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Mps now seek to amend constitution through Parliament after BBI hurdle

May 31, 2021
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Members of parliament are now proposing to amend some section of BBI through parliament, following the courts move to halt the referendum drive.

This new move comes ahead of an anticipated prolonged court process.

With the move to amend the BBI through a parliamentary initiative now receiving backing from National assembly speaker Justin Muturi, the proponents of BBI now describe it as a win win process that will not divide Kenyans.

In the national assembly, the drive is led by former Majority Leader Aden Duale ,who has said that this the only way Kenyans will be united once the MPs amend the constitution through parliament.

“It’s easy to identify issues that do not require a referendum and we deal with them in parliament but to push through such amendments,the proponents of the parliamentary initiative will require a two thirds majority in both houses to sail through the amendments,”Duale said.

A joint parliamentary committee has been formed to look into some proposals that can be discussed and passed through parliament to avoid court delays and the risk of losing the entire bill should the High Court ruling be upheld.

Here is the list of MPs and Senators who will champion for BBI amendments both in National Assembly and Senate.

  1. James Orengo – Chair
  2. Moses Kuria – Co-Chair
  3. Aden Duale
  4. Cecily Mbarire
  5. Shadrack Mose
  6. Soipan Tuya
  7. John Sakwa Bunyasi
  8. Abdulswamad Sheriff Nassir
  9. Otiende Amolo
  10. Mithika Linturi
  11. Johnson Sakaja
  12. Aaron Cheruiyot
  13. Mutula Kilonzo Jnr

On Thursday, May 27,Catholic bishops called on leaders vouching for the adoption of the bill through a referendum to let go of the conversation and focus on urgent issues.

They recommended the referendum to be held after the 2022 General Election.

“As the fate of BBI goes through the court process, one that could drag for months, it is important for Kenyans to bear in mind that it may not be possible to hold a referendum before the August 2022 polls,” said the bishop.

Their sentiments came barely weeks after ANC Party Leader Musalia Mudavadi shared similar concerns.

Speaking during a cultural ceremony held at the home of Kieni MP Kanini Kega, Musalia vouched for a parliamentary process to salvage crucial proposals in the bill that were likely to be delayed or lost altogether.

“Parliament through an IPPG (Inter-Parties Parliamentary Group) process can help us achieve some of the amendments and be able to defeat some of those constitutional timelines,” said the former vice president.

Constitutional setback Promoters of the BBI draft suffered a major setback when a five-judge bench declared the amendment bill unconstitutional on Thursday, May 16.

The judgement did not go down well with supporters of the bill who came out guns blazing and accused the judges of exercising “judicial activism” at the expense of delivering justice.

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