- Muturi directed that the Bill be introduced to the House immediately, since the law provides that once a majority of 24 counties is reached
- Three county assemblies did not meet the requirements for submission of the draft Bill and will be alerted on the same
MPs are set to begin debate on the BBI Bill after more than 24 county assemblies submitted their resolutions to the speakers of the National Assembly and Senate.
The Bill amending the Constitution will be introduced in the two Houses of Parliament concurrently after its publication by the Government Printer today, National Assembly Speaker Justin Muturi said on Thursday.
Muturi, in a communication which was also read to Senators by Speaker Kenneth Lusaka, reported that at least 30 county assemblies have submitted reports of how they voted on the BBI Bill to Parliament.
They are Siaya, Homa Bay, Kisumu, Trans Nzoia, Busia, Kajiado, West Pokot, Laikipia, Kisii, Nairobi, Bungoma, Garissa, Mombasa, Taita Taveta, Kakamega, Kitui, Vihiga, Murang'a, Narok, Makueni, Kirinyaga, Nyeri, Machakos, Nakuru, Meru, Tharaka Nithi, Tana River, Embu, Nyandarua, Marsabit and Kericho.
Three county assemblies did not meet the requirements for submission of the draft Bill and will be alerted on the same.
Some 13 county assemblies are yet to communicate their resolutions to the speakers of the two Houses with a certificate indicating their approval.
Muturi directed that the Bill be introduced to the House immediately, since the law provides that once a majority of 24 counties is reached, “it shall be introduced in Parliament without delay.”
“The BBI Bill has met the requirement of the law. I direct that we commence the process of the Bill without any delay,” he directed.
He said members will be guided after the respective House Business committees decide how the process would be handled.
“The Bill will be introduced concurrently and processed in a parallel manner. We will be updating each other and respective Houses as necessary,” Muturi said.
The Speaker directed the clerks to publish the information detailing the list of county assemblies that have submitted the draft bill and the certificates approving or rejecting the same.
County assemblies are required to submit a copy of the Bill and the certificate of rejection or approval of a draft Bill to amend the Constitution.
Muturi said the provisions are "coached in mandatory terms to remove instances of ambiguity and discretion in the manner in which the counties considered the Bill."
Baringo, which voted to reject the BBI bill, only submitted the certificate of rejection, the county assembly did not provide the copy of the draft Bill.
“It is therefore not possible to know what they rejected,” Muturi said. The same was the case of Kwale which however approved the Bill.
Nyamira submitted its report although attached a Bill which had clauses that varied from the Bill submitted by the IEBC to the county assembly.
“At this moment, it is difficult to determine whether Nyamira county assembly received the correct Bill and amended it or if the assembly passed a different document,” the Speaker said.
Kwale county assembly submitted a certificate of approval but did not submit a copy of the draft Bill that the county lawmakers approved.
Muturi said 14 counties are yet to deliver the draft Bill to the speakers of both Houses and their certificates of approval.
IEBC delivered the first set of Bills on January 27. Elgeyo Marakwet was the last to receive the Bill. The last date for their resolution is May 3, 2021, having received the Bill on February 3.
Article 257 of the Constitution says each county assembly shall consider the draft Bill within 90 days.
Leader of Majority Amos Kimunya on Thursday said the Bill will get a smooth sailing in Parliament, saying they plan to conclude the process within two weeks.
Kenyans are expected to vote on the proposals in a national referendum which BBI promoters intend to stage by June.
-Edited by Sarah Kanyara