CONSTITUTIONAL AMENDMENTS

What next for Kenyans after launch of BBI report?

Recommendations can be implemented through policy, legislation or a referendum.

In Summary

• For a referendum to take place, at least one million signatures from registered voters have to be collected. 

• At least 12 broad legislative proposals are expected to be enacted by Parliament to implement parts of the BBI report.

Deputy President William Ruto, President Uhuru Kenyatta and ODM leader Raila Odinga at the Bomas Of Kenya on October 26, 2020.
Deputy President William Ruto, President Uhuru Kenyatta and ODM leader Raila Odinga at the Bomas Of Kenya on October 26, 2020.
Image: ANDREW KASUKU

The BBI launch took place on Monday coupled with heckles, laughter, fun and criticism in a colourful event at the Bomas of Kenya.

The event which brought nearly all leaders from the political divide together was a showdown as each leader who spoke representing groups supported or wanted an improvement on the report.

An example is when Deputy President William Ruto took to the podium just before the President.

The DP picked holes in the report, casting doubt on the rationale for five key proposals on the Executive, the Judiciary and police service.

He was jeered and heckled but he forcefully made his point. 

 

When Uhuru took to the podium after Ruto, the President castigated his deputy, painting his second-in-command as an impatient leader determined to prematurely grab power from him.

These were just some of the intrigues that took place at the Bomas.

The report contains recommendations that alter Kenya’s governance structure to a great extent.

Proposed changes include the adoption of a hybrid presidential-parliamentary system under which an elected President appoints a Prime Minister from among members of the majority party in the National Assembly.

The BBI also proposes the appointment of two deputy Prime Ministers and ministers from within the membership of the National Assembly.

But after the launch of the document, what next?

With the document in the public domain, leaders and Kenyans alike have been asked to read the report, express their views on the contents of the report, giving reasons for either supporting or opposing it.

 

It is during this time that the public is given the leeway to scrutinise the document and debate about it.

Recommendations of the document can either be implemented through a policy, a legislation of the parliament or a referendum.

The committee has come up with bills that have been forwarded to Parliament to be passed.

For a referendum to take place, at least one million signatures from registered voters have to be collected. 

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

The supporting signatures are then taken to the Independent Electoral and Boundaries Commission, which shall verify that the initiative is supported by at least one million registered voters.

If the IEBC is satisfied that the initiative meets the requirements, the Commission shall submit the draft Bill to each county assembly for consideration within three months after the date it was submitted by the Commission.

If a county assembly approves the draft Bill within three months after the date it was submitted by the Commission, the speaker of the county assembly shall deliver a copy of the draft Bill jointly to the Speakers of the two Houses of Parliament, with a certificate that the county assembly has approved it.

If it is approved by a majority (24) of the county assemblies, it shall then be introduced in Parliament.

Parliament will play a central role in the implementation of the BBI report through legislation.

At least 12 broad legislative proposals are expected to be enacted by Parliament to implement parts of the BBI report.

The BBI report, which proposes changes to the country's governance structure, will finally be subjected to a referendum for Kenyans to approve or reject the changes if the Parliament adopts it.

The President's successful push to overhaul the leadership of the National Assembly and the Senate by kicking out Ruto allies could provide a smooth ground for the report to sail through.

Uhuru and Raila have started drumming up support for the BBI report and during their rallies in Kisii, Nyamira and Kisumu insisted the process to address Kenyans' problems started with the unveiling of the document on Wednesday.

WATCH: The latest videos from the Star