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{
    "id": 105277,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/105277/?format=api",
    "text_counter": 162,
    "type": "speech",
    "speaker_name": "Mr. Raila",
    "speaker_title": "The Prime Minister",
    "speaker": {
        "id": 195,
        "legal_name": "Raila Amolo Odinga",
        "slug": "raila-odinga"
    },
    "content": "Once that had been done, the President has been on record publicly declaring full support for this Draft Constitution. The Prime Minister has done likewise. A number of other Ministers, including the Vice-President and Minister for Home Affairs, the Deputy Prime Minister and Minister for Finance, the Deputy Prime Minister and Minister for Local Government, the Minister for Energy, the Minister for Industrialization, Minister for Justice, National Cohesion and Constitutional Affairs, Minister for Lands and Minister for Medical Services just to mention but a few, have been on record publicly endorsing this Draft Constitution. Mr. Deputy Speaker, Sir, in 2005, a significant section of the Government walked out of the Bomas of Kenya and boycotted the final proceedings. During the 2005 Referendum, the Cabinet was almost split on a 50/50 basis. That is not the case now. I want it to be known that the Government will conduct a civil, united and vigorous “Yes” campaign. I can assure this House that the Government will do everything within its powers to prevent and stop any violence during the referendum. Mr. Deputy Speaker, Sir, the hon. Member for Ikolomani also wanted to know whether the call by the Vice-President and Minister for Home Affairs and Mr. Samoei, the Minister for Agriculture that the country should again be taken back so that the Draft Constitution is renegotiated is, indeed, the position of the same Government which both Ministers serve. I would like the hon. Member to note that the Vice-President and Minister for Home Affairs has gone public in support of the Draft Constitution. With regard to Mr. Samoei, he has gone public saying “No” to this Draft Constitution. I would like it to be known that this Government is very democratic and on a matter of the Draft Constitution, we cannot force anybody, be it a Member of Parliament or a Member of the Cabinet to say “Yes” just because the other Members of the Cabinet are saying so. Every Member of this House and the Cabinet has got the democratic right to say, “No”. That is a right that we must respect as a democratic Government. I was also asked what the Prime Minister and the President intend to do in order to bring on board a few dissenting voices from amongst members of the clergy. Hon. Members are aware that both the President and I held a six-hour consultative meeting with the leadership of some of the churches on 8th April, 2010. At the end of those discussions, the Government and the church leaders present agreed to form a committee of ten persons to study and recommend viable options of solving the few sticking points. Discussions are progressing. I would, however, like to avoid details of the ongoing negotiations so that I do not compromise them. I am sure that hon. Members and the church will agree that discussing the ongoing negotiations publicly will not be the best approach. Mr. Deputy Speaker, Sir, I was also asked how the Government intends to persuade a group of about 30 Members of Parliament who are currently busy mobilizing an attempt to spearhead a potentially dangerous and unhelpful “No” campaign. The Government will do everything in its power to convince as many people as possible to vote “Yes” at the Referendum. However, in a democracy, divergent opinions thrive and we must learn to live with all tenets of democracy. To expect unanimity in such a complicated political process such as Constitution- making would be naïve. As a Government, all we can do is to try and persuade as many people as possible and we will continue to do that. Finally, I was asked whether I could reassure this House that the country will not be set on a collision course by the “Yes” and “No” campaigns for the new Constitution. I do not possess a crystal ball. Mr. Deputy Speaker, Sir, I am also not naive to assume that the issues involved are not emotive, or that those trying to push for the “No” vote are less passionate. What I know is that an overwhelming majority of Kenyans are saying “Yes” to the proposed Draft Constitution. Kenyans are fatigued with the constitutional struggle. They want to get over it and get on with something else. There will be no collision course. Kenyans will debate and then vote. I have faith and confidence in the wisdom, intelligence and foresight of the people of Kenya. Referendums are processes that are done democratically in other mature democracies. In Switzerland, they hold a referendum on almost every issue. This is the second time that Kenyans are going to go through a referendum. Therefore, we do not have as much experience as those in other mature democracies. However, it is not the end of the world. Let us not try to go through the referendum as if it is a matter of life and death. There must be life beyond the referendum. Mr. Deputy Speaker, Sir, let us also not cheat ourselves that we will be able to get everybody on board. Even if we were to stop the process at this stage and bring the matter back to this House, it will still be impossible to get a complete consensus. If we have to deal with the issue of Kadhis Courts, how can we get a consensus in this House? Even on the issue of the so- called “abortion”, which is not, how can we get a consensus here? On the issue of transitional clauses, how can we get consensus? Even on the issue of devolution, are we cheating ourselves that we will get consensus? We will not! So, in my view, this plane on the runway has reached a point of no-return. It must try to take-off. If we try to stop it, it will overshoot the runway and crash. So, let us not cheat Kenyans that it is possible to stop the process at this stage. It is not. We must move forward. Let us go quietly and soberly to the ballot box. If you are able to convince the people of Kenya to vote “No”---"
}