BBI bombshell: Counties passed fake BBI bills

The Building Bridges initiative to reach the referendum seems like a pipe dream as it emerged that the majority of county assemblies voted and passed the wrong document.

The Joint Justice and Legal Affairs Committee on April 20 revealed that only 13 counties had been given and passed the correct version of the document. 

It also emerged that the two houses of Parliament also received two different documents for debating. However, experts say that the Senate’s document is certified by the Independent Electoral and Boundaries Commission (IEBC). 

President Uhuru Kenyatta and former Prime Minister Raila Odinga display copies of the report after its presentation by the Building Bridges Initiative at Kisii State Lodge. October 21, 2020.PSCU

The committee is now grappling with a legal stalemate to harmonise the different documents that have three competing articles. 

In the report received by the National Assembly, clause 13 (B) references clause 2 of the bill, in the Senate document, clause 13 (B) references clause 3. Experts warned that the correct reference is clause 2 as there is no clause 3 in Article 97 in question.

There is also an error in the marginal note that amends article 188, however, the substantive provision relates to article 189.

The second schedule in the version received by the National Assembly references Article 89 (7) while the document in the Senate makes reference to Article 87 (7). Experts say the correct referencing is Article 89 (7)

This also exposes the Senate’s BBI version to errors despite it being the document certified by the IEBC. 

Some of the counties that received the correct version include Mandera, Meru, Tharaka Nithi, Embu, Nyandarua, Nyeri, Murang’a, Kiambu, Turkana, Elgeyo Marakwet, Laikipia, Nakuru, and Siaya.   

The consensus among the committee members is that it is almost impossible to amend the bill.

The experts report however suggested that Parliament is at liberty to correct the format and typo errors in the document.

Maisha TV spoke to some Kenyans who worry that the whole amendment to the constitution has been rushed and the process almost done without the majority of citizens reading the BBI document that will have strong impact on them.