- Azimio expressed apprehension that president William Ruto's constitutional amendment proposals to Parliament mirror failed BBI's path.
- Ruto has proposed amendments to the Constitution to establish the office of the leader of opposition.
Image: FILE
Azimio has warned that the resolutions of the bipartisan talks could face legal headwinds if some Kenya Kwanza proposals are taken up.
The Raila Odinga camp said, like the Building Bridges Initiative that was declared null and void by courts, the end product might suffer the same fate unless carefully navigated.
The BBI process was declared null and void by the Supreme Court on grounds that it was a presidential initiative disguised as a popular process to amend the Constitution.
On Thursday, Azimio expressed apprehension that President William Ruto's constitutional amendment proposals to Parliament mirror BBI's path and therefore could annul the process.
Ruto has proposed amendments to the Constitution to establish the office of the leader of opposition.
Committee co-chair and Rarienda MP Otiende Amollo said that given that Ruto presented to parliament the same issues raised in the bipartisan talks through the Kenya Kwanza team, it might be perceived that he initiated the dialogue.
"You will recognise that in the respective issues submitted by both parties, there is a contemplation of issues touching on the Constitution, which may also require a constitutional amendment. You will remember that the Supreme Court held in the BBI case that no amendment can be initiated at the instance of the President," Amollo explained.
"For that reason, we recognise that to the extent that the President has raised some of those issues in Parliament and also through these talks, then we will turn in danger of negating our work."
It has emerged that the bipartisan talks team has already rejected legalisation of their initiative through an executive order by the president saying it would set their resolutions in the path of a court challenge.
Retired President Uhuru Kenyatta has established the BBI process through a gazette notice that the courts cited as a ground for presidential involvement in the initiative.
The Supreme Court had held that a President cannot initiate a constitutional amendment through the popular initiative saying that is a preserve of ordinary people.
"The President commenced and spearheaded the process from its inception and only passed on the baton to the two co-chairpersons when it was too late in the day and beyond recall," the apex court ruled.