Ruto dilemma.

Ruto's big dilemma as Uhuru, Raila move BBI process to IEBC

The plan to forward the BBI signatures to IEBC next week throws Ruto into catch-2022

In Summary
  • Raila has dashed Ruto's hopes for a multiple choice referendum saying that would confuse illiterate Kenyans.
  • The DP has maintained that a real options referendum would present Kenyans with an opportunity to make choices on what they like and reject what they don't want.
ODM Leader Raila Odinga speaks during the signature collection activity at the Daraja house on December 4, 2020.
ODM Leader Raila Odinga speaks during the signature collection activity at the Daraja house on December 4, 2020.
Image: CHARLENE MALWA

The dilemma facing Deputy President William Ruto over the BBI referendum has deepened with over 5.2 million signatures set to be submitted to the electoral commission in a week's time.

The submission of the signatures, collected in a record five days, essentially means Ruto's set of demands has been rejected, further isolating him from the centre of power.

Ruto, the country's second in command, has said he will not be leading a 'No' campaign to avert a direct confrontation with his boss, President Uhuru Kenyatta who is supporting the BBI push.

However, the DP's camp has made demands, including having the referendum and the 2022 General Election held on the same day as part of his conditions to back the plebiscite.

On Friday, BBI secretariat co-chairmen Junet Mohamed and Dennis Waweru announced that the signatures will be submitted to the IEBC within a week.

Junet, a key Raila ally and Waweru, a diehard supporter of the President publicly scolded Ruto for his conditions.

"In the next one week, we are going to ensure that the signatures have been submitted to IEBC, "Waweru said

Junet said Ruto is free to spearhead his own constitutional review process.

"We shall not look back...the croaking of frogs can't stop cows from drinking water,"Junet declared.

Key parliamentary leaders also vowed to vanquish Ruto's bid for a multiple-choice referendum by enacting a law providing only a closed Yes or No plebiscite.

Speaking while receiving the 5.2 million signatures in Nairobi, opposition chief Raila Odinga also declared that the BBI train had bolted from the station.

Raila said those opposing the referendum should join the No side instead of making what he termed unrealistic demands.

“Let the ballot decide, if you have the numbers, we shall accept defeat and you should also be ready to accept if we defeat you,” Raila declared when he received the 5.2 million signatures from regional coordinators.

Raila who spoke at Daraja House, the BBI secretariat offices where he officially closed the signature collection exercise, said Kenyans are not ready for a multi-choice referendum which he said will be confusing.

Raila said the signature collection was a major success and signals a very strong seal of approval.

"
In a couple of days, we move to the IEBC to hand over these signatures for verification and necessary action. We expect the IEBC to equally move with speed as Kenyans have done and released the process to the next stage," Raila said.

This could dash Ruto's hopes of any consensus-building around the referendum issues or processes to guarantee what he has termed a win-win situation that does not further divide the country.

Raila said already, the current election with six ballots has been a problem, adding that the IEBC wants the polls staggered so that elections of governors and senators are separated from those of President, member of Parliament, and MCA.

“There are those saying that let us have a multiple-choice referendum like the KCPE exams. Kenyans who are illiterate can't manage that, adding another seventh ballot, for an illiterate voter, that would be asking for too much,” the former prime minister said.

In a swipe at Ruto who has been pushing for consensus in the referendum push, Raila said that was just a fallacy as a referendum in its nature entails competition.

“As a veteran politician, I am not aware of a referendum that has no opposing sides. There is nothing like a contested referendum there must be two opposing views, there is no way there will be no opposition,” Raila maintained.

The DP has insisted that a multi-choice referendum would be the most viable way to give Kenyans an opportunity to reject some proposals and vote for those they appreciate without saying Yes or No to the whole bill.

On Thursday night Ruto cited countries such as Liberia, New Zealand, Peru, Ecuador, and Switzerland which he said have managed to hold a multi-choice referendum.

“It is not something which is far fetched. Presenting a multi-choice referendum will actually be giving the Kenyan people the latitude to make a decision on an article by article basis and it is actually the best way on how we should fashion our referendum,” he said.

The DP's only remaining hope to force more referendum questions appeared to be dashed after key Parliamentary leaders backing the referendum said they will ensure the law to guide the referendum will provide for a single question.

“We are going to mobilize our numbers in Parliament to make sure the referendum bill that we are going to pass does not provide for multi-choices like KCPE,” said National Assembly Minority leader John Mbadi.

Junet insisted that the National Assembly will reject any attempt to sponsor any other referendum bill apart from the one being crafted by the JLAC committee.

“The only bill that we know and which we are going to support is that by the Justice and legal affairs committee, that bill will give us only one choice in the referendum,” Junet said.

Senate Minority leader James Orengo said the Constitution is clear that the popular initiative process to amend the constitution will present a bill which shall be voted as a single item at a referendum.

“Judging from the numbers we have now it appears we will continue to dance reggae for some time than they thought, it is going to be a single question,” the Siaya senator said.

The DP who met his allies at the official residence of the deputy president in Karen on Wednesday said the country cannot afford to go into a divisive referendum through a Yes and No referendum.

Ruto said his team would push through parliament a proposed law to guide the conduct of a referendum which they said would guarantee Kenyans real multi-choices and not just a Yes or No option.

And on Thursday, the DP said there is no legal framework supporting the process so far, only falling short of terming the process illegal.

“We are all in this process... it will be clear, we don't have a legal framework that is supporting this process like the 2005 and 2010 referenda,' Ruto said in an interview with Citizen TV on Thursday.

But the DP is on the horns of a dilemma on how to deal with his support bases in President Uhuru's Mt Kenya backyard where the looming referendum threatens his fortunes.

Various key leaders from Mt Kenya have joined the BBI bandwagon, leaving a few of the DP's remnants in the region walking a political tightrope.

On Friday, National Assembly Majority leader Amos Kimunya said Raila was welcome across the whole of Mt Kenya region as many times as possible because a 'covenant is in the offing.”

“You can visit Nyeri, Murang'a, Nyandarua and even in Thika we are waiting for you next week because of that covenant we shall fulfill,” Kimunya said.

He went on: “The train has left the station and can't wait for anyone, let those who want to board run and catch up with us in the next station,” Kimunya said in a blistering attack on Ruto.

Kiambu MP Gathoni Wamuchomba said President Uhuru remains the kingpin of the Mt Kenya region and wherever he will signal them to go politically, they will.

“Let no one cheat anyone that he has the support of Mt Kenya region when the President will give the signal that is where we shall all of go to,” she said.

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