Now MPs take Draft battle back to House

A group of MPs are taking the battle over the proposed new Constitution back to Parliament as it reopens today, raising hopes of finding an alternative to continued fighting over the referendum.

The MPs want the referendum delayed until consensus is found over the contentious issues in the Draft currently being put to the public.

But, calling themselves the Middle Ground, they admitted they faced a daunting task in trying to push through their plan to alter the Constitution of Kenya (Amendment) Act and so pave the way for suspending the poll set for November 21.

The initiative, being spearheaded by Ijara MP Yusuf Haji as the group's chairman and Gwasi MP Zadock Syong'oh as its secretary, includes Kwanza MP Noah Wekesa and Gachoka MP Joseph Nyaga, among others.

But yesterday, Cabinet ministers Raila Odinga and William ole Ntimama, and the Liberal Democratic Party vice-chairman Mr Joe Khamisi said they would oppose the move when it is put before the House.

Mr Odinga said: "We will oppose it, unless they will be telling us that they want to withdraw the proposed new Constitution, return the Bomas Draft and apologise to Kenyans."

Mr Odinga said the Orange No-vote team was waiting to meet the Banana Yes-vote group at the referendum and that no attempt to negotiate would succeed.

"It is an exercise in futility; they are closing the stable doors when the horses have already bolted," he added.

Mr Odinga, who is minister for Roads and Public Works, said Parliament had voted for the current so-called Wako Draft at midnight, and that MPs had shouted at the top of their voices against those who opposed it.

Now reality had dawned, he said, and they were facing the might of people in the country.

"Let them accept defeat and surrender, and that is how wars are fought," the minister added.

Speaking separately yesterday, Mr Ntimama said: "I will not support the motion. I want this referendum to go on until the end. We are not in the middle ground any more ."

And Mr Khamisi announced that two Parliamentary Group meetings – one for LDP and later the party and its partner in the Orange campaign, Kanu, will hold a joint meeting to reinforce their position rejecting any attempts that would lead to the suspension of the referendum.

"The party (LDP) would not support the motion because we have had consultations in our partnership and this is the position: we wanted consensus and they did not want; the time has passed, the document has gone too far, and let people decide."

Contentious issues, which have dogged the review, include the power of the Presidency, and whether or not executive authority should be shared with a Prime Minister; whether or not there should be a two-chamber Parliament; whether devolution should see four or two levels of government; and whether or not Muslim and Christian courts should be included in the proposed new Constitution.

The Yes and No camps have consistently taken different positions on these issues, which have led to the current stalemate, and each group now insists that only the public can arbitrate through the referendum.

The Middle Ground's first step to try to break this stalemate will be to file a motion today with the clerk, Mr Samuel Ndindiri, and if approved by the Speaker, Mr Francis ole Kaparo, it would be sent to the House Business Committee possibly when they meet later in the evening.

Approval by the HBC chaired by Vice-President Moody Awori is not automatic and will depend on other pending urgent business the House will deal with immediately.

However, if approved, the motion will go for debate and if passed, the Middle Ground will then be allowed to introduce a Constitution of Kenya (Amendment) Bill invoking section 37 of the Act to suspend the November referendum.

Mr Syong'oh revealed that the Middle Ground group had already been promised support by 78 MPs, more than a third of the 222 eligible to vote, as a first step in asking the House to allow them introduce the necessary Bill to amend the CKRC Act.

Said Mr Syong'oh: "We are lobbying MPs to come to our side, but it is too early to give details of the motion because we want to ensure it is watertight."

Mr Syong'oh, who is also assistant Trade minister, disclosed that he travelled to Embu on Sunday with Mr Joseph Nyaga, another member of the initiative, to join President Kibaki to lobby for support from key ministers.

"If we lose, I will go to church and pray for Kenya because we are in bad times where women in Nyanza Province cannot sell bananas in the market, and even in Mt Kenya people cannot sell oranges," he said. In addition to the motion, the Middle Ground was drafting the amendment Bill so that when the time comes they present it without delay.

The Middle Ground is taking the review back to Parliament against the backdrop of opposition from both No and Yes sides who have stated publicly that they will go ahead with the referendum.

President Kibaki and ministers Mr Kiraitu Murungi, Mr Simeon Nyachae and Mr John Michuki are among those supporting the new Constitution who have stated that the referendum would go ahead.

Mr Odinga and other ministers opposed to the Draft– Mr Ntimama, Prof Anyang' Nyong'o, Mr Ochillo Ayacko, Mr Kalonzo Musyoka and Mr Najib Balala – have also made it clear they will not go back for talks. 

Campaigns by the Banana and Orange groups in the last three weeks have caused some tension in the country which precipitated fighting in Mt Elgon, Coast, Thika and Garissa.

The violence has prompted calls by some leaders to suspend the referendum and renegotiate contentious issues in the Wako Draft before it is taken back to the referendum.

Nation Media Group last week in a Page One Comment called for the draft to be rewritten, but suggested that if all sides moved swiftly to reach agreement, the referendum could go ahead as planned.

Yesterday, Mr Awori visited the Yes secretariat offices in Nairobi while the No group announced a team to head its secretariat during the campaigns.

Ford Kenya chairman Musikari Kombo is due to hold a meeting today with 20 of his MPs and 44 members of the party's national executive committee to decide on the party's position on the referendum.