Thread by @abdulnassir21

THREAD ALERT
1. Historical Background of BBI
2. Key Constitutional proposed amendments
3. Legislative amendments
4. Referendum bells

1. After the nullified presidential elections in 2017, the political mood and environment in the country was telling. The mid morning of 9th March 2018 was a new dawn in the political trajectory in Kenya. The famous HANDSHAKE was born.

2. President Uhuru and his political rival Rt Hon Raila Odinga on the historic steps of Harambee house procured this “political settlement/compromise” to ease the escalating political tensions witnessed after 2017 repeat elections.

3. The 9 point Agenda memo was the cornerstone and rudimentary block for this HANDSHAKE. Among the issues they agreed to enhance solving through a national discourse were: ETHNIC ANTAGONISM, CORRUPTION, INCLUSIVITY, DIVISIVE ELECTIONS,DEVOLUTIONS etc

3. The Hon Yusuf Haji led TASK FORCE was formed vide gazette notice to kickstart the process of collecting views, proposals, concerns, criticism all over the country. This attracted numerous entities that came forth to raise the deeply seated concerns within the 9 point agenda.

4. Thus the name BBI (Building Bridges Initiative) came to being. The first report captured numerous issues that Kenyans who had the opportunity to appear before the task-force raised. However, another process of validating the second report started.

5. The second report which was launched about a month ago is the current debate that has attracted inimitable, countless and numerous opinions across the divide. The Constitutional Amendment Bill 2020 is one that carries the SOUL of the BBI DEBATE

6. MEMBERSHIP of the SENATE as per article 98 of the CoK changes from 47 senators to 94. Each County is meant to produce two representatives (a man and a woman) . The 16 women, youth and people with disabilities representatives will not feature in the new architecture.

7. ORDER OF PRECEDENCE IN NATIONAL ASSEMBLY changes. BBI proposes that we shall have the SPEAKER, PRIME MINISTER and LEADER OF OFFICIAL OPPOSITION. The name(s) Leader of Minority and Majority do not exist in the BBI2 report.

8. ARTICLE 130 is the CRUX of the debate. THE EXPANSION OF THE EXECUTIVE to include PRIME MINISTER, Deputy Prime Ministers and the Cabinet Secretaries shall be referred as CABINET MINISTERS.

9. THE SUPREME COURT TIMELINE to hear and determine on a presidential election petition is proposed in the BBI to be 30 DAYS instead of the initial 14 days. This could be of the past history of VOLUMINOUS petitions to go through and evidence attachments.

10. Article 151 of COK to be amended and add the PRIME MINISTER and DEPUTY PRIME MINISTER. The PM shall be the new majority leader, supervise executive functions of ministries, chair cabinet committee meetings, oversee legislative agenda on behalf of government.

11. The new CABINET MINISTERS as per the #BBIReport may be appointed amongst the Members of National Assembly. This is also a contested area of concern in terms of accountability.

12. QUALIFICATIONS OF THE DPP are changed by the BBI REPORT. The BBI proposes that the qualifications of the DPP should be similar to that of a COURT OF APPEAL JUDGE and not the HIGH COURT. Article 157(3) is affected.

13. The PRESIDENT OF THE COURT OF APPEAL shall hold office for a SINGLE TERM OF 5 YRS. Also the DECISION of COURT OF APPEAL on an election petition(other than presidential election) is FINAL. Will this be fair to the LITIGANT ? A constitutional debate it is.

14. YEARS OF EXPERIENCES IN SUPERIOR COURTS. The BBI proposes that the current experience of Chief Justice and SCORK judges should be 20 instead of 15 years whilst the Court of Appeal judges should be 15 years instead of 10 years.

15. EXPANSION OF JSC MEMBERSHIP. The OMBUDSMAN will be the 10th person in the JSC as per the BBI. The members of JSC will not be eligible to extend their 5 year term. The BBI sanctions them from practicing in COURTS and TRIBUNAL when they serve during their term.

16. ESTABLISHMENT OF THE OMBUDSMAN OFFICE. He shall be nominated by the president. The crucial debate is that there shall be SIBLING RIVALRY between JSC and Ombudsman thus affecting the Judicial independence. Still a subject of debate.

17. NOMINATION OF A CANDIDATE OF THE OPPOSITE GENDER IN GUBERNATORIAL ELECTIONS. The BBI proposes if the candidate for Governorship is FEMALE, the deputy should be MALE and Vice Versa. This is a big win in the GENDER DEBATE.

18. LEGISLATION WITH REGARDS TO FUNCTIONS OF NAIROBI CITY COUNTY which was assigned to National Government (NMS Debate). This is a key proposed constitutional amendment in the BBI REPORT. Fourth Schedule of the COK is key in reconciling with this proposal.

