As the Building Bridges Initiative task force concludes its validation forums, Everyone is asking how it will draw up a roadmap meeting the aspirations of Kenyans.
By June 30, The BBI team should have submitted its report to President Uhuru Kenyatta and ODM leader Raila Odinga.
Already, the team has concluded its validation forums in Nairobi but it is scheduled to have two more public rallies — one in Nairobi on March 28 and another in Nakuru on March 21.
It will, however, continue to receive written submissions until the end of the month.
Judging from the presentations during the forums and rallies, Kenya will see the return of the position of Prime Minister if BBI proposals are consolidated and fully implemented.
An expanded Executive was, again and again, was cited as one way of ending the culture of divisive polls every election cycle. Rallies in Kisii, Kakamega, Mombasa, Kitui, Narok and Meru all advocated the return of the premier or prime minister with two deputies.
All with big salaries, benefits, offices, cars, aides, all the trappings of power and maybe even some work. Would cushy jobs do away with election violence and make them work harder for their people?
A powerful executive PM was never proposed during the validation forums, as presenters insisted that Kenyans should continue to elect the President, who would continue to be head of state and commander in chief.
Direct election of the president has been said to be a major cause of political violence.
ODM leader Raila Odinga and his troops had wanted a strong executive prime minister, but they backed down, making an about-turn after the Mombasa rally and dumping their quest for a three-tier system of government.
Raila and his allies had proposed a parliamentary system in which the party with the majority of seats in Parliament would form a government to be headed by a prime minister with executive powers.
However, most of those who presented their views during the validation meetings concurred that the president shall appoint an MP from the political party having a majority of members in the National Assembly as PM.
There were a few exceptions. Speaker of the National Assembly Aden Duale, an ally of President Kenyatta, did not call for the return of PM position.
He urged Kenyans to completely do away with the election of the president through winner-take-all universal suffrage.
He proposed that the president should be nominated by the party that wins the majority of votes in the general elections.
Political analyst Joseph Mutua said the presentations at the forums and the rallies are a clear indication that the Prime Minister position would return.
“When you look at what almost everybody was proposing, we will have a Prime Minister who is appointed by the President from the National Assembly and approved by Parliament. The holder of this office shall have supervision and execution of the day-to-day functions and affairs of the Government,” Mutua added.
So the PM would be beholden to the president and Parliament.
He added preparations for a referendum should commence in earnest since the proposed changes require a plebiscite.
The task force has taken a break for the weekend after a hectic two days in Nairobi during which they received presentations from about 20 groups.
“So many groups wanted to make presentations. On the last day on Tuesday, we received presentations up to 8pm because people insisted that they had to give their views,” a member of the task force said.
Joint secretary Paul Mwangi, however, said the doors are not closed and Kenyans can still give their presentations.
“Those who had wished to make presentations to us in person but were unable to do so due to time constraints still have the opportunity to do so through written submissions,” he said.
Mwangi said there is a high possibility the team would complete its work before the June deadline.
The team will then begin consolidating views and retreat to write the report.
Mwangi had earlier indicated a referendum is inevitable should Kenyans, during the second phase of public participation, retain some of the proposals already in the report.
Some Kenyans, however, have been weighing the possibility of implementing the report without going through a rigorous and costly referendum process to avoid confrontational politics with those opposing the drive.
There are only two ways to amend the Constitution, both of which are detailed in Chapter 16. The first, by parliamentary initiative, is provided in Article 256. This entails a constitutional amendment in the form of a bill that can be introduced in either house of Parliament.
The second method to amend the Constitution is through popular initiative provided in Article 257, which vests the power to initiate a constitutional amendment in the people.
A popular initiative may be initiated by a citizen, a movement or a political party through collecting the signatures of at least one million registered voters.
ODM has been pushing to have a referendum held by the end of July this year. Siaya Senator James Orengo has even asked the National Treasury to present to Parliament a supplementary budget to fund the exercise.
Wiper Party leader Kalonzo Musyoka, however, said it is possible to have a referendum by September, if the question is set by June by the BBI Steering Committee.
Kalonzo said that it would be difficult to plan a referendum in 2021 and also prepare for 2022 succession politics.
ANC leader Musalia Mudavadi said it is upon Parliament to make sure a referendum is held sooner rather than later.
Mutua said he does not foresee any hurdles in the implementation of the validated report.
"Kenyans, in general, support the report. Counties have also rallied behind the initiative," he said.
Proponents of the drive might, however, find themselves at loggerheads with the electoral body as the BBI in its current form proposes removal of three commissioners.
Independent Electoral and Boundaries Commission chairman Wafula Chebukati is on record as dismissing the recommendations, insisting that the current team will oversee the next General Election.
The electoral body is mandated to verify the one million signatures collected to push for constitutional changes.