Constitutional expert Felix Odhiambo now says that the Building Bridges Initiative (BBI) taskforce seems to have been trying to avoid a referendum while making its suggestions.
Odhiambo says that looking at the proposals made in the report, it is open that though some political players are now calling for a referendum, the task force sought to avoid it.
Regarding the ongoing showdown between Deputy President William Ruto and ODM leader Raila Odinga, he said that it will be the job of experts to decide whether the country will need a referendum or not, and not the politicians.
He said that he would expect President Uhuru Kenyatta as a key member in the push for changes, to readily accept a referendum should it be proposed by the experts.
“A delicate balancing act was done to avoid a referendum route. Now that concern has emerged, I don't think President Uhuru Kenyatta would fear to go to a referendum if the issues are so fundamental that they touch on the structure of the legislature, the executive and devolution,” he said.
However, the referendum part has been opposed by forces allied to Ruto, who argue that it will further divide the nation, and who want the issue looked into by the parliament.
Among those holding this opinion is Agriculture Cabinet Secretary Mwangi Kiunjuri who also argues that the country cannot afford a referendum in her current condition.
“I don't see any contention that can lead to a divisive Parliament that will not garner a two-thirds majority,” he told the Star.
On the other hand, Raila and team have insisted that the document must be owned by the people, with his allied lawmakers saying that Ruto will have it 'killed' if taken to Parliament.
This they have based on Ruto's reservations to changes before the release of the report on Tuesday, though he now appears to have reconsidered his stand and seems in support.