19. THE HIKE OF PERCENTAGE IN EQUITABLE SHARE on all the revenues collected by the National Government shall not be less than 35%(BBI PROPOSAL) instead of 15%(initial figure in COK 2010)

20. THE ESTABLISHMENT OF THE WARD FUND. The BBI proposes that each county shall have the Fund. At least 5% of the County revenue collected shall be dedicated to the fund. It will be used for County’s development expenditure within the county wards.

21. THE ESTABLISHMENT OF THE YOUTH COMMISSION. The main function of this commission is to mainstream the youth perspective in planning and decision making. This is an expected boost in ensuring the youth’s voices are heard in a national discourse.

23. THE EXPANSION OF THE COMPOSITION OF THE NATIONAL SECURITY COUNCIL. The BBI proposes that the PRIME MINISTER is the additional member in the council.

24. The BBI proposes the following FUNCTIONs OF INSPECTOR GENERAL OF POLICE to be DETERMINING TRANSFERS, RECOMMENDS FOR PROMOTION, EXERCISE DISCIPLINARY CONTROL including SUSPENSION.

25. ESTABLISHMENT OF THE KENYA POLICE COUNCIL. The main function of this council is to exercise CONTROL and SUPERVISION of the National Police Service. A move that has been considered to be wrong considering the independence of the police throughout history. Still Debatable.

26. ESTABLISHMENT OF THE INDEPENDENT POLICING OVERSIGHT COMMISSION. This is a good boost since it is a CONSTITUTIONAL ANCHORED article and gives it legitimacy of a PEOPLE ORIENTED commission.

27. THE PROCESS OF RECRUITMENT of appointment positions shall commence at least SIX MONTHS before the lapse of the TERM OF THE OFFICE HOLDER. This is a contested proposal in the BBI REPORT.

28. KEY LEGISLATIVE AMENDMENTS PROPOSED IN THE BBI REPORT (pg 141-149)

29. THE PROMPT PAYMENT BILL,2020 the main idea behind this bill is to expunge/do away with the historical and perpetual problem of delayed payment in public procurements of good & services. The bill envisages PUBLIC INVOICES SETTLEMENT TRIBUNAL too

30. THE HELB ACT of 1995 is proposed to be amended and give LOANEES A GRACE PERIOD OF FOUR YEARS FROM THE DATE OF THEIR COMPLETION OF STUDIES. Also set to exempt loanees without a source of income from paying interests on their loans until they start earning

31. THE MICRO AND SMALL ENTERPRISES (AMENDMENT) BILL, 2020 the bill proposes to GIVE YOUTH-OWNED ENTERPRISES A 7 YEAR TAX BREAK. Establishment of INCUBATION CENTRES for NURTURING businesses is also a major proposal as per the BBI.

32. THE BBI proposes to amend THE LEADERSHIP AND INTEGRITY ACT and ensure PUBLIC PERSONAL, WEALTH & FINANCIAL DECLARATION for STATE OFFICERS to make declaration of income, assets & liabilities before, during & after leaving office. No doing business with public entity too.

33. The BBI propose to amend THE ELECTIONS ACT of 2011 to extend the DURATION OF CONDUCTING NOMINATION BY POLITICAL PARTIES from 90 to 120 days. To give time for parties to harness internal dispute resolution. The bill proposes criteria of appointing PRESIDING & RETURNING OFFICER

34. BBI propose to amend THE POLITICAL PARTIES ACT to obligate every political party to ESTABLISH AN INTERNAL DISPUTE RESOLUTION COMMITTEE to resolve issues within the party but not limited to NOMINATION quagmires.

35. BBI set to amend THE ELECTION CAMPAIGN FINANCING ACT of 2013 to prescribe and stipulate the SPENDING LIMITS (FINANCIALLY ) of a CANDIDATE, POLITICAL PARTY or REFERENDUM COMMITTEE.

36. THE ELECTION OFFENCES ACT of 2016 to be amended and PROHIBITS any person from offering incentives, tricking/deceiving a voter from transferring their registration from one electoral area to another. The bill prohibits harassment and violence against candidates.

37. THE CONTRIBUTION TI CHARITY BILL of 2020 is set to repeal the PUBLIC COLLECTIONS ACT. The Bill is set to regulate the popular HARAMBEES( public collections) It will set clear lines between PUBLIC COLLECTION FOR CHARITABLE PURPOSES & collection for private purposes.

38. THE PUBLIC PARTICIPATION BILL 2020 is a new dawn in the BBI legislative proposals. The bill is set to provide a detailed framework to conduct public participation in policy and legislative processes. A new office of REGISTRAR OF PUBLIC PARTICIPATION is established.

39. THE HEALTH (AMENDMENT) BILL, 2020 to establish the HEALTH SERVICE COMMISSION that is meant to resolve disputes between employers and healthcare workers in public service at all level of Governments. A debate proposal within the health fraternity.

40. THANK YOUUUU🙏🏻🙏🏻🙏🏻🙏🏻.