption must recovered.
The task force is finalising the report which will be handed over to Uhuru and Raila on or before the October 24 gazetted deadline.
It was not part of our work. We will submit our report to the appointing authority with recommendations on what Parliament and the Executive should do both administratively and strengthening laws that we already have
The revelations came just days after Uhuru’s confidante and Speaker of the National Assembly Justin Muturi said that the BBI had no mandate to review the Constitution, a remark that has caused disquiet in Raila’s camp.
Muturi, a long-time friend of the President, said the 14-member task force was to investigate the reasons for so much hatred and lack of peace after every other general election.
“It did not state anywhere that they were to push for a plebiscite,” the National Assembly Speaker said.
Muturi said Kenyans should not be misled that the BBI was pushing for constitutional amendments.
“I think in our own imagination, we have given them a job they are not supposed to do. After their report is handed to President Uhuru and Raila, the two will know what to do next,” he said.
The Speaker said any amendments to the Constitution have to root through either a parliamentary initiative–which does not require a referendum–or a referendum where at least one million signatures would be required.
“BBI was not collecting signatures but the views of the public, so let us not be worried. In case there is a constitutional change, then Kenyans must be consulted," he added.
The development is likely to ignite a huge political debate, especially in the face of Raila’s campaigns for Kenyans to support the BBI process.
The ODM leader as well as his lieutenants have been making rallying calls for Kenyans to support the BBI process at the expense of Thirdway Alliance leader Ekuru Aukot’s Punguza Mizigo bid.
Actually, the expectation – as per the ODM leaders’ word, is that the BBI will propose a shift from the presidential system in favour of a parliamentary system to address inclusivity.
Raila has always assured his supporters that “referendum to amend the 2010 Constitution is inevitable”, saying that the BBI team will recommend restructuring of the structure of the government.
His camp wants the expansion of the Executive to create the position of Prime Minister - who will be the head of government, and two deputies.
This, according to the opposition, will ensure more communities are represented in the national government.
A top-ranking government official also dismissed the assertions, saying it would not be easy for Uhuru’s backers to accept a parliamentary system.
“Who lied to those angling for a referendum that the BBI would propose a new structure of government? That is a dream,” the official told the Star in confidence.
Besides Haji, the other members of the task force are political scientist Adams Oloo, Busia Senator Amos Wako, Agnes Kavindu, Saeed Mwanguni, and Florence Omose, Morompi ole Ronk, Peter Njenga and John Seii.
Also in the team are James Matundura, Lawi Imathiu, Samburu Woman Representative Maison Leshomo, Rose Museu and Zacchaeus Okoth.
Martin Kimani and Paul Mwangi, who are joint secretaries, are responsible for briefing the President and Raila, respectively, on every step of the report writing exercise.
The task force was required to develop policy, administrative reform proposals, and implementation modalities for each identified challenge area.
Contacted for comment yesterday, ODM said Muturi’s remarks were “reckless and unfounded”, especially for a leader holding a critical position of Speaker.
ODM secretary general Edwin Sifuna said the nine issues identified by Uhuru and Raila some will have to be addressed through constitutional change.
“The document has the issues that are to be addressed and Kenyans have also included other issues and we are waiting to read the report. Muturi talked recklessly,” he told the Star.
He added: “In fact the House is unconstitutional and he should support all ventures that we want to address the challenges facing Kenyans.”
