Raila fights to stop split in ODM over BBI

Orange Democratic Movement (ODM) leader Raila Odinga plans to meet with rival party factions that have clashed on whether Parliament can amend a Building Bridges Initiative (BBI) Bill to change the Constitution.

The conflicting positions by members of his inner circle threaten to derail the BBI’s Constitution of Kenya (Amendment) Bill 2020, which seeks to, among other things, expand the executive and create 70 more constituencies.

Mr Odinga’s legal adviser and BBI Secretariat joint secretary Paul Mwangi has insisted that Parliament had no right to reopen the BBI Bill as it will render the process illegal with the risk of it being thrown out by the courts.

“I’ve personally advised Mr Odinga, as his legal adviser, that if he allows the reopening of the document, that will be the end of BBI. Parliament has to come to terms [with the fact] that its role here is not final. It’s the people who will have a final say on the document,” Mr Mwangi said.

But other party bigwigs, led by Senate Minority Leader James Orengo and Rarieda MP Otiende Amollo, see a possibility of the House opening up the document. They insist that “Parliament is not a rubber stamp”.

Mr Odinga was to hold a meeting with the two factions at his Karen home yesterday, but it was cancelled as the two lawmakers were attending a retreat of the joint parliamentary legal affairs committees at the Windsor Golf Hotel and Country Club in Kiambu County.

A source told the Nation that the meeting is now likely to take place tomorrow or on Thursday after the committee, which is considering the contentious issues, compiles its final report on the draft Bill. 

However, if the committee resolves the dispute, Mr Odinga may shelve the meeting with his lieutenants, the source disclosed.

“The deliberations of the joint team will be keenly followed,” the source added.

Experts led by University of Nairobi lecturer Collins Odote and Prof Patricia Kameri-Mbote have advised the joint committee against reopening the document.

Protracted process

Yesterday, the experts took the MPs through their report on the six thematic areas they were hired to offer legal advice on before the report is tabled in Parliament for debate.

The committee will today discuss based on the report presented by the experts before writing the final document.

However, if there is no deal, the source who did not want to be quoted, said Mr Odinga will make his position clear to his lieutenants — that the document should not be amended.

“He feels that opening the document now is not tenable as it will open a Pandora’s box on what next after it has been amended? Does it go back to the County Assemblies?”

Mr Odinga expressed fear that amending the document would invite another protracted process, the source added. 

Mr Odinga, it is understood, wants his troops to speak with one voice when the report is debated in the House.

Yesterday, Mr Mwangi confirmed to the Nation that he was aware of the planned meeting, but was not privy to those invited.

The meeting follows reports that Mr Odinga’s legal team is divided on whether the BBI report should be amended by Parliament or passed by the lawmakers in its current form.

The division that has spilled over to the joint committee is seen as the latest stumbling block to the push to amend the Constitution and Mr Odinga’s ‘handshake’ with President Kenyatta. 

While the joint committee finalises its report on Thursday, the House, which was originally to return from recess on May 4, has planned a special sitting for three days from May 27 to discuss the amended version of the Division of Revenue Bill and the BBI report by the joint committee.