- Deputy party leader said they are consulting widely with like-minded people before issuing a statement on the latest development.
- ANC said that while the document has positive provisions, there was a need for further consultations and consensus.
Image: JACK OWUOR
The ANC position on the BBI report will be known next week at a meeting of its legislators after it emerged that no changes will be made to the document.
The party had asked President Uhuru Kenyatta to open another window for consultations on contentious issues.
A meeting of pro-BBI report MPs in Naivasha on Monday resolved to push for the adoption of the document without amendments. The meeting was attended by President Kenyatta and ODM leader Raila Odinga.
ANC deputy party leader Ayub Savula on Tuesday said they will be meeting next week to revisit the issue given that their request had not been considered in Naivasha.
“We are consulting widely with like-minded people before issuing any statement on the latest developments,” Savula told the Star.
However, he was quick to state that it should not be assumed that they want to side with Deputy President William Ruto, who had also called for the amendments of some BBI proposals.
Ruto and his allies have been calling for consensus building, arguing it was possible to have a non-contested referendum.
Savula, who is also the Lugari MP, said ANC will not support Ruto's conditions for a referendum.
According to ANC, the document has positive provisions, but "there are several provisions that require further consultation and consensus".
It said the Senate, as the custodian of devolution, requires to be strengthened.
“This has not been met by the proposed amendments in Articles 98, 218 & 218A,” says a party report.
The party noted that the proposed amendment in Article 172A to introduce the position of the Office of the Judiciary Ombudsman and his functions do not advance the independence of the Judiciary.
“As ANC, and as demanded by international best practice and by submissions made by other critical stakeholders in this arena, the holder of this office should be appointed by the Chief Justice and not the President.”
The party said the elimination of public participation (through Article 152 and 155) in the vetting of appointees by the National Assembly to the Executive violates the principles of sovereignty of the people and destroys the democratic principles of checks and balances.
It also criticised the proposed amendments to Article 230 to remove the power of statutory bodies and other stakeholders, including Cotu and Federation of Kenya Employers, to nominate membership to the Salaries and Remuneration Commission.
ANC said replacement of the National Police Service Commission with the National Police Council under Article 246, denies civilians representation.
According to the Musalia Mudavadi-led party, the 2010 Constitution does not provide what economic system Kenya should have.
“The proposals introducing Article 11A do not clearly state the economic system but merely prescribe the characters which it ought to contain.”
- mwaniki fm