UNCONSTITUTIONAL

LSK rejects BBI, urges parliament to shoot down Bill

Led by its President Nelson Havi, the society said the Bill is unconstitutional.

In Summary

• Havi said the Bill seeks to overhaul the Constitution by changing the structure of governance through a process that is not inclusive or participatory.

• Havi cited the proposal to change the structure of the constitution by introducing the Office of Prime Minister and two deputies.

The Law Society of Kenya has rejected the Constitution of Kenya (Amendment) Bill, 2020 and urged Parliament to shoot it down in totality. https://bit.ly/38x0rvX

The Law Society of Kenya has rejected the Constitution of Kenya (Amendment) Bill, 2020 and urged Parliament to shoot it down in totality.

Led by its President Nelson Havi, the society said the Bill is unconstitutional.

Havi said the Bill seeks to overhaul the Constitution by changing the structure of governance through a process that is not inclusive or participatory.

"The Bill does not conform and seeks to altar the norm of the Constitution," Havi said when he made a presentation to joint Justice and Legal Affairs Committees of Parliament on Thursday.

Havi cited the proposal to change the structure of the constitution by introducing the Office of Prime Minister and two deputies.

"The current Constitution envisages the situation where we have a pure presidential system . Any attempt to altar this is so vast in its scope to be called an amendment," he said.

The council also termed the plan to pick cabinet members from parliament unconstitutional.

LSK also objected to the provision giving SRC powers to determine fees changed by professions to county and national governments saying it will undermine the independence of the bar.

However, Havi came under attack from the MPs especially those who are members of the council.

Led by Rarieda MP Otiende Amollo, the legislators questioned whether the views contained in the document were personal.

According to them, the society never collected the views of members before filing the memorandum.

Olago Aluoch said the submission should be treated as personal views because an AGM was not called to get members' views.

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