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BBI process is illegal and flawed, Miguna claims

"BBI is illegal and unconstitutional," he says.

In Summary

•The self-styled National Revolutionary Movement general said BBI offers nothing new since the issues it seeks to address were identified sometime back by at least three commissions.

Lawyer Miguna Miguna
Lawyer Miguna Miguna

Controversial lawyer Miguna Miguna has termed as "illegal and flawed" the Building Bridges Initiative crusade as a means to amending the Constitution.

Speaking to K24’s Punchline, Miguna said the ongoing campaign aims at serving'selfish interests" of President Uhuru Kenyatta and ODM leader Raila Odinga.

“BBI is illegal and unconstitutional. They are just looting public resources. What law allowed two people to set up a committee and handpick individuals to spearhead the constitution amendment process,” Miguna posed.

 

 “There is a process on how the Constitution can be reviewed. We have the popular initiative route and the Parliamentary initiative."

The self-styled National Revolutionary Movement general said BBI offers nothing new since the issues it seeks to address were identified sometime back by at least three commissions.

He cited the Commission of Inquiry on Post Election Violence -popularly known as the Waki Commission, the Krigler Commission and the Truth Justice and Reconciliation Commission.

The exiled lawyer said the three commissions were part of the government's undertakings that were geared towards addressing issues the BBI purports to tackle.

The Waki Commission was established in February 2008 to investigate the clashes in Kenya following the disputed presidential election of 2007.

The Krigler Commission was an international commission of inquiry established in February 2008 to inquire into all aspects of the 2007 General elections.

The TJRC investigated human rights abuses, economic crimes, illegal acquisition of land, marginalisation of communities, and ethnic violence.

 
 

Miguna, speaking from Toronto, Canada, regretted that recommendations by the three commissions have not yet been fully implemented up to date.

The Constitution states that an amendment to this Constitution may be proposed by a popular initiative signed by at least one million registered voters.

A popular initiative for an amendment to the Constitution may be in the form of a general suggestion or a formulated draft Bill.

If further states that there is the amendment by parliamentary initiative, where a Bill to amend this Constitution is introduced in either House of Parliament.

“Neither of these two processes was followed in the BBI. If the process is not transparent, not owned by the people or it is forced on Kenyans, then it cannot be legitimate,” Miguna explained.

He said Kenyans should not be victims of leaders who have no regard for the rule of law.

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