Raila Odinga: Ruto's constitutional reforms were covered in BBI

Raila Odinga and Martha Karua

Azimio la Umoja Leaders Raila Odinga and Martha Karua addressing the Press on the up Coming Rallies in Nairobi. 

Photo credit: Pool

Azimio la Umoja One Kenya boss Raila Odinga has accused President William Ruto of doublespeak after the latter issued four proposals to be addressed through a Constitutional Amendment.

In his memorandum to the National Assembly Speaker Moses Wetang’ula and Senate’s Amason Kingi on Friday, the Head of State wants the Parliament to engage in a law reform which will address four issues- the gender rule, the National Government Constituency Development Fund, the position of the Leader of Official Opposition and parliamentary oversight of the Executive.

But in a statement on Sunday, the former Prime Minister says that what the United Democratic Alliance (UDA) party leader is proposing now could have been cured by the Building Bridges Initiative (BBI) which President Ruto vehemently opposed.

Mr Odinga questioned President Ruto’s motive by reintroducing a matter that he had asked Kenyans not to support.

"The memorandum of President William Ruto to the Speakers of both the National Assembly and the Senate proposing several amendments of the Constitution of Kenya is puzzling to many Kenyans and myself as it undoubtedly seeks to re-introduce the same matters that had for many months been suggested by the Building Bridges Initiative."

"For a similar period, the same had been vehemently opposed by Mr Ruto when he went around the country campaigning in the years 2018-2021. I find it puzzling because the memorandum presents these proposals without any recognition of the fact that the BBI reports, which are official government documents, contain all these proposals coupled with the rationale why these suggestions had been found to be necessary by the people of Kenya who participated in the process," Mr Odinga explained.

The Azimio chief says that "Ruto has appropriated the views of these people and speaks of the proposals as his own."

Mr Odinga has asked President Ruto why he would want to amend the Constitution while he had said during the BBI campaigns that such processes are for Kenyans and not leaders.  

"But further than that, in making these proposals, he falls foul of the same demands he made and used to lead the challenge against BBI. These demands, all stated personally by himself, are: That a president cannot initiate constitutional amendments that all proposals for amendments to the Constitution must start with the people and that the process of amendment must be people-driven," said Mr Odinga.

The former Prime Minister says that since the proposals made by President Ruto were in the BBI, he would not support the process. He asked the President to do what he asked for during the BBI campaigns.

"Had Mr. Ruto been honest about the BBI proposals, everything he has suggested in his memorandum would be law today. 

I will not be hypocritical about his memorandum as far as the content of the proposals is concerned because these are BBI proposals. However, they cannot be presented as he has done, and neither can they be processed through the procedure that he is prescribing. He must comply with the same imperatives that he demanded of the BBI process," he said.

Mr Odinga further says that on his return from his United States trip, the Azimio legal team will interrogate the President's move. He said that consultative forums will continue.

"On return from the US, we will continue consultations with the leadership of Azimio, the legal team and the people of Kenya to agree on how to deal with this about-turn by Mr. Ruto, on top of the resolutions passed at our December 7, Kamukunji forum," said Mr Odinga.

Mr Odinga’s legal advisor Paul Mwangi asked President Ruto to explain to Kenyans why he now supports a course which BBI was dealing with.

"Why was it not a good idea when proposed by BBI? When did it become a good idea?” Mr Mwangi posed.

President Ruto packaged his campaign messaging to show that Mr Odinga who was being supported by former president Uhuru Kenyatta and had no meaningful agenda for Kenyans. He accused Mr Odinga of vying for the presidency so as to reintroduce BBI and create more positions for ‘dynasties’.

 “Those who are competing with me have no clear agenda. They are interested in changing the Constitution so that they can share positions instead of how to change the lives of ordinary Kenyans. Do you want to vote for someone who wants to change the constitution or one who wants to change the economy?” President Ruto posed in January during a campaign trail.

Concerns have emerged on why President Ruto is initiating a process which he vehemently opposed.  

Constitutional experts told the Nation that since President Ruto wants to introduce the position of Leader of the Official Opposition, Kenyans will have to go for a referendum since it is not a matter which can be cured through Parliamentary amendment.

Based on the Court’s findings on the BBI, they have argued that President Ruto is allowed to initiate a law reform process through a parliamentary initiative and not a popular initiative.

Constitutional lawyer Bobby Mkangi argues that the creation of the office of the Official Leader of Opposition will interfere with the country’s governance system which is presidential, hence the matter should not be left to lawmakers. He said that Kenyans must have a say on it through a referendum.

“This is a misnomer in our system of governance and it has no justification. It is going to affect how the Parliament works as well as the functions of Parliament. It is also going to touch on Article 1 of the Constitution and when you interfere with the structure of the Constitution, it is a grave issue which Kenyans have to determine,” said Mr Mkangi.

Although lawyer Peter Wanyama is of the view that the Supreme Court ruling on BBI complicates the process of changing the Constitution, his colleague Charles Kanjama argues that the President is allowed to initiate such a process through a Parliamentary Initiative.