MPs differ on BBI team term extension 

Lawmakers in support of the Building Bridges Initiative (BBI) on Tuesday accused the joint committee of Parliament of frustrating the process as splits between two groups played out in the House yesterday.

While the Suna East MP Junet Mohamed-led group wanted the report on the Constitution of Kenya (Amendment) Bill, 2020 tabled yesterday as directed by the two Speakers, the Joint team of the Senate and the National Assembly requested for more time to address “weighty legal and political questions.”

Committee co-chairmen Muturi Kigano and Okongo Omogeni said they have identified six areas the team requires the help of experts before the report is tabled in both Houses.

The areas identified by the committee are the nature of the bill, public participation and its extent, the way of processing the bill, substantive issue of the bill, the referendum and status of litigation touching on the bill.

“The committees noted that the emerging issues be carefully considered as they will guide future processes. There was a need to engage experts in constitutional, legal and procedural matters to advise on the issues arising on the areas as identified,” Mr Kigano said.

Fake and vague request

However, Mr Mohamed, who is also the co-chairman of the BBI Secretariat, termed the request fake and vague, saying the promoters of the bill have already sought the opinion of experts.

“We have taken a very dangerous path. The House must take its bill back. We made a mistake to engage the Senate. The Speaker must give firm instructions that the bill is to be handled expeditiously,” Mr Mohamed said, adding that the request for more time is meant to frustrate “reforms”.

“The report presented by the chairman is fake and vague. This committee must be disbanded,” he said, adding that the team does not understand its responsibilities.

The Suna East MP was supported by National Assembly Minority Leader John Mbadi, who said he was surprised with the request for more time.

“This committee is populated by lawyers. I am shocked they still need experts,” Mr Mbadi said.

Ceremonial role

The Suba South MP added that the role of Parliament and the committee is ceremonial.

“They were not to change even a comma,” he said. 

However, Siaya Senator James Orengo rejected assertion of Parliament’s role in the bill being ceremonial and supported the push for more time.

The Senate minority leader said Parliament and the country find themselves in unchartered territory.

He added that legal and political questions had been raised at the joint committee during public hearings.

Supported request

National Assembly Speaker Justin Muturi told the committee to finalise the report and table it on April 1.

“I’m surprised to hear the committee is looking for experts. I don’t know where you will get them. I grant you an extension of 10 days,” he said.

Kisumu West MP Olago Aluoch, who is a member of the joint committee, supported the extension but added that it was poorly executed.

“I have participated in this process but this idea of getting experts has caught me by surprise,” Mr Aluoch said.

“Cumulatively, lawyers in these two committee have 250 years of practice. Which other lawyers do we need?” 

Fresh endorsement

Ruaraka MP Tom Kajwang broke ranks with his Orange Democratic Movement (ODM) colleagues, saying the role of Parliament cannot be ceremonial.

“The term makes people think we are here to be seen,” he said. 

Law expert Bob Mkangi said if Parliament makes changes to the bill, it becomes a different initiative that requires fresh endorsement by a million Kenyans.

“Beyond the Independent Electoral and Boundaries Commission,  the role of sub-national and national legislative bodies is to either agree or disagree with the proposers’ initiative as captured in the bill,” he said. 

“They cannot change it. A citizen may have donated her signature (authority) on the basis of a particular clause that if amended, she may wish to withdraw her support.” 

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