Let's meet at the ballot, Raila tells BBI critics

ODM leader Raila Odinga has shut the door on any new BBI proposals and announced the referendum will provide an opportunity for support or rejection.

The referendum is shaping up as a 'yes' versus 'no' battle. 

Speaking on Sunday after meeting governors from Nyanza and Western counties in Kisumu, the former Prime Minister told critics of the Building Bridges Initiative to make their views known in the plebiscite.

But even as Raila was rooting for a referendum, Deputy President William Ruto said it is time the government shifts its focus to mobilising resources to fight the worsening Covid-19 situation.

"The wave of Covid-19 is clearly ravaging our nation with alarming increases in infections and deaths. The pandemic is killing  people including health workers while destroying livelihoods. We should stop everything and mobilise every human, material and financial  resource to fight," he said in a late evening tweet.

But Raila, who was accompanied by Cabinet secretaries Fred Matiang'i (Interior) and Eugene Wamalwa (Devolution) said many BBI critics are not sincere and just want to derail it.

Raila said the process of amending Constitution is democratic and whoever has issues can vote 'no'.

“It is going to be a democratic process, we welcome those who have issues. Let us meet on the field, let the people decide. The people at a critical moment will make the right choice,” he said.

The AU Infrastructure  special envoy reiterated that this week they will start collecting signatures. He expressed confidence they will marshal the requisite one million signatures and get approval from 24 county assemblies.

The ODM chief termed as propaganda claims BBI recommendations will create an all-powerful President, saying  purveyors of that narrative are the stumbling blocks to change.

“I have been part of the struggle for reforms and change and I will never be party to any amendment that will create an imperial presidency,” Raila said.

 "Naysayers are always there, even in the Bible. Concerning the 2010 Constitution, some claimed it was legalising abortions, introducing gay marriage,"he added.

On the proposed creation of a Judiciary Ombudsman, the former premier said the office will benefit most Kenyans who will be able to lodge complaints about judges and court officials. The President will appoint the Ombudsman, which critics say give the President too much power.

“The Ombudsman is for the benefit of wananchi who want to complain against Judiciary,” he said.

Raila also denied claims the introduction of a prime minister and two deputies will further bloat the government.

“I was Lang'ata MP and my primary salary was for being an MP. I only earned allowances for additional executive duty. This is reducing cost, not increasing it.

Critics argue the three positions come with huge expenses of office operations, staff and other things.

In a clear indication that local administration — regional, county and subcounty commissioners as well as the chief — will play a critical role, Matiang'i announced the next step is collecting one million signatures.

“After successful deliberations, governors from Nyanza and Western  agreed to support BBI without any reservations," Matiang'i tweeted.

Raila is taking a hardline position despite many Kenyans, including the church and civil society, calling for more time to build consensus.

It is understood President Uhuru Kenyatta is between a rock and a hard place.

On one hand, Uhuru risks running into trouble with his handshake partner Raila, who opposes any changes.

On the other hand, the President is faced with the problem of ignoring the growing clamour of many stakeholders who want more time to build consensus and change the report.

Resistance is growing.

Many Kenyans want the President to shelve the referendum and prioritise critical issues, such as mobilising resources from NHIF to cover Covid-19 treatment.

The push for a referendum follows reports that the NIS carried out a survey and found that a referendum has only 19 per cent support countrywide.

The NIS has confided to the Star that the discouraging report is with the President.

Uhuru and Raila have until end of June next year to push for the constitutional changes, otherwise, it will collide with preparations for the 2022 General Election.

“It is morally wrong to push for the referendum when the country is facing a lot of challenges," Tharaka Nithi Senator Kithure Kindiki said.

The ex-Senate Deputy Speaker and Ruto ally said while other countries are working round the clock to sustain their economies hit by Covid-19, Kenya is the only country with wrong priorities — seeking to amend the Constitution

“Why all this haste, deadlines and ultimatums? Why are the sellers of BBI telling us their referendum should be held by April next year? Where is it decreed or written that two years (2018-20) is the time  to make such fundamental changes? Why can't it be done in 2024 after taking on board what the farmers, religious institutions and others are saying?” he asked on Sunday.

What is afflicting the country is failure by those who have been trusted to implement the 2010 Constitution,  which is among the most progressive.

“BBI is a book of lamentations authored by people who have the power to do the things they are asking Kenyans for solutions to. If only we had people committed to our Constitution, we would not find ourselves in this shameful situation,” he said.

Kindiki said if Raila and Uhuru used dirty means to pass the amendments, there is no assurance they will occupy the positions they are creating through BBI.

“Be advised that in the very unlikely event at you bulldoze these unpopular changes and have them passed using crude brute force, there is no guarantee you are the ones to occupy those positions you are creating.

"[You're] mocking a helpless public struggling with massive unemployment and an almost dead economy that was doing badly even before the coronavirus pandemic came to finish it off,” Kindiki said.

Narc Kenya leader Martha Karua said it's wrong to start collecting signatures when people are yet to get and read the report.

Karua said priority should be given to fixing the Independent Electoral and Boundaries Commission ahead of 2022.

“What signatures are being collected when people don’t know what it is about? County assemblies too need to understand the proposals . We must reject BBI and demand we t fix the electoral body before the next election,” she said.

She warned there is 'poison' in it.

Makueni Governor Kivutha Kibwana said the BBI proposals do not warrant amending the Constitution.

Experts are split on whether there is room for further changes to the bill as published in the BBI report.

Constitutional lawyers Otiende Amollo, Bob Mkangi and National Assembly Constitution Implementation Oversight Committee chair Jeremiah Kioni (Ndaragwa MP) hold that the Bill is passed as published.

“Tinkering with the Bill would mean changing what the million signatures agreed with at the presentation to the IEBC,” Mkangi told the Star.

Amolo said, “It means a million Kenyans support it so you don’t have authority to amend it. You just either agree with it or not.”

“Eventually the test is: do the majority of Kenyans also agree with it or not?” the Rarieda MP said.

“Once published, the Bill goes as it is. If you open up the window, you will end up opening the door,” Kioni said.

Parliament, a key cog in the BBI process, could be forced to get further interpretation from the court on how to deal with the dilemma.

National Assembly clerk Michael Sialai said whether MPs can amend the Bill after it’s published is "a grey area".

“If certain amendments don't require referendum, they should be published separately," the clerk said.

He said they are looking forward to the Referendum Bill, 2020, - due to be concluded before December recess - to help resolve the trouble.

There are talks between the two speakers for the referendum Bill to be concluded without delay.

(Edited by V. Graham)