Kenya is certainly headed for a referendum which may come as soon as June this year after more than 24 counties passed the Constitutional Amendment Bill, 2020.
Tuesday, February 23, 2021, was a defining day for the bill seeking to introduce new changes to the Nairobi governance. The country had already gathered the backing of counties like Kisumu, Homa Bay, Busia, Vihiga, Trans Nzoia, Nairobi, Kisii, West Pokot, Kajiado, Laikipia and Samburu. The support needed to grow to 24 counties which is the minimum threshold to pass a bill for the plebiscite under the Kenyan law.
And on Tuesday morning, more counties joined the list. They include Kakamega, Narok, Mombasa, Murang’a, Makueni, Kitui, Bungoma, Taita Taveta, Nyeri, Machakos, Tharaka Nithi and Lamu.
The bill now heads to the country’s Senate and the National Assembly where it should be tabled. This should happen after the two speakers have received certificates from the county assemblies pursuant to Article 257 of the Kenyan Constitution.
As it is now, the two legislative houses cannot slam brakes on the referendum push given that the county assemblies bear the hugest legislative responsibility.
The bill—which is an edifice of the Building Bridges Initiative which brought President Uhuru Kenyatta and ODM leader Raila Odinga together—has provided lucrative politicking stage.
Deputy President William Ruto and his allies have vehemently opposed the push for law changes. Ruto whose relationship with Uhuru has hit bottom low has criticised the BBI as an initiative which lacks merit and will only lead to wastage of public resources.
Politics dominate
But allies of Mr Odinga and Mr Kenyatta remain elated that their push for the law changes will finally hit fever pitch with a culmination in the plebiscite in the coming months.
“From March 1, we are rolling out countrywide tours to take BBI to the people. With all the signs that the assemblies will pass the document by a big number, we will be rolling out grand plans to tell to the people what is in the document and counter any propaganda out there,” National Assembly minority whip Junet Mohamed, who is a key ally of opposition leader Raila Odinga.
The sentiments were supported by Denis Wawero, a spear header of the BBI and an ally of the president.
He told the Kenyan press: “We wish to emphasise that we are within the timelines we had communicated earlier, and we are on course to hold the referendum by June 2021. We are confident of obtaining approvals from at least 35 county assemblies, way above the constitutional threshold of 24 counties.”
The contest now shifts to whether to make the plebiscite a multiple choice question or one wholesome one.
For instance, Ruto and his allies have rooted for multiple choice questions on grounds that some of the proposals do not necessitate a referendum question. This argument has been opposed by pro-Uhuru and Raila leaders who argue that no referendum has had no contest and passed on consensus.
The bill proposes the introduction of the position of the prime minister and two deputies, increase in number of legislators, increase of money to the counties, introduction of leader of official opposition among other economic incentives for the youth and vulnerable groups.