Nairobi — Five MPs on Tuesday threw their weight behind the proposals by the Naivasha team to create 80 new constituencies. The lawmakers also backed the proposal to retain the Kadhi's court in the new Constitution. This came against a backdrop of emerging contention on the two issues.

Addressing a noon news conference at Parliament buildings, the MPs said the Parliamentary Select Committee which met in Naivasha to refine the draft, must have had a reason to do increase the numbers.

Dujis MP Aden Duale (ODM), Lugari's Cyrus Jirongo (Kaddu), Ainamoi's Benjamin Lang'at (ODM),Igembe South MP Mithika Linturi (Kanu) and nominated MP Mohammed Affey (ODM-K) took issue with recent remarks by Prime Minister Raila Odinga that the country's economy cannot support 80 new electoral units.

"It is the right of the regions of this country to get new constituencies," said Mr Duale. "Let's not bring in the economy as that will mask the key issue which is representation."

The Dujis MP said the cost factor for new constituencies should be left to 'experts" who understand what's going on.

Mr Jirongo added: "Those saying that the proposed constituencies are too many should give us a basis for saying so...the PSC had a formula for making their proposals."

Mr Langat said that inasmuch as it was expensive to set up new electoral units, "everything good must come with a price attached to it."

Since the proposal to have a 349 member National Assembly was mooted, the public opinion has been against the creation of 80 new constituencies, in layman's lingo, more MPs drawing their huge non-taxable perks from the Exchequer.

However, the MPs said those opposed to the increase were "selfish politicians" taking a "populist stance" on the crucial issue of equality of vote.

"Equity and equality must be looked at very seriously," said Mr Jirongo. "The economy must not hold in some areas and not hold in others."

Mr Linturi added that some politicians had brought in the cost-factor without understanding how the matter will be beneficial to the people in the long-run.

The MPs then shifted their debate to the fledgling threat to the new Constitution that the contention of the Kadhi's court has become.

They urged the Christian clergy to 'cede ground" and allow the Muslims to practice their religion. The lawmakers added that there was no threat posed by the inclusion of the courts in the Constitution as it only safeguarded Muslim rights in handling "family matters."

The Kadhi's Court handles succession, divorce and marriage affairs among the Muslim faithful.

Mr Affey, a Muslim, said the Christian clergy ought to understand that by pushing for the "no-vote," then their mission to get rid of the courts from the Constitution will be futile.

"Even if they say no, it does not mean that the Kadhi's court will be expunged from the current Constitution," said the nominated MP.

His sentiments were echoed by Mr Linturi and Mr Duale who asked the Christian clergy to "cool down" and allow for consensus-building.

"If they really do not understand what the mandate of this court is, they should sit down and engage with their colleagues," Mr Linturi said.

But even as the lawmakers backed the PSC's position, they added that it was appropriate for the politicians to keep off the debate as it would make consensus-building "difficult".

They explained the contradiction of them issuing their statements on Tuesday, while calling on their colleagues to keep off, as "positive comment."

"Our time will come. We don't want to start fighting about the document even before it comes to Parliament. (Such fighting) will kill the spirit of consensus-building," said Mr Duale.

Mr Jirongo took the typical politician's stance explaining the contradiction as arising from "two categories of politicians."

"There are the selfish ones and the non-selfish ones...politicians as Kenyan citizens have a right to comment positively on national matters as long as the selfishness is removed," the Lugari MP said.

Representation took a lot of time in Naivasha last week, where the PSC was discussing the constitution, as the lawmakers only agreed after an expert presentation. The Kadhi's Court on the other hand was not contested.

On Tuesday, at an informal gathering at Parliament buildings, an MP who attended the Naivasha meeting was overheard accusing the Christian clergy of being selfish by seeking to reduce the rights of their Muslim brothers. The MP said the clause that "life begins at conception" was inserted in the PSC draft to "please" the Christians, even though the issue of when life begins is still under scientific contention.

With Tuesday's press briefing, one can be sure that the back-and-forth political circus on the draft Constitution has began. Whether it derails the whole process depends on the merit or the arguments as well as the political clout of the personalities involved in the debate.