REVERSE GEAR IN NAIVSHA; PSC TRYING TO SHORTCHANGE KENYANS ON THE CONSTITUTION

By Beauttah Omanga

Some members of the Parliamentary Select Committee appeared to engage reverse gear on consensus on pure presidential model, throwing the second round of their retreat into confusion.

Some members of the House committee on review upon which President Kibaki, Prime Minister Raila Odinga and a key committee of Cabinet thrust the task of forging consensus on contentious clauses, yesterday literally made one step backward.

PSC members at the Great Rift Valley Lodge in Naivasha, on Tuesday. photo: Antony Gitonga/Standard]

Calls were made for a model hinging on the current all-powerful presidency whose critics argue compares well with imperial royalty. This push, largely by Party of National Unity side, was met with Orange Democratic Movement’s declaration it is a presidential system checked by strong and effective devolvement of power, or it would

Support a parliamentary system.

An exasperated PSC chairman, Abdikadir Mohammed, who had earlier assured Kenyans 90 per cent of the work had been covered and the team would hand over the amended draft to the Committee of Experts on Friday, conceded the team’s progress had been jolted.

"Even though we had concluded the Executive Chapter, we have been forced to revisit it due to some reasons. But we are making progress and we are optimistic we shall reach consensus on all issues, including the contentious ones by the end of tomorrow," said Mr Abdikadir.

The smooth-sailing witnessed since Monday when PSC regrouped was also said to have been rocked by a fresh demand by a section that the President in its adopted model, be however, allowed to pick half of the ministers from among MPs.

The differences in the retreat were also fired up by fresh disagreement on the number of regions, with PNU asking for 33 and ODM sticking to 18, as previously agreed. Sources revealed this has undermined the PSC’s work and no single Chapter has been comprehensively covered.

No deal

The PM’s advisor on Coalition matters Miguna Miguna, who is a member of ODM’s technical team and is also in Naivasha, penned an opinion piece in which he revealed there has been no deal on the system of government.

Miguna, who, however, does not sit in the PSC meetings, said: "The PSC meeting in Naivasha has yet to firmly agree on the system of government because no signed and dated document has been released to the public showing such agreement despite the media hysteria."

He went on: "Even the parliamentary system is still on the table. The consensus on the ‘pure’ presidential system was tentative; ODM only agreed to it on two conditions: That proper checks and balances be inbuilt into the system to prevent abuse and misuse of power; and secondly, a well-structured and functioning devolution be integrated in the architecture of the system."

He cautioned that unless those two issues were addressed no deal would be realised because PSC, "would have created an imperial monarch; a more dangerous animal than the imperial mongrel presidency we currently have".

Those objecting to the pure presidential system threw PSC meeting into a spin after igniting debate for the better part of the afternoon insisting the discussions on the Executive be re-opened.

Key chapters

They engaged also in arguments over the mode of devolution. "Some argued against the creation of regional governments and demanded devolution be based on the distribution of resources to counties," revealed a member.

The group also came up with fresh demands on almost all key chapters already dealt with. Those opposed to pure presidential system agreed by the PSC last week beat an about-turn and demanded the president under this model be allowed to appoint 50 per cent of his Cabinet from outside Parliament. There were, however, reports late in the night that PSC later agreed to let the President appoint half of ministers from among MPs who must then relinquish their seats.

The debate extended to lunchbreak when an MP was overheard telling his colleague inserting this provision could attract a public backlash.

"What is so unique about us Kenya that we must have a pure presidential system? We are the first people in Africa trying this idea," charged an MP.

A colleague retorted: "We simply cannot do away with it now since it is already popular with the public. "

Those pushing for fresh changes to pure presidential system also said it was bad because leading politicians would lose interest in national politics, as some might opt to gun for regional assembly slots.

"PNU’s argument is that the more the regions the easier it would be to implement central government policies, but ODM countered 18 regions with decentralised power and resources was better for the country," said an ODM MP.

It was PNU proposal the regions be increased for better distribution of resources, but ODM maintained the country needs fewer regions, strong enough to check the Executive.

Those who supported the creation of more argued it would give regions economic power because of fair distribution of resources.

They pegged their argument on the fact that regions would, through the constitution, be allowed to recruit its own workers among them the police and teachers.

"It was argued each region has its own unique needs, hence need to empower each to decide the kind of police force required,’’ explained MP.

Allocated regions

The source said the PNU side also wanted constituencies used, as the basic units of devolution while ODM preferred the regions.

The MPs also differed on the percentage to be allocated to regions from central government budget. While it had been agreed last Friday at least 20 per cent of the national budget be distributed to regions, PNU changed tune and reduced the percentage to 12 per cent, claiming the economy would not sustain the higher figure.

"PNU’s position was resource allocation should be based on regional contribution to the Gross Domestic Product, but ODM wants linear sharing of resources across regions," said the source.

ODM side argued if the method was to apply regions like North Eastern and parts of the Coast would continue to lag behind in development because they were under-developed and lack of resources.

Briefing the Press inside the venue and in company of all the 26 members, the chairman said the committee has so far handled 95 per cent of the Revised Harmonised Draft.

During the briefing, Abdikadir said the PSC was at times forced to seek political consensus ahead of focusing on specific chapters to avoid a stalemate. He clarified that contrary to media reports, PSC had adopted the recommendations as proposed in the Revised Harmonised Draft on land.

"We have not deleted sections of the draft on land as reportedly," said the chairman.

"The Judiciary and other key areas on the Executive are still under review. We will look at them and link them to the system of government we have agreed on to create means of how it would work harmoniously, he said.

Meanwhile, by late last evening reports from Naivasha indicated that PSC had agreed a president be elected by a 50 per cent plus one majority, should not be an MP, and serves a maximum of two five-year terms. They also agreed chairs of parliamentary committees be elevated to the same status of ministers.

They also agreed the leader of the largest party in Parliament will be named the majority leader while the leader of the oppositions in the House would be the minority leader.

Both offices would be recognised and granted the requisite status.