BBI I keep saying is going nowhere...

[RV Pundit]

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BBI has attracted 11 cases, both in high court and supreme court.

And we are just getting started. I expect more to be filled  - 1) Nyanza MCAs passed it without public participation 2) open bribery through car grants 3) open demand for money by MCAs to pass it - if Uhuru will be bribing MCAs - it will be caught in affidavits - and cases filled.

By the time we get to parliament - there will be maybe 15-20 court cases - filled all over - and all the Anti-BBI forces need is buy time (which they already got with IEBC injuncted) - so Uhuru can go home - and forget the nonsense.

And judiciary has all the motive to stop gov interference through Ombudsman and to punish Uhuru for holding 41 judges promotion. Most of judges in high court are stuck because of a rogue president -

Judiciary will certainly love to hit back at Uhuru - and they can do this by killing BBI. Uhuru did not even wait for BBI before refusing to appoint 41 judges ostensibly because he has fitina about them from NIS - a case that has been heard and determined to be unconstitutional. Now he wants to use BBI to give him powers to do it legallt.

[patel]

Uhuru should finish and go home. We have a new progressive constitution, implement that and move on. Uhuru should not try to use BBI to sneak in as PM. The focus at this time should be reviving the economy and job creation.

[RV Pundit]

That is precisely why his biggest enemy right now is time. And our biggest strength is time. Everyday he is becoming less and less powerful.
 
 Because he is such a sloth - he didn't even plan this BBI very well - they've 4yrs to get this done - but now - they are trying to rush the process - and are committing brazen illegalities in the process.

BBI - itself - no act of parliament - no budgetary allocation - opaque - report get changed almost at will.
Signature collection 1 week - through coercion and outright fraud.
IEBC were forced to verify signatures in a month - again they didn't even complete this exercise - and released a proper report - another illegality.
Now MCA are being bribed and forced to pass it in 2 weeks - without public participation.
Next parliament are being told to forgo the 90 days waiting period - and do it in a month.

But as they appease everyone - they forgot the judiciary have the aces . They already blocked the IEBC from anything BBI. Next is for them to declare it either null and void or to ask them to redo it again - this time by following the law.

And they already warned them. Judiciary that feel undone by Uhuru - who already illegally refused to appoint or promote 41 judges -now want ombusdman through BBI to allow executive to kill judiciary and Judiciary will be more than happy to kill BBI.

“Rushing the Constitutional (Amendment) Bill through County Assemblies and eventually Parliament, does not inoculate the resultant proposed constitutional amendment from the possibility that it could yet, upon final disposition of these petitions, be declared invalid,” the court added.

Uhuru should finish and go home. We have a new progressive constitution, implement that and move on. Uhuru should not try to use BBI to sneak in as PM. The focus at this time should be reviving the economy and job creation.

[RV Pundit]

Baringo KANU goes to court - to sue their MCAS. I am not sure how this help them - they are adding more delays.

[Higgins the genius]

Wakili Peter Wanyama:

Referendum NOT needed on 98 % of  clauses in the BBI

BBI is a political process; whoever controls the numbers wins. By the way, there is one fundamental issue that should be addressed now.  If more than 24 County Assemblies and Parliament pass the bill, the Constitution will  stand  amended on the clauses that dont require a referendum. In my considered view, only a few clauses in the bill should be subjected to a vote. The clauses touching on the protected parts of the Constitution.  Not all of them. In this regard, the Constitution of Kenya will be amended for the first time very soon without a plebiscite. Therefore, the UDA strategy of mobilising the 'hustlers' to reject the bill at referendum stage is not a strategy at all; because these other guys will still win -a half bite of the cherry-even if they lose the final  vote. In Parliament, a bill that emanates  from the County Assemblies requires a simply majority to pass  and not a two thirds threshold. It is soo easy to amend the Constitution. Aaaaah !  Let me break this down little bit.

BBI proposes to increase the number of MPs,  create the office of Prime Minister , alter the composition of the Cabinet and increase the allocation to counties upto 35 % . From a constitutional standpoint you dont require a referendum to pass these  proposals. If you study  the BBI proposals very carefully, you will note that we actually dont need a referendum on 98 % of the proposals in the Bill. Only one proposal, the creation of the office of Judiciary Ombusman- because it affects the independence of JSC- requires a referendum.

The drafters of BBI are political and   legal geniuses.  Hats off. 

You heard it first here.

[RV Pundit]

Is Peter Wanyama the judiciary. All these issues are before the court. And including more.

Ruto strategy should be to fight this through the judiciary. Uhuru the key proponent doesn't have time.

Once Judiciary declare any of the process leading to this "easy" process null and void - its back to square one.

