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Kenyan MPs clash over Constitution

BY ANTHONY KAGIRI
Updated : 169days and 17 hours and 39 minutes ago

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NAIROBI, Kenya, Mar 17 - A consensus building retreat on the proposed Constitution got off to a divisive start with the Party of National Unity (PNU) and the Orange Democratic Movement (ODM) trading barbs over contentious issues.

ODM pulled out the first card by demanding the return of three levels of devolution (National, Regional and County) as originally proposed by the Committee of Experts instead of the two tiers in the current draft.

Minutes after the retreat opened, ODM Chairman Henry Kosgey convened a news conference and stated the party’s “bare minimums”. He said the party would be fighting to retain a powerful Senate and shove off proposals to relegate it to the lower House.
 
PNU however accused ODM of engaging in sideshows which will hinder consensus building.  ODM was initially opposed to the retreat and has been fronting the adoption of the document as it is.

PNU on the other hand wanted amendments made to increase the number of counties, the removal of a clause demanding fresh vetting of judges and another one stating that the President shall consult the Prime Minister in making appointments to constitutional offices and the public service.

ODM now wants at least 35 percent of the revenue raised by the Central government devolved, with 20 percent going to the regions, 10 percent to counties and five percent to the constituency. Mr Kosgey said the party would push for amendments to the chapter on land.

Opening the crucial talks, Speaker Kenneth Marende told members to avoid hard-line positions and approach debate with an open mind. He said although no amendments to the proposed Constitution can be made at the forum, MPs ought to remain consistent with the resolutions that will be adopted, and avoid shifting positions when the House resumes next Tuesday.

“Resolutions made in this forum will be persuasive rather than binding. However being the honourable members one would expect that once persuaded will remain persuaded and therefore persistent until delivery,” he said.

Chairman of the Parliamentary Select Committee on the Constitution Review Abdikadir Mohammed reminded MPs of the critical part their deliberations will play in the review process.

“The weakest link to the review process is political. However it is also its biggest hope. Parliament is the one institution other than the referendum that has the mandate to make a critical vote,” he said.

Vice Chairman Ababu Namwamba told his colleagues that the country was looking to them to close ranks on divisive issues.

“Every process needs leaders that are willing to stand beyond the obvious and ordinary,” he said naming ethnicity and selfish party interests as key blocks to the success of the process.

“This country is crying out for leadership; this process is crying out for champions.”

 
Comments (26) posted
sue (May 19th, 2010, 12:10 PM)
plz kenyans,be sure you stand on your feet lest u stumble on wat u dont like i.e "yes" "no"
 
benaa (March 22nd, 2010, 4:56 PM)
A story is told of a lady who went to till her land or is it the man's land that is far away from the village. She went along with a baby girl who was stiil suckling. She placed the baby under a shrub shed only for a baboon to take off with it to top of a tree. You can imagine how distraught the women became seeing the baboon playing with her baby on a dangling tree branch!Politicians appear to have stolen the constitution and we are at their mercy on how they are handling it. Baboons also eat meat. It could decide to eat the baby!
 
seif mugais (March 22nd, 2010, 3:35 PM)
Its high time that our leaders realise dat this country needs to move forward n not showcaste their powers n interest of the worldly things.
 
edwin shimenga (canada) (March 21st, 2010, 6:14 PM)
A devolved system is the way to for kenya.This will ensure equal distribution of resources unlike in the past where regions which benefited were mainly from powerfull political leaders.Here in canada they have the same kind of devolved system which is great and give people more say in what they wonna do with there resources ..thats my opinion and put in mind there is no perfect constitution..but thats the way to go .instead of letting our "goons"(MPs) to decide for us .They are just so corrupt.God bless our beautifull country Kenya.
 
kidaha peter (March 18th, 2010, 8:46 PM)
wat is it wt the new constitution anyway, these guyz a just fighting 4 their intrest
 
Adagi Collins (March 18th, 2010, 3:19 PM)
The Mps need to discuss the proposed constitution with a clear conscience. Putting in mind that this are the views of the 'ordinary mwananchi' n any attempt to go against the wishes of Kenyans wnt go down well with the electorates.
 
kamasasa (March 18th, 2010, 2:04 PM)
I am really enjoying the drama which is unfolding in the retreat. Last week ODM ambushed PNU by voting against the retreat, PNU cried foul. So ODM saw some sense in the retreat, so it obliged after some heavy persuasions. Yesterday again ODM ambushes PNU with federalism, the same song from PNU continues crying foul. All the time it has been PNU ambushing, but this time round, they are fixed in a corner.....let drama continue but at the end of all this fiasco, i need a new constitution!
 
nduati zakayo (March 18th, 2010, 8:41 AM)
I dont think this parliament is the ideal to give us a new constitution to vote on. Am afraid the process has so much political interests which is not favourable.
 
Ofuyo (March 18th, 2010, 5:20 AM)
As somebody said this thing "constitution" is so close yet very far. Some of our MP's are honest but some are self seekers. It is all about 2012, some wanted to make this referendum as a measure of political might but the opponents became smart now they are changing position to suit themselves. We are not looking for a new const. to fix Raila but to achieve good governance. The experts have come up with a document from the people why cant we give it a try if it fails then we can go back to the drawing board and if it works then we'll have a happy Kenya.
 
njuguna mwangi (March 18th, 2010, 12:43 AM)
Why would someone oppose the vetting of judicial officials? Why is anyone against the provision that the President consult with the PM with respect to appointment of public officials? And why would someone root for a weaker senate? If all these were achieved, how would Kenyans be better off? There will not be agreement on these issues. It is a waste of time and funds. Someone does not want Kibaki to consult in public appointments. Kibaki will retire in 2 years, and constitution will not! And what if Kibaki suffers another stroke after the Draft is amended to read that the president will not consult on public appointments... what will the proponents of this amendment have achieved?
 
mwema (March 17th, 2010, 7:51 PM)
oooh ye my dear ODM show them,go go go.or let it be passed as it is,PNU you asked for it,its now on your tables.eheheheheheh
 
goon (March 17th, 2010, 7:26 PM)
We need a constitution. Not shouting matches from pilfers of public coffers in the guise defending peoples interests.
 
