Senators drawn from president Uhuru Kenyatta’s camp and that of his handshake counterpart Raila Odinga have set aside their political affiliations wondering how they will look in the face of Kenyans if they pass a faulty BBI document.
A recent report by the Justice and Affairs Committee revealed that the document seeking to amend the Kenyan Constitution 2010 is riddled with errors.
While members of the National Assembly appeared to agree that Parliament cannot tinker with the bill, senators are pushing to amend the document.
In a move that could strike a blow against the BBI promoters, President Uhuru Kenyatta and ODM leader Raila Odinga, the senators said the bill has ‘several fundamental flaws’ that need to be corrected before it is taken to a referendum.
According to the senators, the Bill cannot be subjected to a referendum without amendments.
“How will we look in the face of Kenyans if we take to them a bill that has errors?” Nyamira Senator Okong’o Omogeni said.
Omogeni, who is a close ally to Raila Odinga, cited clause 13 (b) of the bill that seeks to amend Article 97 of the Constitution saying the document erroneously makes reference to clause (3), while that in the National Assembly correctly makes reference to clause (2).
“In fact, there is no clause 3 in Article 97 of the Constitution as referred to in the BBI bill before the Senate,” he said.
Murang’a Senator Irungu Kang’ata on the other hand affirmed that the errors in the document are not just typographical adding that the document before the National Assembly is somehow different from the one before the senate.
“We do have two Bills. One before the Parliament and another one before the Senate hence there is nothing that stops this House from removing all amendments that are unconstitutional and taking to the people constitutional amendments,” he said.
Other lawmakers pushing for the ammendment of the Bill include Petronilla Were (nominated), George Khaniri (Vihiga), Kipchumba Murkomen (Elgeyo Marakwet), Aaron Cheruiyot (Kericho) and Enoch Wambua (Kitui).