BBI Co-secretariat, Paul Mwangi, has warned that secret operatives are inching closer and closer to finally successfully frustrating the BBI document after failing in their last attempt.
Paul Mwangi expressed his fears saying that after unsuccessfully trying to throw a spanner in the works by claiming that parliament had the ability to amend the draft, they had now resorted to handwork sabotage.
He said that had they been successful in inserting changes into the Bill, this would have created the ideal situation for the whole process to be thrown out, because a popular Initiative push doesn’t allow legislature interference.
In the latest quagmire that the Constitutional Amendment Bill 2020, popularly known as BBI, finds itself in, the Joint Justice and Legal Affairs Committee on April 20 revealed that only 13 counties received and passed the correct version of the document.
Both houses of Parliament also received different documents. However, according to some sources, the version which Senate is in possession of is the one certified by the Independent Electoral and Boundaries Commission.
The committee is now at a crossroads, grappling with how to harmonise the different documents that have three competing articles.
In the report received by the National Assembly, clause 13 (B) references clause 2 of the bill, in the Senate document, clause 13 (B) references clause 3. Experts warned that the correct reference is clause 2 as there is no clause 3 in Article 97 in question.
There is also an error in the marginal note that amends article 188, however, the substantive provision relates to article 189.
The second schedule in the version received by the National Assembly references Article 89 (7) while the document in the Senate makes reference to Article 87 (7). Experts say the correct referencing is Article 89 (7)
This also exposes the Senate’s BBI version to errors despite it being the document certified by the IEBC.
Some of the counties that received the correct version include Mandera, Meru, Tharaka Nithi, Embu, Nyandarua, Nyeri, Murang’a, Kiambu, Turkana, Elgeyo Marakwet, Laikipia, Nakuru, and Siaya.