President Uhuru Kenyatta and ODM Leader Raila Odinga are slowly considering the move forĀ a consensus in The Building Bridges Initiative (BBI).
The report that was recently launched at the Bomas of Kenya in Nairobi by President Uhuru and Raila, though well received by majority of the political players, has attracted opposition from Deputy President William Ruto and his allies.
Uhuru and Raila, who at first opposed opening the report for further amendments now appear willing to listen to the dissenting voices and incorporate more views.
The two leaders were on a charm offensive last week in Naivasha where they addressed 300 pro-BBI Senators and MPs, whom they entrusted with ensuring that the report sails through when it is presented to Kenyans for a vote.
But Uhuru and Raila had to agree to some demands by the leaders from the Senate and National Assembly.
Senators wanted the BBI proposals on the House rephrased while MPs wanted the National Government Constituency Development Fund (NGCDF) included in the report and be anchored in the Constitution. The court has declared NGCDF unconstitutional, arguing that the countryās governance system only recognises national and county governments as entities that should be responsible for public funds.
āWhen the president and former prime minister came to Naivasha, we requested that some editing be done to strengthen the Senate while MPs wanted the NGCDF anchored in the Constitution. This was approved as a basis for our support,ā said Makueni Senator Mutula Kilonzo Jr.
The president and ODM leader have been meeting various stakeholders to drum up support for the report. They have met political party leaders Kalonzo Musyoka (Wiper), Musalia Mudavadi (Amani National Congress), Moses Wetangāula (Ford Kenya) and Machakos Governor Alfred Mutua (Maendeleo Chap Chap). They have also held talks with women and churches over the document.
National Council of Churches of Kenya (NCCK), Law Society of Kenya, women leaders, Independent Electoral and Boundaries Commission (IEBC), Judiciary, People Living with Disabilities (PLWDs), among other stakeholders, have voiced their concerns about the report.
Yesterday, Raila met with representatives from the pastoralist communities in Nairobi led by Senate Majority Leader Samuel Poghisio, the National Treasury Cabinet Secretary Ukur Yatani and Garissa Town MP Aden Duale.
Although a section of the leaders were initially opposed to the BBI saying they would only support it if their views were considered, they appeared to change tune yesterday after āRaila promised to look into their concernsā.
I appreciate having had a robust and candid discussion with leaders from pastoralist communities. Their views on the BBI process that they expressed support for are welcome and shall be taken into consideration as we formulate the way forward for our country. We have agreed to have a technical team to go through their issues,ā Raila said after the meeting at a Nairobi hotel.
Today, the president and ODM leader are expected to address the 47 governors and Members of County Assemblies (MCAs) in Naivasha. The county bosses and MCAs have laid down their demands, which they say must be addressed before they support the BBI.
The issues include the place of the second term governors beyond 2022, the increase of allocation of funds to counties from 15 to 35 per cent and how much of the countiesā budget should be given to the proposed ward development fund.
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Ruto has been calling for consensus on the composition of the Executive, political partiesā role in nominating commissioners to the IEBC and the gender rule.
āPastoralist Parliamentary Group (PPG), NCCK, women, Senate and other stakeholders want consensus on the BBI. It is a contradiction to want to amend the Constitution while refusing to amend a mere BBI report. It is defeatist to build walls to shut others out while purporting to build bridges,ā the DP tweeted yesterday.
Elgeyo Marakwet Senator Kipchumba Murkomen welcomed calls for consensus.
āWell done. Glad you have rescinded your earlier hardline position that BBI wonāt be amended. Now letās amend the document to capture concerns of pastoralists, devolutionists and Judiciary then pass BBI by consensus. We donāt want us versus them attitude. Letās reason together as Kenyans,ā Murkomen said.
Constitutional lawyer Waiganjo Kamotho called for clarity on the process to clearĀ doubts of the public.
āWe need to know if the Constitution of Kenya (Amendment) Bill, 2020 will go to the people in its present form or it can be altered. If it can be changed, then this can be the window to accommodate emerging issues. The other Bills can be drafted by the Kenya Law Reform Commission before being presented to Parliament,ā Waiganjo said.
The pastoralist community, comprising of 40 MPs, governors, Cabinet Secretaries, Chief Administrative Secretaries and MCAs met with Raila and agreed to back the report.
Under the Frontier Counties Development Council and PPG, the group last week identified 11 key issues they wanted addressed if they were to back the report.
Yatani said the pastoralist community has a big stake in the constitutional discourse of the country.
āWe as a community have resolved to support BBI in totality. The president has always had the interest of our people and we have a special place in his heart. So we fully support the BBI,ā he said.
Jubilee Liaison member Adan Keynan (Aldas) said they resolved to present their issues to Uhuru and Raila.
PPG chairman Alois Lentoimaga (Samburu North) said they want the equalisation fund be continued for another 20 years. The leaders also requested for the establishment of the Livestock Market Authority.
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