- Atandi noted that Ruto is mostly likely trapping lawmakers into interfering with the presidential term limits.
- Otiende explained that it is a matter that will alter the composition of parliament thus can only be resolved in a referendum.
Image: JOSIAH ODANGA
Three Siaya county politicians on Saturday cautioned the National Assembly to be careful when handling President William Ruto's proposal to introduce the Office of the Opposition Leader.
The politicians are Siaya governor James Orengo, MPs Otiende Amolo (Rarieda) and Samuel Atandi (Alego Usonga).
Speaking at Ruma Primary School in Rarieda, the elected leaders claimed that Ruto is a cunning politician whose intentions must be interrogated carefully especially when they appear to be very good.
"It is very dangerous for a sitting president to come into the office and begin talking about amending the constitution," Atandi said.
The outspoken legislator noted that the head of State is mostly likely trapping lawmakers into interfering with the presidential term limits.
Accordingly, Atandi called on his colleagues to handle Ruto's proposal with an extra level of caution.
"He behaves like somebody who wants to hide his intentions by pretending to be very nice. Once you enter the trap he begins to introduce some of the archaic measures that are capable of undermining the fabric of our constitution," Atandi expounded.
On his part, Otiende, who is a senior counsel, said that the parliament has no power to give a green light for the entrenchment of the official office of the Opposition Leader.
Otiende explained that it is a matter that will alter the composition of parliament and thus can only be resolved in a referendum.
"If you look at Article 255 (of the Constitution of Kenya), the question of the introduction of the office of the Leader of Opposition necessarily affects the composition of parliament. Anything that affects the composition of parliament must go to a referendum," he said.
To Otiende's surprise, he noted that the Building Bridges Initiative (BBI) Constitutional Amendment Proposals had intended to introduce the said office by the then Deputy President (Ruto) opposed it.
He said that if Ruto has now come to accept the botched BBI Constitutional Amendment drive then he is welcome but on the terms of Kenyans; not the executive.
If we are going to a referendum, we will not with a single issue, Otiende said.
He explained that he and those who think like him will include all the good things which were in the BBI.
Also, the former Ombudsman said that Ruto's other proposal to have Cabinet Secretaries (CSs) appear in parliament to answer to queries is a decision that can be resolved only through a referendum.
He said that CSs are strangers to the August house and to have them appear before legislators can only be effected by way of a constitutional amendment by the people.
"We must look at the proposals with a pinch of salt," Otiende concluded.
Orengo, a veteran legislator reiterated Otiende's sentiments saying that parliament cannot be entrusted to bring the office of the Opposition Leader.
"Parliament is a wrong body to change the constitution because over the years we had a very good constitution from Lancaster but it was messed up by parliament," he said.
Orengo said that there is no problem in changing the constitution but that the will of the people must reign supreme.
He urged parliamentarians not to allow the Ruto-led executive to put its head in "the constitutional tent".
Orengo said that the 2/3 gender rule that Ruto is also talking about is already in the constitution and that there is no need to talk about it again.
The trio argued that it is only the proposal to have the issue of the National Government Constituency Development Fund (NG-CDF) resolved that can be squared by Bunge.
Last Friday President Ruto in correspondence to parliament urged legislators to see to it the establishment of the office of the Leader of Opposition.