BBI: ‘Yes’, ‘No’ teams bristling for a fight

It is 2010 all over again. Protagonists in the referendum debate are aligning themselves to their respective ‘Yes’ and ‘No’ camps, with politicians gearing up for a hotly contested plebiscite. 

And yesterday, ODM leader Raila Odinga told off in strong words those opposed to the Building Bridges Initiative (BBI) constitutional change drive.

While Deputy President William Ruto, Amani National Congress (ANC) leader Musalia Mudavadi, the church, members of the county assemblies (MCAs), governors and pastoralist communities have called for changes to BBI report before the referendum, Mr Odinga and leaders allied to President Uhuru Kenyatta have said the document should be voted on as it is, with the option of opposing or endorsing it, as a whole.

“It is going to be a very democratic process. We welcome those who have got issues with it. Let us meet in the field. And let the people of Kenya decide. And my view is that the people of Kenya, at a critical moment, will make the correct decision,” said Mr Odinga after he met Western governors in the company of Interior Cabinet Secretary Fred Matiang’i, and his Devolution counterpart Eugene Wamalwa.

Mr Odinga said the BBI team will start collecting signatures this week, slamming the doors shut for any further amendments.

Read: Leaders back BBI report in public, secretly oppose it

The ODM leader, whose ‘ Handshake’  with President Kenyatta bore the BBI process, debunked what he said was propaganda of the creation of an imperial presidency and rejected calls to have the proposed judiciary ombudsman appointed by the chief justice and not the President, arguing that such a move will defeat the purpose of having someone oversight the courts.

He also rubbished accusations that the creation of a prime minister’s post and two deputies will create a bloated government, saying the BBI will actually reduce the size of government as ministers will be appointed from Parliament while the two deputies will come from among ministers.

“I have been part and parcel of the struggle for reforms and change. I will never be party to any amendment that will re-create an imperial presidency,” Mr Odinga said. While Dr Ruto, teaming up with the church, had opposed the 2010 Constitution citing its provisions on the Kadhi’s courts, as well as abortion and proposed land reforms, they are now against the BBI for its proposals to involve political parties in the appointment of electoral commissioners; the proposed Kenya Police Council; the proposed Judiciary ombudsman, and whether or not the position of a PM and two deputies solves the flawed winner-take-all system. Belgut MP Nelson Koech, a close ally of the DP, wondered why Mr Odinga was pushing for the BBI proposals to go through without amendments, “ignoring the voices of the church, the Senate, women, the MCAs, and even governors.”

“What is the rush, anyway? This is now our document. It will govern Kenya, not Raila alone. We know that Raila is pushing these changes fast to generate momentum for his own interests politically. We will not give him that. We want a non-contested referendum that addresses issues of Kenyans,” said Mr Koech.

Huge constituency

He added: “There is just a huge constituency that is calling for an amendment to this document that cannot be ignored.”

In their statement at the Subukia Shrine in Nakuru on Friday, Catholic bishops opposed the powers given to the president in the BBI report, rejected the expansion of Parliament by 38 members, involvement of political parties in the selection of electoral commissioners, and formation of Kenya Police Council, which they said risks the existence of civilian oversight enshrined in the 2010 Constitution.

“To give the president the power to appoint the prime minister and the two deputies risks consolidating more power around the president thereby creating an imperial presidency. This amendment could be creating the same problem it set out to solve. It is very important to stick to the principle of separation of powers, for it is the backbone of democracy,” the Catholic Bishops said. They insisted that the document should be reopened for debate.

“This is not about political competition, it is not about for or against, yes or no, and it is not about 2022. . . It is about consensus,” the Bishops said in a statement read by Archbishop Philip Anyolo, the chairman of the Kenya Conference of Catholic Bishops. Yesterday, Kericho Senator Aaron Cheruiyot said: “To the clergy, you have made your point on BBI. It is now up to the modern day kings to choose what to do with your proposals. If they choose to ignore you, just get on your knees and pray. It won't be the first time proud kings are humbled and sent away.”

But Jubilee Secretary General Raphael Tuju, insistent that he was voicing the party’s position, dared Dr Ruto and his allies to oppose the referendum even as he accused them of  plotting to derail the process.

Read: Uhuru, Ruto backers differ on Building Bridges Initiative

“Nobody stops them from collecting signatures and bringing the amendments that they want. But they should not ride on this BBI process and insist that everything has to be premised on it. It is crazy,” Mr Tuju said.

Have consensus

He added: “After August, it will be one year to elections and therefore we can’t have a referendum. Some of the people who are trying to agitate that ‘let us wait, let’s have consensus’ had two years to make their contributions. Essentially that looks like what they want to do is to derail the process. They want to run the time so that it becomes no longer feasible to make any referendum changes.”

Mr Tuju said Kenyans were free to reject the document at the ballot: “Let us agree and disagree with it. The good thing with a referendum is that people can say Yes or No. That’s the point of going for a referendum. This question of having a non-contested referendum is a fallacy. It’s like saying you want an election which is not contested then how is it an election?” he said.

But while other faithful have expressed reservations with the BBI, the Archbishop of the Anglican Church of Kenya Jackson Ole Sapit has rooted for the document saying it has many positive proposals that if passed will solve many problems Kenya faces.

“If those senior positions are shared among various tribes, more communities will be represented and it will solve the issue of inclusivity. The psychology of Kenyans is that we always want to see one of us at the negotiating table,” said Archbishop Sapit while meting ACK bishops from across the country in Kisumu.

By Patrick Lang’at, Rushdie Oudia and Justus Ochieng’