Already they are breaking so many rules.

Yes majority in parliament after MCA can ammend the katiba - but they must follow very strict process,

Again because BBI is one package - how does president decides this one need a referendum and this one doesn't.

Bottomline this will be long battle in courts...and Uhuru doesnt have that ime.

Wakili Peter Wanyama:

Referendum NOT needed on 98 % of  clauses in the BBI

BBI is a political process; whoever controls the numbers wins. By the way, there is one fundamental issue that should be addressed now.  If more than 24 County Assemblies and Parliament pass the bill, the Constitution will  stand  amended on the clauses that dont require a referendum. In my considered view, only a few clauses in the bill should be subjected to a vote. The clauses touching on the protected parts of the Constitution.  Not all of them. In this regard, the Constitution of Kenya will be amended for the first time very soon without a plebiscite. Therefore, the UDA strategy of mobilising the 'hustlers' to reject the bill at referendum stage is not a strategy at all; because these other guys will still win -a half bite of the cherry-even if they lose the final  vote. In Parliament, a bill that emanates  from the County Assemblies requires a simply majority to pass  and not a two thirds threshold. It is soo easy to amend the Constitution. Aaaaah !  Let me break this down little bit.

BBI proposes to increase the number of MPs,  create the office of Prime Minister , alter the composition of the Cabinet and increase the allocation to counties upto 35 % . From a constitutional standpoint you dont require a referendum to pass these  proposals. If you study  the BBI proposals very carefully, you will note that we actually dont need a referendum on 98 % of the proposals in the Bill. Only one proposal, the creation of the office of Judiciary Ombusman- because it affects the independence of JSC- requires a referendum.

The drafters of BBI are political and   legal geniuses.  Hats off. 

You heard it first here.

[Higgins the genius]

257.

(1) An amendment to this Constitution may be proposed by a popular initiative signed by at least one million registered voters.

(2) A popular initiative for an amendment to this Constitution may be in the form of a general suggestion or a formulated draft Bill.

(3) If a popular initiative is in the form of a general suggestion, the promoters of that popular initiative shall formulate it into a draft Bill.

(4) The promoters of a popular initiative shall deliver the draft Bill and the supporting signatures to the Independent Electoral and Boundaries Commission, which shall verify that the initiative is supported by at least one million registered voters.

(5) If the Independent Electoral and Boundaries Commission is satisfied that the initiative meets the requirements of this Article, the Commission shall submit the draft Bill to each county assembly for consideration within three months after the date it was submitted by the Commission.

(6) If a county assembly approves the draft Bill within three months after the date it was submitted by the Commission, the speaker of the county assembly shall deliver a copy of the draft Bill jointly to the Speakers of the two Houses of Parliament, with a certificate that the county assembly has approved it.

(7) If a draft Bill has been approved by a majority of the county assemblies, it shall be introduced in Parliament without delay.
( A Bill under this Article is passed by Parliament if supported by a majority of the members of each House.

(9) If Parliament passes the Bill, it shall be submitted to the President for assent in accordance with Articles 256 (4) and (5).

(10) If either House of Parliament fails to pass the Bill, or the Bill relates to a matter mentioned in 255 (1), the proposed amendment shall be submitted to the people in a referendum.

(11) Article 255 (2) applies, with any necessary modifications, to a referendum under clause (10).

Is Peter Wanyama the judiciary. All these issues are before the court. And including more.

Ruto strategy should be to fight this through the judiciary. Uhuru the key proponent doesn't have time.

Once Judiciary declare any of the process leading to this "easy" process null and void - its back to square one.

Already they are breaking so many rules.

Yes majority in parliament after MCA can ammend the katiba - but they must follow very strict process,

Again because BBI is one package - how does president decides this one need a referendum and this one doesn't.

Bottomline this will be long battle in courts...and Uhuru doesnt have that ime.

Wakili Peter Wanyama:

Referendum NOT needed on 98 % of  clauses in the BBI

BBI is a political process; whoever controls the numbers wins. By the way, there is one fundamental issue that should be addressed now.  If more than 24 County Assemblies and Parliament pass the bill, the Constitution will  stand  amended on the clauses that dont require a referendum. In my considered view, only a few clauses in the bill should be subjected to a vote. The clauses touching on the protected parts of the Constitution.  Not all of them. In this regard, the Constitution of Kenya will be amended for the first time very soon without a plebiscite. Therefore, the UDA strategy of mobilising the 'hustlers' to reject the bill at referendum stage is not a strategy at all; because these other guys will still win -a half bite of the cherry-even if they lose the final  vote. In Parliament, a bill that emanates  from the County Assemblies requires a simply majority to pass  and not a two thirds threshold. It is soo easy to amend the Constitution. Aaaaah !  Let me break this down little bit.

