One day, a report from a joint parliamentary committee revealed how lawmakers tried to circumvent legal landmines in the constitutional amendment bill. The repercussions of the unconstitutional ruling on the new constituency clause rocked the former Prime Minister’s camp
Under the leadership of the ODM Director for Political Affairs, Opiyo Wandayi, the 14 MPs rejected and distanced reports of divisions in ODM the party apparently from the action of the Senate minority leader, James Orengo, the Rarieda MP, Otiende Amollo, and the Nyamira Senator, Okong ‘o Omogeni.
The trio are signatories of a majority report in which the The schedule for the distribution of the proposed 70 additional constituencies has been declared unconstitutional. This finding has shaken the camps of Mr Odinga and his handshake partner, President Kenyatta.
The report, which will be examined by the National Assembly during a special session tomorrow and Thursday, says that the proposal to add the 70 constituencies to Due to the powers of the sponsors of the Bridges Initiative (BBI), the distribution of the new electoral units to 28 districts was unconstitutional because it had usurped the role of the electoral commission.
Minority whip of the National Assembly Junet Mohamed, MPs Olago Aluoch (Kisumu West)) and Peter Kaluma (Homa Bay Town) are among the MPs who did not attach their signatures to the majority report showing the negative result, or to a minority who supported the action has criticized.
Full behind the BBI report
Mr Wandayi and six other ODM MPs said yesterday, the Odinga-led party I fully support the BBI report. The dispute over the content of the bill was part of a last-minute effort by opponents of the process to derail its implementation and deny the Kenyans the benefits of the document.
“This bill became overwhelming Majority of district assemblies approved after being adopted by millions of people in Kenya. In this context, we have gathered here as elected leaders to express the unique and undivided support for BBI endorsed by the Kenyan people and the majority of the district assemblies, ”said Wandayi, who is also a deputy from Ugunja / p>
Mr Wandayi said ODM will not come back to the Uhuru Raila handshake of March 2018 and insist that Parliament play no role in amending the BBI document.
He said the responsibility of MPs also rests with either approving or rejecting the bill in its entirety and that those calling for changes were “delusions”.
The majority report finding that jeopardizes the BBI process could be considered not in the interests of Mr The Odinga Cause and President Kenyatta, hence yesterday’s action by ODM to ensure its support for the referendum campaign on the day the Be Judgment was presented to Senate Speaker Ken Lusaka and his counterpart Justin Muturi.
There are reports that a minority report by Nairobi Senator Johnson Sakaja, supported by six members of the Joint Committee, found the schedule to be unconstitutional was, as “extremist” described, quickly met with approval in Parliament.
In his minority report, Mr Sakaja rejects the majority position that the BBI was not right to assign the proposed 70 constituencies to the counties.
Allocation of constituencies
“The allocation of constituencies according to the proposed second timetable of the bill remains the proposal or the idea and there can be no justification for Parliament to claim this proposal on legal grounds to displace. This would mean usurping the constituent sovereign power that belongs to the people. “
Mr Sakaja rejected the committee’s assertion that the distribution of constituencies between counties constituted a delimitation, a task that will remain with the Independent Electoral and Boundaries Commission (IEBC).
< p> “What the proponents of the BBI have proposed cannot finally be defined as a delimitation. This is a division of the constituencies. For these to take effect, Article 89 applies, with the exception of Article 4, which has been proposed to be deleted. As a result, the IEBC retains the power to delimit, ”said Sakaja. Reps Jennifer Shamala, John Munene, Anthony Kiai, Robert Gichimu, Zuleikha Hassan and Emmanuel Wangwe signed the minority report and although the 70 constituencies landmine was the one the committee could not agree on, its report highlighted how they tried to bypass other legal landmines.
Among other things, MPs declared this to be unconstitutional, but let them say that they should be changed later if the National Police Service Commission (NPSC) functions are removed, as well as an amendment to give the Judicial Service Commission unconstitutional powers that punish judges even before the investigation is completed.
MPs also have repealed the review objected to by cabinet secretaries and senior government officials despite changes to the provisions on the ombudsman of Justice z demanded.
The undeclared MPs The provision that the Judicial Service Commission will be empowered to “take disciplinary action against a judge before an investigation has been carried out”.
Regarding The NPSC has challenged the committee on an amendment that transfers the key functions of the Justice Department Agency to the Inspector General.
Regarding the review of CSs and senior officials, the committee said, “The proposed deletion of the requirement, Cabinet Secretary, Cabinet Secretary and Chief Secretary Checking is not unconstitutional. It is highly undesirable. “
Regarding whether Parliament can prevent an unconstitutional amendment from being passed, MPs have removed the two houses from the roll and thrown the ball back to the courts and the people they said they would have him the last word on a popular initiative even if Parliament shot down such an amendment on the ground.
Regarding the errors identified in the bill, including quoting a nonexistent Article 87 (7) when The BBI wanted to change Article 89 (7) on Delimi The establishment of limits and the citing of a non-existent Clause 3 instead of Clause 2 in Article 97 on the relationship between the two levels of government, the Joint Committee advised against correcting errors at this point.
MPs also ruled out several questions in the planned referendum.
This is another blow to Vice President William Ruto, who has consistently called for a multi-question referendum.