• BBI Bill goes to Parliament - a formality - before being put to the voters in a referendum.
•Elgeyo Marakwet, Uasin Gishu and Mandera county assemblies are yet to submit their decision on the BBI amendments, the first constitutional amendment Bill.
Image: FILE
Lawmakers have assured BBI promoters of speedy approval of the first Bill to amend the Constitution, saying it will be expedited and timelines shortened.—
The bill was formally introduced in the two Houses of Parliament on Thursday for steering through the next stages by the joint Justice and Legal Affairs committees.
Speakers Justin Muturi (National Assembly) and Ken Lusaka (Senate) directed tabling of the the Constitution of Kenya (Amendment) Bill, 2020. They received certificates of passage from 40 county assemblies. Only two assemblies — Baringo and Nandi — presented certificates of rejection.
Standing Order 140 (1) of the Senate provides that a Bill, having been read a first time, shall be committed to the relevant Standing Committee without question, Lusaka said.
In the National Assembly, the BBI Bill was introduced through a procedural motion co-sponsored by the Majority and Minority leaders.
“This House notes the approval of the Draft Constitution of Kenya (Amendment) Bill, 2020 by a majority of the County Assemblies.
“…and affirms to expeditiously consider the said Bill in keeping with the requirements of Article 257(7) of the Constitution,” the speakers said.
The speakers directed that upon its first reading, the Justice committees will facilitate public participation.
“The Committee is required to hold joint sittings with the Departmental Committee on Justice and Legal Affairs of the National Assembly on the Bill and undertake joint public hearings pursuant to Standing Order 224 of the Senate,” Lusaka added.
He urged the committees to expeditiously consider the Bill and give feedback to the Houses in view of the importance and urgency of the proposed constitutional changes.
The committees will jointly hold public participation and issue a report by March 23.
House leaders defended the hastened procedure to introduce the Bill and rejected assertions that the 'special treatment' borders on breaches of the law.
Some members had raised concerns on whether the bill required 90 days in between the first, second and third readings.
There were also grey areas on whether the bill would require two-thirds of members to consider it passed and the context of public participation.
Rarieda MP Otiende Amollo, a constitutional lawyer, said the BBI Bill does not require 90 days between readings.
“The Bill is under a popular initiative as defined in Article 256 of the Constitution. There is no need for super majority – two thirds since Article 257 (8) speaks of simple majority.”
Amollo restated that members have no room to amend the draft, saying, “MPs cannot be at liberty to adjust the thinking of the three million Kenyans who signed in support of the Bill.”
“The process has gone through county assemblies. The ultimate test of public participation is the vote by the people in a referendum. It is different from where MPs vote in the plenary,” the Justice and Legal Affairs committee vice chairman said.
Majority leader Amos Kimunya said the Bill was introduced in the House through the IEBC.
“We cannot treat it like others. There is nowhere it is said a Bill under popular initiative is to be introduced in a specific form.”
“We need to recognise that the promoters have gone through a process and have met the requirements at each process, having been passed by 43 county assemblies,” the Kipipiri MP added.
Minority leader John Mbadi said, “If we successfully amend the Constitution through any initiative, it proves that the Constitution is working.”
“No one can usurp the power of the people with respect to amending the Constitution through the popular initiative,” the Suba South MP added.
In criticising the 'ignorance' of some members, Mbadi said BBI has enemies.
“If we made any mistake in the processing, we would have faced a lot of hurdles on our way.
“With respect to the timelines of the BBI Bill, the tradition of adhering to maturity period will be of no value given the Bill has been in public beyond 21 days provided in the law,” Mbadi said.
Ndaragwa MP Jeremiah Kioni and CIOC chairman said the process was unique being the first constitutional amendment Bill before the current Parliament.
“It is important that this Parliament be part of what Kenyans want done.”
On why the bill was not published, he said that would have given room for detractors to sneak in some elements that were not in the Bill as passed by MCAs.
“We need to be careful with attempts to go back to the government printer. When we did the 2010 Constitution, there was a sunset clause on the nomination but we lost it somewhere in between. We need to know who to trust,” Kioni said.
Muturi directed the clerk of the National Assembly to release an invitation for public participation on the Bill, and invite the promoters as key participants.
JLAC will also be responsible for the second and third reading of the Bill with the House Business Committee expected to set time limits for each member to speak.
Elgeyo Marakwet, Uasin Gishu and Mandera county assemblies are yet to submit their decision on the amendments..
Muturi said Articles 257(7), (8), and (9) of the Constitution do not, in themselves, identify the specific mover of the key processes of introduction and consideration.
“To my mind, therefore, the Constitution tasks the collectivity of Parliament with the process of introduction and consideration of such a Bill.”
He asked JLAC, while conducting public participation, to extend an invitation to the promoters of the Bill – the BBI team — to exhaustively explain the philosophy behind the Bill
(Edited by V. Graham)