Advertisement

Law review beckons for Kenya as ‘Bridge’ team starts work

Saturday May 12 2018
uhurao

President Uhuru Kenyatta and Opposition leader Raila Odinga, a few days after they held talk on forging a united Kenya. Independent lawyers and civil society observers contend that the constitutional review is inevitable. PHOTO | NMG

By ERICK ODUOR

A 14-member team of advisers that Kenya’s President Uhuru Kenyatta and opposition leader Raila Odinga assembled have hit the ground running seeking to build bridges as a campaign for a constitutional review to alter the country’s governance structure gathers steam.

Last week, Mr Odinga told his Orange Democratic Movement (ODM) party to prepare for a constitutional review process, which, if adopted, would herald a new governance structure involving whittling down the powers of the presidency and creating the position of prime minister.

“Addressing some of these issues may require changes to some of our laws and even amendments to the Constitution. When that time comes, we must be bold enough to pick up the challenge as a matter of duty to the nation,’’ Mr Odinga told the party’s National Executive Council last week.

But his proposal has caused ripples in the ruling Jubilee Party, with allies of Deputy President William Ruto, who is President Kenyatta’s heir-apparent, arguing that the deal with Mr Odinga is meant to influence succession politics.

There have been a flurry of meetings between Kenya’s top leaders, which insiders say could lead to formation of new alliances to push through a referendum to change the Constitution before the 2022 succession politics takes shape.

Independent lawyers and civil society observers contend that the constitutional review is inevitable since all the leading politicians had promised Kenyans in 2010 referendum that that amendments would be done in future to address loopholes in the country’s supreme law.

Advertisement

According to constitutional lawyer Prof PLO Lumumba, amending the constitution is inevitable due to weaknesses that have been witnessed in the country’s governance structure, mainly devolution, where Kenyans are not reaping full benefits of devolved governance.

“Revisit the remarks that were made by our leaders. Tell us what President Kenyatta, Mr Odinga and Mr Ruto said. All of them said the document had some issues, which can be addressed in future amendments,” Prof Lumumba told journalists in Nairobi.

Civil society lobby Kura Yangu Sauti Yangu (My Vote My Voice) has also been meeting to prepare a memorandum that they will present to the team on the needed for constitutional reforms to address the perennial conflicts every election year. The civil society has already been presented by a proposal on a parliamentary system of government of a one-term president serving for seven years.

Three-tier governance

Mr Odinga has proposed a three-tier governance structure to address the loopholes that have been pointed out in the devolution where billions of Kenya shillings are lost to weak structures, inefficiencies and corruption.

“On this agenda of great national importance, we are prepared to work with old and new allies in the opposition and in government as we have done in the past. ODM must take its rightful place in driving Project Kenya and the birth a new nation within the next one year, together with other like-minded parties and leaders.”

Last week, Mr Odinga met “building bridges to a new Kenyan nation” team of advisers to brief them on their assignment to pave the way for them to come up with a roadmap on a nine-point agenda, which has been placed before them will be achieved.

Once the team finalises its work, President Kenyatta and Mr Odinga will begin countrywide tours to popularise building bridges to a new Kenya initiative.

The team that heads to a retreat this week to craft the roadmap, is expected to advise President Kenyatta and Mr Odinga on how they deal will ethnic antagonism, inclusivity, strengthening devolution, fight against corruption, insecurity, lack of national ethos and ensuring shared national prosperity.

A Member of Parliament has already prepared a Bill to alter the country’s leadership structure to usher in a powerful Prime Minister’s office and a ceremonial presidency in what is seen as ploy to extend President Kenyatta’s stay in power.

According to the Bill by Tiaty Member of Parliament Kassait Kamket, a prime minister who will be the leader of Majority party in Parliament will be the leader of the government and a president will be elected by a joint sitting of parliament.

Advertisement