“As a Commission of Jurists, our considered view is that the proposed amendments take away the gains contained in the Constitution 2010 and undermine the rule of law,” Mogeni said.
He added that “from our analysis and monitoring of the public discourse, we conclude that the BBI process has been characterised by general mistrust, divergent political and contested interests, a failed attempt to inculcate a people-driven and people-centric approach which ought to align with principles of the rule of law, democracy, and human rights.”
The chairman added that there is no guarantee that the proposed constitutional amendments will either address the underlying social-political concerns, entrenched marginalization, or historical injustices.
“ICJ Kenya concludes that the issue of concern is that the Constitution has neither been accorded adequate time to organically shape the legal, political, economic, and social landscape nor given impetus to reorient Kenya's political culture fulfilling positive state obligations and rights of the citizenry,” he said.
According to ICJ Kenya, the current social, economic, and legal concerns raised in the report do not require substantive constitutional reform measures.
It has further said that there are a number of lingering challenges, including the Covid- 19 pandemic which should be prioritised.
“Whereas ICJ Kenya support calls for a unified Kenya, we reject the BBI proposals on constitutional amendments in totality and reiterate that the amendments are unnecessary…what the Constitution 2010 requires is meaningful and deliberate implementation.”
