Deputy President Dr. William Ruto is still tasting warm and cold on the constitutional Amendment bill 2020. – By Enock Mukoma.
After a meeting with legislators at his residence in Karen, DP Ruto and his allies appreciated the progress made in the BBI project.
“As citizens representing numerous and diverse sectors interest’s groups and other stakeholders present at the launch of BBI II, we noted and welcomed progressive ideas in the recommendations,” Ruto said.
The Issues the team lauded include, protection of data privacy, gender parity in the senate privileging of economic and social rights, establishment of the office of the leader of opposition, establishment of youth commission, increase in revenue allocation to counties, entrenching of CDF into constitution and Ward development fund and inclusion of what they termed as primary aspects of the hustler economy under “economy and shared prosperity”
Other issues that the DP team had demanded canvassed include, independence of the judiciary and the general area of access to justice, the independence of the IEBC and management of elections, independence and professionalism of police service, mandate of senate in terms of protecting devolution and its general oversight role, place of women in legislature and the issue of affirmative action in constitutional infrastructure.
The group has since held that majority of the issues had been abandoned terming the move as “post- Bomas changes, progress towards consensus”
“The constitution of Kenya amendment bill 2020 was gazetted on the 25th November 2020.The bill reflects significant changes to the Bomas 2 document, adopting a number of concerns raised by stakeholders”
From the foregoing it is therefore clear that the significant progress was made between the Bomas II and KICC, and that the amendment bill adopted major inputs of stakeholders in fairly explicit terms. In essence the gazetted document is positively progressive development compared with the Bomas one.
What are the outstanding issues?
Judicial independence according to the team they want the appointment of the ombudsman be made by the judicial service commission or the chief justice, a position believed to be consistent with the principles of separation of powers.
70 Constituencies: the DP Ruto camp while its happy with the proposal to that enhances representation,
“While we agree with the principle of equality and equity in representation, IEBC should vary the proposed constituencies by upto 20% so as to capture and accommodate the most expansive arid and largely marginalized areas including Garissa, Nyeri, Wajir, Nyandarua,Kitui, Kisii and Migori.”
Bloated parliament that is likely to have 640 MPs, with the outcome of the current proposal combined with the 2/3 gender rule in accordance with article 81, the group holds that an increase of more than 200 MPs is untenable and a hugely unsustainable burden to the taxpayer
The proposal according to the group is that the 47 women reps in parliament be maintained alongside the 47 women senators. Noting that the parliamentary women will stand a chance to participate in budget making process and also have chance to be appointed to cabinet.
On the above outstanding issues, the DP Camp in their push for more consensus holds that the outstanding issues require attention and necessary attention to build consensus especially with the greatest concern being a bloated government.
Secondly that the BBI Recommendations do not propose a constitutional replacement through repeal and promulgation but rather amendment of numerous discrete provisions hence questioning the appropriateness of framing the referendum as single question plebiscite rather proposing a multiple choice referendum.
The team further asked the BBI team to consider the current crisis in the country with overly almost collapsing economy, the Covid- 19 pandemic that has created a crisis with the frontline workers, youths have lost jobs and the crisis in the education sector.
They emphasized on the need to avoid a win lose, divisive or acrimonious referendum.
Further the team firmly questioned on the agency to have sh14 billion spend on a referendum with a year left to elections which will cost the country Kshs 42 billion, proposing that a seventh ballot be created in the general elections.
They proposed Sh14 referendum billions be injected in safe reopening of schools, health sector among other sectors that will resustate the full scale collapsing economy.
The move has spiked sharp reactions with ANC leader Musalia Mudavadi urging Ruto team to respect the timelines provided by the BBI schedule.
Junet Mohammed joint BBI Secretariat chair quickly dismissed the proposals noting that the group had two years to have their views included hence will not be allowed to derail the process.
“It’s never too late to do the right thing, the BBI people are intelligent, clever and if they considered earlier views then they can still do so.” Ruto concluded.
