Odhiambo Orlale and David Mugonyi
27 March 2007
Nairobi — MPs yesterday took the first step towards unlocking the constitution review deadlock when they recommended an Inter-Party Parliamentary Group-type team to work on minimum reforms.
The Government named a 12-member team to negotiate with 10 members from the Opposition on the reforms to be adopted before the General Election later this year.
Members of the Government of National Unity came up with the names during a meeting at Kenyatta International Conference Centre, Nairobi.
Ex-officio members
The team members are Cabinet ministers Martha Karua, Charity Ngilu, Raphael Tuju and Simeon Nyachae. Attorney-General Amos Wako and Kabete MP Paul Muite will be ex-officio members.
Others are assistant ministers Moses Wetang'ula, Stephen Tarus, and Ali Wario and MPs Jimmy Angwenyi, Abdi Haji, Nderitu Gachagua, Kirugi M'Mukindia and G.G. Kariuki.
Vice-President Moody Awori, who chaired the meeting, said there was need for minimum reforms for the country to move forward.
But the much anticipated meeting between the Government and Opposition on law review did not take place.
Mr Awori said yesterday's meeting was only meant for members of the GNU to come up with their negotiating team, which would later meet with those from the Opposition.
Meanwhile, the Government yesterday published two Bills which are necessary to conclude the review.
The first one, the Constitution of Kenya Review Bill 2007, establishes structures to the work while the other, the Constitution of Kenya (Amendment Bill) seeks to change the Constitution to insert a new section, 47A, and provide the procedure for replacing the Constitution with a new one.
ODM team leader, Nominated MP Mutula Kilonzo, welcomed the Government's change of heart on demands for minimum constitutional reforms, and hoped that the gesture was genuine.
However, Mr Kilonzo said it was "unfair and inequitable" for the GNU to have two more members than the Opposition in the review team, saying in any negotiations, the members should be equal for good faith.
Reading the Budget
He said the minimum reforms should be debated and passed by Parliament before mid June, when the Finance minister, Mr Amos Kimunya, will read the Budget.
"This will ensure that the President does not call the elections after we pass the Budget before Kenyans get the reforms," he said.
But speaking at an ODM rally Loitokitok in Kajiado, presidential aspirants Raila Odinga, Musalia Mudavadi and William Ruto said they would only hold talks on the constitution review if the Electoral Commission of Kenya is reconstituted.
President Kibaki named nine new members to the ECK, a move that was criticised as having disregarded the IPPG deal.
At the GNU meeting, the majority of the members, by a show of hands, backed talks on minimum reforms.
Mr Awori opened the meeting and later invited Ms Karua to talk to the MPs.
Sources at the meeting said Ms Karua highlighted the steps her ministry had taken to jump-start the review talks.
She recounted how she formed the Multi-Sectoral Review Forum last August as a vehicle to spearhead the completion of the review before the General Election.
Ms Karua also talked about the two Constitutional Bills.
And in apparent reference to ODM Kenya, Ms Karua said nobody should bring conditions to the negotiating table.
Mr Muite took the MPs through the 11-point minimum package arguing that they were issues addressed in the Bomas and final drafts of a new constitution.
He said the 50 per cent plus one clause did not originate from the committee but was an issue in Bomas and the Draft Constitution rejected by Kenyans in 2005.
The Kabete MP said the committee on Administration of Justice and Legal Affairs began work before Ms Karua attempted to jump-start the review.
He said whereas some people felt a new constitution could be in place before the elections, it could not be made operational, and that was why his committee drafted minimum reforms.
However, sources at the meeting said that Internal Security minister John Michuki's attempts to question the legitimacy of the Muite committee were rebuffed by members, who said its mandate included the Constitution and it was on that basis that it drafted the reform package.
However, sources said some of those who spoke opposed the provision for the next President to score 50 per cent plus one of the total votes cast.
Those who opposed it included Foreign Affairs minister Tuju and Assistant ministers Peter Kenneth, Wetang'ula, Asman Kamama and Petkey Miriti.
Sources said Cabinet ministers Ngilu, Kiraitu Murungi and Henry Obwocha and assistant ministers Mwangi Kiunjuri, Bonny Khalwale and Kembi Gitura supported calls for minimum reforms. MPs William Kabogo and Nderitu Gachagua also backed the calls.
Mrs Ngilu told the meeting that the Government had promised Kenyans a new constitution and since that was not possible (before the elections) then minimum reforms should be enacted to level the playing field.
She said the clause to stop poaching of MPs from the Opposition was good because the Government was trying to kill democracy.
Taking control
Mr Murungi told his colleagues not to fear minimum reforms, especially the 50 per cent plus one clause, arguing that the Government needed to take control of the reforms and not to be seen to be intransigent.
Mr Obwocha said the Government should accept the reforms and spearhead them.
Mr Tuju said although he accepted minimum reforms, 50 plus one per cent the clause would favour ODM Kenya in case of a fall-out.
Assistant minister Maalim Mohammed wondered what would happen to MPs from the Opposition who had joined the Government if minimum reforms were enacted with the provision that such individuals lose their positions.
When asked whether they had discussed ODM and the Muungano wa Katiba lobby groups' "non-negotiable" demands, the VP said they had not done so.
"This was a purely parliamentary initiative. We have given the 12 members of our team the mandate to go out and meet with the other group, Mr Awori said.
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