WHY BBI WAS REJECTED
WHY BBI WAS REJECTED
The Background
The Building Bridges Initiative (BBI) was a proposal to amend the Constitution of Kenya. It was a product of a handshake between President Uhuru Kenyatta and former Prime Minister Raila Odinga in March 2018. The BBI task force was formed in November 2019 to collect views from Kenyans on the proposed amendments. The task force submitted its report in November 2020, and the BBI Bill was published in January 2021.
The Proposed Amendments
The BBI Bill proposed a number of amendments to the Constitution, including:
1. Expanding the Executive
The BBI Bill proposed to create the position of Prime Minister and two deputy Prime Ministers. The President would appoint the Prime Minister from the majority party in the National Assembly, and the deputy Prime Ministers from the minority parties.
2. Creating a Judiciary Ombudsman
The BBI Bill proposed to create the position of Judiciary Ombudsman to investigate complaints against judges and magistrates. The Ombudsman would be appointed by the President with the approval of the National Assembly.
3. Establishing a Truth, Justice and Reconciliation Commission
The BBI Bill proposed to establish a Truth, Justice and Reconciliation Commission (TJRC) to address historical injustices. The TJRC would be mandated to investigate human rights abuses committed between 1963 and 2002.
4. Devolving More Functions to Counties
The BBI Bill proposed to devolve more functions to counties, including health, education, and agriculture. The counties would be given more resources to enable them to deliver these services effectively.
The Rejection
The BBI Bill was rejected by the Court of Appeal in August 2021. The court ruled that the BBI was a popular initiative and not a constitutional amendment. The court also ruled that the President had no power to initiate a constitutional amendment.
The Reasons for the Rejection
There are a number of reasons why the BBI was rejected. Some of the reasons include:
1. Lack of Public Participation
There was a widespread feeling that the BBI process was not inclusive and that the public was not given enough opportunity to participate. The BBI task force only collected views from a small number of people, and the BBI Bill was drafted without any input from the public.
2. Unnecessary Amendments
Many people felt that the BBI amendments were unnecessary and that they would not solve the problems facing the country. The amendments were seen as a power grab by the President and his allies.
3. Legal Challenges
The BBI Bill was challenged in court by a number of groups and individuals. The court cases raised a number of legal issues, including the question of whether the BBI was a popular initiative or a constitutional amendment. The court eventually ruled that the BBI was a popular initiative and not a constitutional amendment.
The Conclusion
The rejection of the BBI Bill was a major setback for President Kenyatta and his allies. The BBI was seen as a key part of Kenyatta's legacy, and its rejection has left him with a weakened presidency. The rejection of the BBI has also raised questions about the future of the handshake between Kenyatta and Odinga.
Frequently Asked Questions
1. What was the Building Bridges Initiative (BBI)?
The BBI was a proposal to amend the Constitution of Kenya. It was a product of a handshake between President Uhuru Kenyatta and former Prime Minister Raila Odinga in March 2018.
2. What were the proposed amendments in the BBI Bill?
The BBI Bill proposed a number of amendments to the Constitution, including expanding the Executive, creating a Judiciary Ombudsman, establishing a Truth, Justice and Reconciliation Commission, and devolving more functions to counties.
3. Why was the BBI Bill rejected?
The BBI Bill was rejected by the Court of Appeal in August 2021. The court ruled that the BBI was a popular initiative and not a constitutional amendment. The court also ruled that the President had no power to initiate a constitutional amendment.
4. What were the reasons for the rejection of the BBI Bill?
There are a number of reasons why the BBI Bill was rejected. Some of the reasons include lack of public participation, unnecessary amendments, and legal challenges.
5. What are the implications of the rejection of the BBI Bill?
The rejection of the BBI Bill has a number of implications. It has weakened the presidency of Uhuru Kenyatta, raised questions about the future of the handshake between Kenyatta and Odinga, and created uncertainty about the future of constitutional reform in Kenya.
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