No cash for BBI referendum in Yatani budget

The Treasury has not provided cash for the referendum to implement the constitutional changes proposed under the Building Bridges Initiative.

The Independent Electoral and Boundaries Commission budget increases by Sh9.1 billion above its normal provisions, but not for the vote.

In budget estimates tabled in Parliament for 2021-22, the IEBC gets Sh1.1 billion for voter education, Sh2.8 billion for voter registration and Sh3 billion above the current budget for the ICT unit.

The regional election coordination offices get Sh177 million more whereas the secretariat costs rise by Sh2.2 billion.

Purchases of materials and supplies for by-elections account for Sh1.6 billion among other increases for travel during voter registration and education.

The commission has begun preparing for the 2022 General Election, which the current allocations would cater to according to the estimates.

The IEBC had projected that it would need Sh14 billion to fund the BBI referendum, an amount the commission says can change depending on how many new voters register before the poll. 

The commission said that the Sh14 billion budget is based on 19.6 million voters that were listed for the 2017 General Election.

The lack of budgetary allocation deepens the uncertainty surrounding the reforms drive spearheaded by President Uhuru Kenyatta and ODM leader Raila Odinga.

Senators are expected to vote on the Constitution of Kenya (Amendment) Bill on Tuesday and the next phase would be to call for a referendum. 

The National Assembly on Thursday gave the Bill resounding support. The majority — 235 MPs — supported the Bill. Sixty-three opposed it while two abstained.

BBI promoters had projected that the referendum would be held by June 14, a timeline that is uncertain for lack of a budget for the poll. 

BBI secretariat t co-chairman Junet Mohamed (Suna East MP) said that with the vote at the National Assembly, the timelines were now clear.

“We expect the Senate to finish this week so that we prepare for the referendum,” Junet said.   

“I can guarantee you, for those who doubted that there would be a referendum, the answer was on Thursday night.” 

The other hurdle for the referendum is in the courts. A three-judge bench of the High Court has stopped the electoral commission from conducting any preparatory activities for the referendum until it hears a case challenging the vote.

The High Court also stopped the assent to the BBI Bill by the orders, which remain in force until the judgment is delivered.

No date has been given as to when Justices Joel Ngugi, George Odunga, Jairus Ngaah, Chacha Mwita and Teresia Matheka will deliver their judgment.

Parliament is in the process of legislating the budget for the next fiscal year and it was expected the BBI money would be factored in– but that is not the case.

The promoters are planning for June or the latest August, according to multiple sources concerned with the unity drive.

Budget committee chairman Kanini Kega told the Star on Sunday there was no cause for  alarm as the date of the referendum has yet to be set.

The Kieni MP said that once the timelines are clear, a decision will be made on how to proceed with the budgetary needs.

Kega said the Constitution foresaw such a situation and Treasury Cabinet Secretary Ukur Yatani may invoke Article 223 to get the cash.

That law provides for a supplementary budget to get funds that are required and were not provided for in the budget.

“The Treasury can always invoke that provision. Money should not be an issue because of Article 223. The Cabinet Secretary can also spend and later regularise with Parliament,” Kega said.

Majority leader Amos Kimunya said no one can stop the will of the people as expressed in Article 1 of the Constitution — not even the courts. 

“We have done our bit. We will transmit the Bill to His Excellency the President as head of state. After that, he will need to do what he is supposed to do. I don’t expect anyone to gag him from doing his job as head of state,” the Kipipiri MP said.

Gatanga MP Joseph Nduati, who is also part of a team of lawmakers drumming up support for the BBI in Central, said money is not a problem.

“We are still in the budget-making process. The adjustments can still be made in case the President assents to the Bill and communicates the same to the IEBC to organise a referendum,” the lawmaker said.

Speaker Justin Muturi, in a ruling on the Bill, said it has provisions that must be subjected to the vote by universal suffrage.

A joint committee of the Senate and National Assembly also concluded the Bill must be taken to the people to decide.

(edited by o. owino)