Raila, Ruto allies unite in push to review BBI Bill

 

Some MPs loyal to Deputy President William Ruto and ODM boss Raila Odinga want power to tinker with the BBI Bill. 

The bill is the product of a popular initiative and some experts say Houses of Parliament should consider it as it is. 

MPs who want to amend the bill on Wednesday maintained that Parliament's role cannot be ceremonial in the matter. 

They said they will stick with the precedent set in the 2010 Constitution where Parliament had input in the draft before the referendum.

At the time, Parliament's Committee on Constitutional Review chaired by then Mandera Central MP Abdikadir Mohammed led the process. It made changes to the draft which were adopted. 

On Wednesday, lawmakers argued that amending the current bill will set a precedent on the role of Parliament in future law change through the popular initiative.

“Nobody should think that Parliament and the Senate are mere debating clubs. And people should not be childish about this very important issue,” Senate Minority Leader James Orengo said.

Okongo Mogeni who chairs co-chairs the joint Justice and Legal Affairs Committee said Parliament cannot play a ceremonial role.

The Nyamira senator said Parliament must provide answers to constitutional and illegal issues raised by the public.

“Somebody has come to us and raised the issues during the public participation; do we throw it under the carpet? We retreat, debate and come with answers,” he said.

The Constitution stipulates that an amendment through a popular initiative shall be subjected to a referendum whether the two Houses pass it or not.

The legislators dug in as it became apparent that allies of the DP and his nemesis, Raila are keen to hang on the confusion to amend the BBI bill.

Raila’s men are unhappy with the distribution of the proposed 70 new constituencies and wish to rectify it at this stage. 

“Of course, we are unhappy with the schedule. It must be amended. There is no way we can only benefit a section of this country,” an ODM lawmaker told the Star.

Ruto’s lieutenants joined the ODM bandwagon in calling for the opening of the bill. They have previously criticised the bill's expansion of the Executive. 

“I am part of the group that still think that it is not the time to amend the Constitution. I believe that this House has the responsibility to advise the country whether we can go to the referendum with certain issues not addressed,” Elgeyo Marakwet Senator Kipchumba Murkomen said.

Kikuyu MP Kimani Ichung'wah said the House cannot be used as a conveyor belt. 

Another MP told the Star ODM is seeking support from Ruto MPs in its bid to get room to amend the BBI report.

“They are in talks on numbers to beat the faction keen on pushing for the 70 constituencies. The bid is to have the list of 70 expunged from the BBI report to give IEBC room to conduct the review of boundaries,” the legislator said.

Orengo said that while ODM supports the BBI Bill, Parliament has a solemn role to provide answers to salient issues raised by the stakeholders.

Citing the 2010 draft Constitution, Orengo said the Committee of Experts presented it to Parliament, which introduced further amendments.

“Parliament is accountable to the people. So when there is an issue before it, the people will want to hear what Parliament says of it. Nasa coalition is supporting the process but what we say about it, both in terms of process and content, is a completely different perspective” he said.

Mogeni said the committee and Parliament must do due diligence to the bill, lest courts nullify the entire process.

"Public participation is there in the Constitution and the Supreme Court has affirmed the same; it cannot be in vain or cosmetic, it must be meaningful," he said.

Meanwhile, a supremacy battle between the Senate and the National Assembly is brewing over the date for tabling report on the BBI bill. 

The committee had sought 14 days to finalise their work but National Assembly Speaker Justin Muturi granted 10 days.

Muturi directed that the committee tables the report on April 1, adding the Bill shall proceed whether the report is tabled or not.

In the Senate, the corresponding committee secured a 14-day extension. 

“The Senate does not take instructions from the National Assembly. We run our business separately. So, we will table the document at our own time,” Mogeni said     BY THE STAR