BBI proposes to increase the number of MPs,  create the office of Prime Minister , alter the composition of the Cabinet and increase the allocation to counties upto 35 % . From a constitutional standpoint you dont require a referendum to pass these  proposals. If you study  the BBI proposals very carefully, you will note that we actually dont need a referendum on 98 % of the proposals in the Bill. Only one proposal, the creation of the office of Judiciary Ombusman- because it affects the independence of JSC- requires a referendum.

The drafters of BBI are political and   legal geniuses.  Hats off. 

You heard it first here.

I think most of the stuff will stand amended once Parliament passes the bill

[RV Pundit]

But BBI is one bill - and has matters that require a referendum. Unless you mean parliament will split the bill into referendum issues and non-referendum issues. Otherwise it will be hard to say section A that requires referendum has passed - and while section B is awaiting a referendum. In any case this will
require lots of court battles - and that is where this BBI really is headed. Judiciary.

There are a lot of issues that need clarity - 11 court cases already

257.

(1) An amendment to this Constitution may be proposed by a popular initiative signed by at least one million registered voters.

(2) A popular initiative for an amendment to this Constitution may be in the form of a general suggestion or a formulated draft Bill.

(3) If a popular initiative is in the form of a general suggestion, the promoters of that popular initiative shall formulate it into a draft Bill.

(4) The promoters of a popular initiative shall deliver the draft Bill and the supporting signatures to the Independent Electoral and Boundaries Commission, which shall verify that the initiative is supported by at least one million registered voters.

(5) If the Independent Electoral and Boundaries Commission is satisfied that the initiative meets the requirements of this Article, the Commission shall submit the draft Bill to each county assembly for consideration within three months after the date it was submitted by the Commission.

(6) If a county assembly approves the draft Bill within three months after the date it was submitted by the Commission, the speaker of the county assembly shall deliver a copy of the draft Bill jointly to the Speakers of the two Houses of Parliament, with a certificate that the county assembly has approved it.

(7) If a draft Bill has been approved by a majority of the county assemblies, it shall be introduced in Parliament without delay.
( A Bill under this Article is passed by Parliament if supported by a majority of the members of each House.

(9) If Parliament passes the Bill, it shall be submitted to the President for assent in accordance with Articles 256 (4) and (5).

(10) If either House of Parliament fails to pass the Bill, or the Bill relates to a matter mentioned in 255 (1), the proposed amendment shall be submitted to the people in a referendum.

(11) Article 255 (2) applies, with any necessary modifications, to a referendum under clause (10).

Is Peter Wanyama the judiciary. All these issues are before the court. And including more.

Ruto strategy should be to fight this through the judiciary. Uhuru the key proponent doesn't have time.

Once Judiciary declare any of the process leading to this "easy" process null and void - its back to square one.

Already they are breaking so many rules.

Yes majority in parliament after MCA can ammend the katiba - but they must follow very strict process,

Again because BBI is one package - how does president decides this one need a referendum and this one doesn't.

Bottomline this will be long battle in courts...and Uhuru doesnt have that ime.

Wakili Peter Wanyama:

Referendum NOT needed on 98 % of  clauses in the BBI

BBI is a political process; whoever controls the numbers wins. By the way, there is one fundamental issue that should be addressed now.  If more than 24 County Assemblies and Parliament pass the bill, the Constitution will  stand  amended on the clauses that dont require a referendum. In my considered view, only a few clauses in the bill should be subjected to a vote. The clauses touching on the protected parts of the Constitution.  Not all of them. In this regard, the Constitution of Kenya will be amended for the first time very soon without a plebiscite. Therefore, the UDA strategy of mobilising the 'hustlers' to reject the bill at referendum stage is not a strategy at all; because these other guys will still win -a half bite of the cherry-even if they lose the final  vote. In Parliament, a bill that emanates  from the County Assemblies requires a simply majority to pass  and not a two thirds threshold. It is soo easy to amend the Constitution. Aaaaah !  Let me break this down little bit.

BBI proposes to increase the number of MPs,  create the office of Prime Minister , alter the composition of the Cabinet and increase the allocation to counties upto 35 % . From a constitutional standpoint you dont require a referendum to pass these  proposals. If you study  the BBI proposals very carefully, you will note that we actually dont need a referendum on 98 % of the proposals in the Bill. Only one proposal, the creation of the office of Judiciary Ombusman- because it affects the independence of JSC- requires a referendum.

The drafters of BBI are political and   legal geniuses.  Hats off. 

You heard it first here.

I think most of the stuff will stand amended once Parliament passes the bill