Ruto maintains calls for consensus on proposals

Deputy President William Ruto on Wednesday insisted that there was still room for consensus to avoid a divisive referendum even as President Uhuru Kenyatta and ODM leader Raila Odinga launched the collection of signatures to back the constitutional amendment Bill in his absence. 

The DP, whom BBI secretariat co-chairperson Junet Mohammed insisted had been invited to the meeting at the Kenyatta International Conference Centre (KICC), was however not lined up among the day’s speakers in the official programme.

“We invited everyone, no one was left out,” Mr Mohammed told the Nation on phone without giving more details on why Dr Ruto’s name was missing in the programme.

With the President and Mr Odinga kicking off the journey to the referendum through collection of at least 1 million signatures, Dr Ruto is increasingly being nudged to oppose the initiative even though his lieutenants have maintained that they will not be pushed to the ‘No’ camp.

“Even with the signature launch there is still a real chance at consensus for a non-divisive referendum that will give Kenyans the opportunity to express themselves without an ‘us vs them’, win vs lose contest. Unity is the strength needed to fight Covid19 and organise the economy,” Dr Ruto tweeted, suggesting there was still time to negotiate the controversial issues like the appointment of the Judiciary Ombudsman by the President.

Political analysts say that, even though Dr Ruto still insists on a consensus, opposing the drive would backfire on him and puncture his presidential ambitions should he lose. Political analyst Mr Dismas Mokua on Wednesday said it was now easy to come to the conclusion that DP has flipped the bird on his boss President Kenyatta.

“His absence was an act of defiance. He missed a golden opportunity to take over BBI and own the signature collection process,” Mr Mokua told the Nation. 

DP totally excluded

“The DP has been totally excluded from the BBI signature collection and to that extent, affirmation of the recommendations of the BBI task force,” another political analyst Mr Javas Bigambo said of the happenings at KICC.

With far-reaching changes to the BBI report, political observers said Dr Ruto ought to have seized the opportunity to back the document, like Amani National Congress (ANC) leader Musalia Mudavadi.

Mr Mudavadi, who had also expressed reservations on the document, turned up for the launch and even appended his signature, stating that it had addressed his party’s concerns.

“The diplomatic but firm position that we took as ANC Party has bore fruits. Our quest has not been in vain. We urge Kenyans to read the newly amended document since substantive changes have surely been made,” Mr Mudavadi said.

For Dr Ruto, without another platform to demonstrate to his supporters that his reservations have been addressed, he is forced to continue with his resistance as once the signature collection has been started, amending the document will require fresh start of the process.

Opposing the initiative is however, seen by analysts as inevitably setting him up for a showdown with his boss in the referendum vote planned for June; which would require he deploys resources to counter the State-backed campaign, a costly affair just two years to the General Election.

Taking the President head on would mean he drops all pretext that he is not defying his boss, a narrative he has so far sustained despite apparent contradictions, and brave the consequences of a Head of State who would equally go after him.

Biggest gamble

But the biggest gamble would be that the DP would have no control over the outcome of the vote.

While a win would give his presidential campaign momentum, a loss — and the odds are against him having lost in the 2010 referendum — would equally puncture his projection of political invincibility. 

President Kenyatta on Wednesday said that, although the principle of public participation is enshrined in the constitution, it had faced numerous challenges in the past. Mr Odinga said that, by appending signatures, “we are stamping a seal of approval of the process, the necessity it all and final the document.”

According to Jubilee deputy general Caleb Kositany, who is also the DP’s de-facto spokesman, said they are not into ‘No’ campaigns because they do not want to divide Kenyans.

Belgut MP Nelson Koech, an ardent ally of Dr Ruto, said the pro-BBI camp cannot continue claiming that they are after uniting the country when they are rejecting the views of others: “You cannot claim to be uniting the country when you cannot listen to dissenting voices.” 

Experts have observed that the push of consensus should not only happen among the political bigwigs in the country but they should strive to bring the citizens on board. 

Constitutional lawyer Bobby Mkangi argues that the BBI push is a ‘top-down’ approach where the political class are using the citizens to rubber-stamp their own proposals.

“Constitutional review is not a process that belongs to politicians alone. It must be inclusive and all voices should be heard. It starts with all citizens being well informed,” he elucidated.

Additional reporting by Onyango K’Onyango