Will BBI even go to a referendum?

Denis Young

Elder Lister
This not the first time I have heard this question asked and worse still, it is coming from proponents of the BBI ammendment bill.

It is starting to dawn on me everytime I listen to credible constitutional lawyers that this ammendment will not go to a referendum.

Why?

The president and Raila can in fact, legally or illegaly, decide that the changes i.e the executive, CS's and Judicial Ombudsman do not fundamentally alter the constitution.

We already know the National Assembly is beholden to the executive so you can simply forget intellectual debate there. The senate on the other hand is at least 50/50 since many senators have been kicked out of government for their support of Ruto. There you can expect the usual arrests and intimidation but it will pass regardless.

It will all come down to this.

1. Can the government influence a favorable final outcome at the ballot to create the image of a credible referendum?

2. If not, what is stopping Uhuru from assenting the bill into law?

Remember the only recourse would be the courts but by the time we even get a ruling, we will already have an imperial president, flanked by his prime minister and two deputies.

The president will for example be able to increase term limits allowing him to vie yet again.

That is when you will understand why the likes of Murathe and Atwoli have been saying that Uhuru is too young to retire.

When Uhuru also says that hataachia mwizi, remember even thieves also lock their doors.
 
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1. Can the government influence a favorable final outcome at the ballot to create the image of a credible referendum?
No, they will rig... unless voting robots surprise us on that fateful day.

2. If not, what is stopping Uhuru from making the bill into law?

Nothing but the resolve of Kenyans, unless people decide to sacrifice this construct called Kenya to keep their tribal kings at the feeding trough and forgetting they will be forcefully made to contribute to the feeding trough.

I also hope the coming taxes and conditions created by accepting that IMF loan will fuck Kenyans proper so they develop some common sense.
 
The courts could rescue us from this scam although a positive outcome is dependent on the quality of the lawyers who argue against the BBI

The suit most likely to get BBI's Constitutional amendments declared unconstitutional is one filed by Lawyer Charles Kanjama on IEBC's lack of signature verification capacity

There was also the question of whether the State can amend the Constitution through the popular initiative route and using state resources, that too looks very likely to succeed

The last one is on the Constitution's basic structure which could have some amendments declared incompatible with the Constitution, the PM and DPM positions plus sitting MPs being appointed to cabinet could get axed, the judiciary Ombudsman too

It is about to get very hoooot
 
The courts could rescue us from this scam although a positive outcome is dependent on the quality of the lawyers who argue against the BBI

The suit most likely to get BBI's Constitutional amendments declared unconstitutional is one filed by Lawyer Charles Kanjama on IEBC's lack of signature verification capacity

There was also the question of whether the State can amend the Constitution through the popular initiative route and using state resources, that too looks very likely to succeed

The last one is on the Constitution's basic structure which could have some amendments declared incompatible with the Constitution, the PM and DPM positions plus sitting MPs being appointed to cabinet could get axed, the judiciary Ombudsman too

It is about to get very hoooot
That is my point. I believe this are the cases that were compiled together with the Linda Katiba one which I believe will be heard mid March.

The current order from the courts stops the IEBC from starting the referendum process and that is why I am convinced that the handshake team might decide to avoid that route completely.

Who would stop them then? The cases in court don't cover that scenario.
 
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This not the first time I have heard this question asked and worse still, it is coming from proponents of the BBI ammendment bill.

It is starting to dawn on me everytime I listen to credible constitutional lawyers that this ammendment will not go to a referendum.

Why?

The president and Raila can in fact, legally or illegaly, decide that the changes i.e the executive, CS's and Judicial Ombudsman do not fundamentally alter the constitution.

We already know the National Assembly is beholden to the executive so you can simply forget intellectual debate there. The senate on the other hand is at least 50/50 since many senators have been kicked out of government for their support of Ruto. There you can expect the usual arrests and intimidation but it will pass regardless.

It will all come down to this.

1. Can the government influence a favorable final outcome at the ballot to create the image of a credible referendum?

2. If not, what is stopping Uhuru from assenting the bill into law?

Remember the only recourse would be the courts but by the time we even get a ruling, we will already have an imperial president, flanked by his prime minister and two deputies.

The president will for example be able to increase term limits allowing him to vie yet again.

That is when you will understand why the likes of Murathe and Atwoli have been saying that Uhuru is too young to retire.

When Uhuru also says that hataachia mwizi, remember even thieves also lock their doors.
After demanding a new helicopter each as a bribe !
Expect alot of amendment at both senate and national assembly !
Even the wording BBI will change !
 
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