ODM boss Raila Odinga has revealed that the long-awaited Building Bridges Initiative report could be released in days.
In an exclusive interview at his Upper Hill office on Friday, Raila said he and President Uhuru Kenyatta are exploring ways of releasing the much-delayed final report in a few days.
Insiders say release could take place on the 10th anniversary of the promulgation of the Constitution on August 27, Thursday.
The former Prime Minister said the BBI is on course, seeking to dispel fears the initiative might have been thwarted by the two-months’ delay as a result of the Covid-19 pandemic. The final report by Garissa Senator Yusuf Haji’s team has been ready for two months.
Raila’s statement is a strong indication the Constitution might be reviewed in line with BBI recommendations before the 2022 General Election. That could well mean a referendum to change the governance structure.
“Because of the pandemic, the task force had more time to finalise the report, which they have done,” he said.
“We are shortly going to receive the report. We will publish it. We will come up with a timetable for discussions and processing,” the ODM leader said
He said there is sufficient time to implement the BBI recommendations despite the process being behind schedule by two or three months.
Without divulging details of the report, Raila said the document would contain three sections.
“My understanding is the report will come out in three sections. I now don’t want to preempt [it] because we have not received it.”
Raila said the final report is hinged on the nine-oint agenda of his March 9, 2018, handshake with President Kenyatta and their Memorandum of Understanding about nine pressing issues that must be addressed.
“Whatever there is, the basis was the MoU we signed with the President. We hope the nine points have been addressed.”
The Haji task force, established under Article 10 of the Constitution, was to tackle ethnic antagonism and competition, lack of national ethos, inclusivity, devolution, divisive elections, safety and security, corruption and shared prosperity.
The 14-member committee on June 30 indicated it had concluded its task and was waiting to hand over the report to the President.
Raila said the report has factored in the views of Kenyans from all walks of life, expressed during forums, regional conferences and rallies.
The task force’s first draft proposed a Prime Minister’s post, a mixed Cabinet and more cash for the counties.
The Executive, the draft stated, was to include the President, Deputy President, Prime Minister and Cabinet ministers.
The PM, the report stated, was to control and supervise government’s day-to-day functions; be the leader of government business in Parliament and chair Cabinet subcommittees.
It also proposed that the first-runner up in a presidential race be nominated to the National Assembly as leader of official opposition – to name a shadow Cabinet.
Deputy President William Ruto’s allies are not keen to have the review conducted now and instead want the referendum – should there be one – held alongside the 2022 General Election.
Raila, insisting a referendum is possible before 2022, dismissed those opposing constitutional change or questioning its timing, saying his side is simply being “pragmatic and prudent”.
The report also recommended a total overhaul of the current IEBC with a new team appointed to oversee the 2022 polls, recommendations that were the subject of a second validation.
The BBI validation train thus started from Kisii, went to Kakamega and later to Mombasa, Kitui, Narok and Meru before the meetings were cut short by Covid-19 constraints on meetings and requirements of social distancing.
Several proposals were made by Kenyans to deal with the issues, “some of which are historical, current and some of them which are for the future”, Raila said.
The ODM leader expressed confidence Kenyans will ‘own’ the report touted as forming “a basis of trying to resolve the issues which have been contentious in the country.
“I believe that this (final report) is going to give us a very good foundation for addressing some of the issues which have affected this country,” he said.
The former PM spoke amid disquiet on whether the initiative he is championing with President Kenyatta would yield any positive results in the face of the Covid-19 pandemic and economic downturn.
Unclear budgetary provisions, questions of the poll agency’s preparedness and concerns about the 2022 General Election timelines heightened questions about a referendum’s viability and its popularity.
The movement restrictions imposed by the Covid-19 situation also hit the initiative initiative also hit BBI as proponents could not hold public consultations or rallies as they had planned.
Rallies planned for Nakuru and later Nairobi – which Raila now says were to be held after they received the report – were affected.
Those closely following the initiative say it risks failure if the implementation coincides with the campaigns for 2022.
There were fears President Kenyatta’s side had run out of steam to support the process – which requires a referendum to implement constitutional changes in governance, such as establishing a Prime Minister’s post..
Other sources intimated to the Star the report’s delay could have been caused by prolonged negotiations about a Cabinet reshuffle and whose allies would benefit.
“A bit of push and pull over the anticipated Cabinet reshuffle could be delaying the BBI issue,” a source in the government circles said.
Some quarters said release could coincide with the 10th anniversary of the Constitution’s promulgation to be marked on Thursday.
To critics of the timing of the process, the ODM leader said the Constitution is a living document “which needs to be given oxygen with time”.
Raila, who is also the AU envoy for infrastructure, said there is no constitution that has never been amended.
He cited the American and French constitutions, which were amended within the first year of their promulgation.
“It is our time to relook into that which is good in our Constitution, that which is working and that which is not working so well and requires some kind of amendments. I don’t think we will be accused of being revisionists; we are just being pragmatic and prudent,” Raila said.
The handshake principals are also faced with the uphill task of convincing some quarters that Covid-19, not amending the Constitution and creating more posts for ‘inclusivity’, is the priority.
ANC legislators Ayub Savula and his Lurambi counterpart Titus Khamala advised against a referendum in the face of the economic pain the pandemic has caused wananchi.