Abdulakrim (March 17th, 2010, 4:46 PM)
Thomas am glad to read views like yours from a kenyan.That which yuo have written is the truth and nothing but the truth,SO GOD help the review process!!
 
collins Etisi (March 17th, 2010, 4:44 PM)
you MP'S just know we people are looking at what you are doing hence will mark your fate for 2012
 
David (March 17th, 2010, 4:38 PM)
Satan has invaded our hon. mps. pls our hon. members go back to parliament for debate. we are tired of sideshows all the time. Let the doc be passed the way it and pple decide to pass it or reject it.
 
Give me my country (March 17th, 2010, 4:35 PM)
The PNU hawks thought they are going to try making a constitution to fix Raila and the ODM. We need a constitution to fix the country. Kenya needs more devolution not less. Yes give us the regions and let them keep their Kenya in Nairobi. People are fed up.
 
opiyo onunga (March 17th, 2010, 4:31 PM)
As human being, we are bound and have in common 3 things,Morrality,ethics and conscience in guiding our behavior in the society, When would the so called Honourable members stop political hooligans,CoE has given out the peoples verdicts on the nature of constitution they preffer,these experts are none partisan and i believe they have done their work dilligently and proffessionaly. Can some of these PNU and other rebelling ODM MPs come back to their senses !its not time for settling political scores .The civic society should mobolise Kenyans regardless of tribal,religion or cultural background to teach the MPs a lesson,we are tired of the divisionary politics based on tribal line ,please give us a break,we like the constitution the way it is and in case of anything amendments can always be carried out later
 
onunga moses (March 17th, 2010, 4:05 PM)
It is very obvious that there is a hiden a genda over the constitution review by both parties, ODM and PNU,to save the country from another embarassment,retaining the draft the way it is would be the most neutral way to to strike a balance over this stalemate,other amendments could be carried out latter when the tension is down.This is the time we need leadership from the two principles.The succesion politics should never be entertained on such crucial matter
 
Thomas (March 17th, 2010, 3:39 PM)
The key reasons for amendment of the current constitution are 1. abuse of power by the presidency 2. inequitable distribution of resources among others; therefore someone suggesting feeble checks on the presidency and lukewarm devolution of resources must be serving their own intersts which are incongruent with the rest of the population
 
Richard Manyalla (March 17th, 2010, 3:26 PM)
please you people pretending 2 b our leader's can you give us a break and spare us all this agony of being frustrated to be proud of our beloved Kenya.
 
Joj (March 17th, 2010, 3:15 PM)
PNU thot it would be easy or ODM will make it easy they might as well pass it as it is and stop wasting time as the showdown already happened in PSC retreat. I agree 35% should be devolved and stronger, focussed units be asked to handle evrything while teh national goverment handles national issues.... other than fear there is nothing wrong with devolution Nairobi has had it why not the rest of the Country..
 
Nkimemia (March 17th, 2010, 3:02 PM)
What Kosgey is doing is tantamount to pulling childish antics by revisiting the utopian levels of devolution. I thought it was largely agreed that 3 levels would be unsustainably expensive to run. Again, committing such huge sums of money to devolved units without first sorting out capacity issues at the grassroots and accountability monitoring mechanisms would be counter-productive. Such monies would either routinely be returned to Treasury or it would end up in the pockets of the few corrupt elites and their political co-conspirators. We need to start small and devolved units need to be encouraged to generate own revenues in order to enjoy greater autonomy. While i do not quite support the subordination of the Senate to Parliament, I think it would serve democracy a lot of good if the MPs candidly reviewed the number of Counties to ensure fair representation - its a fundamental tenet of democratic governance. They also need to re-entrench the role of civil society and the public in governance processes. The country isn't owned by politicians alone. We all have equal rights. I wish they could set aside their parochial inclinations and do us proud.
 
Isedorius Agola (March 17th, 2010, 3:02 PM)
I think the MPs would do kenyans good by first of all passing the document as it is so that ammendments are made later and should not be pegged to Raila or Kibaki.
 
CHARLIE (March 17th, 2010, 3:02 PM)
ODM go to hell!
 
rao (March 17th, 2010, 2:37 PM)
And who is surprised that they are grumbling? That is why they should have had all these discussions in Parliament. These two parties will never agree unless they want pay increaments.. Waste of public time and money. ODM - you love public grandstanding and chest thumping too much. it is not helping Kenya. PNU - you will oppose for the sake of opposing even if there is a point to move Kenya forward Guyz get a grip, we are getting tired of this nonsense...We want that constitution and then move on to Agenda 4 which if you do not work on.... Kenyans eventually will decide what to do with you....
 
sirengo (March 17th, 2010, 2:35 PM)
We need a devolved system that caters for the needs of ordinary person , not greedy politicians. as ordinary Kenyans we have to monitor our resources closely. It's not going to be business as usual ,as in the past. Give us the regions and counties,powerful senate to check the executive ,legislature and judiciary. as a Kenyan that's what i want
 
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