Uhuru Kenyatta, Raila Odinga asked to refund BBI cash

Speaking separately yesterday, the leaders also said the promoters of constitutional review — Suna East MP Junet Mohammed and former Dagoretti South MP Dennis Waweru — should be held responsible for wasting public funds. 

The ANC brigade made the demand even though their leader Musalia Mudavadi attended the official launch of BBI at Bomas of Kenya last year and even appended his signature in support of the botched initiative.

Yesterday, Mr Mudavadi, who said the country should now focus on the future after BBI death, appeared to blame some proponents of the drive for having personalised the initiative, thus making it difficult to address the issues which the court finally declared unconstitutional.

“The lessons that we must learn from the court ruling is that when leaders refuse to listen to each other and make themselves a one-man choir by deciding that they are the ones in charge and nobody else should be listened to, the consequences are very grave,” Mr Mudavadi said during a Church service at Friends Church - Quakers in Nairobi. 

He appeared to blame Mr Odinga, who was in the frontline in the push for the BBI amendments.

His deputy Ayub Savula and Vihiga Woman Representative Beatrice Adagala, who accompanied him, were more brutal, saying there is need for the proponents of the drive to account for their expenditure.

Wasted public funds

“Auditor-General must now audit how much money was spent on BBI and... the promoters of the initiative be surcharged from their salaries for wasting Kenyans money,” Mr Savula said.

Ms Adagala said the money that had been set aside for the BBI referendum should be used to buy Covid-19 vaccines and revival of the economy.

“We thank God that through the courts, the BBI fiasco has died,” said Ms Adagala.

Keiyo South MP Daniel Rono, a Dr Ruto ally, told the Nation that they intend to table a motion in the National Assembly to force BBI promoters to refund wasted public funds.

“We are going to push a motion for either the refund of the money or prosecution of those involved.  The funds which were used were never budgeted for, they have to give explanation. If it does not materialize in the current regime, we will do it in the next because approximately Sh10 billion was spent,” said Mr Rono. 

Kimilili MP Didmus Barasa, also an ally of the DP, asked the Parliamentary Accounts Committee (PAC) to investigate the source of the funds used.

Billions of shillings

“PAC should audit the source of these funds and the rest of the anticipated budget be used for procuring vaccines,” claimed Mr Barasa.

Murang’a Senator Irungu Kang’ata, who was once a pro-BBI, claimed that more than Sh5 billion was used in the exercise and those responsible have to be accountable.

“Whereas I do not have audited accounts to ascertain how much was used, definitely it’s a lot. The items included allowances to committee members, stationery and printing expenses. It had run into billions of shillings, including MCA car grant which has now been impugned by the Court of Appeal. That item alone is Sh5 billion,” said Mr Kang’ata. 

“Legal advisers that gave erroneous advice that ultimately wrecked BBI should be held accountable.”
According to Soy MP Caleb Kositany, who is viewed as DP’s de-facto spokesperson, the judgment is a win for Kenyans.

“Kenyan people have won against a few selfish individuals who thought the Constitution of Kenya can be changed at will. Rule of law has taken the center stage. Our courts have shown how independent they are. It should be a lesson to leaders across the World that power belongs to the people,” Mr Kositany told the Nation.

The lawmaker said the money which had been set aside for the purpose of a referendum should be rechanneled to buying more vaccines noting that referendum should be left to ordinary Kenyans.

Divisive process

“Let the President and Raila know that they cannot take Kenyans for a ride. Now Uhuru should concentrate on Covid-19 and get back to the Big Four Agenda if he can still salvage it,” said the Soy MP.

Initially conceived as a political truce between President Kenyatta and Mr Odinga through the March 9, 2018 handshake, the amendment process has been tedious and sometimes divisive, pitting the political class against one another, and against the electorate.

The DP had expressed his reservations on a proposal to have parliamentary political parties participate in the appointment of the electoral commissioners, expansion of the executive, establishment of the National Police Council packed with presidential appointees and creation of the Office of the Judiciary Ombudsman, another appointee of the President.

And after the Friday judgment, Mr Kang’ata who was fired as Majority Whip for associating with the DP, faulted the promoters of the process for applying intimidation and threats instead of listening to contrary views.

“The process was surrounded by hubris and chest thumping which made actors ignore its fundamental flaws. These flaws were obvious to any honest and good legal scholar but some expected Government intimidation to supersede everything,” said the Senator.

For Belgut MP Nelson Koech, another Ruto ally, the Court of Appeal’s verdict has vindicated the Hustler Nation’s position and in what seemed like a scathing attack at President Kenyatta and those coalescing around him —  Mr Odinga and Wiper Party leader Kalonzo Musyoka, ANC leader Mr Mudavadi, Ford-Kenya’s Moses Wetang’ula, Kanu’s Gideon Moi.

The vocal legislator said it was inappropriate for few leaders to decide future for other Kenyans because of succession politics.

Popular initiative

“There is no way five tribal Kingpins should be allowed to think they can decide the destiny of over 45 million Kenyans without as much as consulting them. Friday's decision is not only a win for the Constitution and constitutionalism in Kenya, it is also a humble reminder to those who were insisting that no one can stop reggae that Kenya is a country of rule of law not rule of men,” said Mr Koech.

Mr Koech also said the ruling unearthed that the Head of State does not respect the Constitution which he swore to protect as well as the Rule of Law.

“This Judgment has put the President's legacy in respect of the Constitution and as a symbol of National unity in jeopardy,” he said.

Turkana Governor Josphat Nanok, a foe-turned-protege of the DP said: “The people through the Constitution did not delegate authority to the Executive to decide what to change, initiative and drive a popular initiative.”

Mr Rono, the Keiyo South MP, said: “As Hustler Nation, we were never worried about the direction the BBI was going to take. The Rule of Law has to be respected.”

And speaking at Kipkaren Pentecostal Assemblies of God in Eldoret, Kapseret MP Oscar Sudi, another Ruto ally, alleged a scheme to use the police to influence the 2022 electoral process following the BBI flop last week. 

“We are aware that the leaders have called a meeting in Mombasa today. We want to tell them even those evil plans against us will not work. Even the police you want to use to cause mayhem are people’s children,” Mr Sudi said. 

Reported by Justus Ochieng’, Onyango K’Onyango and Stanley Kimuge