LIKELY BBI Final Draft Highlights

[Garliv]

• Tweet

Unless Baba changes his mind, here's likely BBI Final Report.


1. 290 Constituencies to be retained

2. Nominated MPs to be increased from 12 to 162 to take care of highly populated constituencies

3. President will be elected directly  by the people to be Head of State and take charge of Internal Security, Defence and Foreign Affairs. He will have a Deputy President with roles defined in the constitution

4. Prime Minister will be voted for by parliament and will appoint all other Ministers. He will have 2 Deputy Prime Ministers

5. 50% of Ministers will come from parliament and the rest will be appointed outside parliament

6. The First Runner Up in a Presidential Election will occupy the best office of the Official Leader of the Opposition. His running mate will be the Deputy Leader of the Opposition. They will have a state funded shadow cabinet

7. Chief Justice will NOT be a member of the Judicial Service Commission

8. Health and Agriculture functions will revert back to national governments

9. IEBC Commissioners will be appointee by political parties

10. Nairobi County will be abolished

11. All monies to counties will be conditional grants from National Government to ensure devolved funds are spent for the intended purposes

12. If you are charged you can not vie for public office

[RV Pundit]

Chaotic mess at executive.Attempts to kill parliament by lording it with nominees.Kills devolution.Kill politics by charging your opponent.This nonsense should be rejecter in toto

[Njuri Ncheke]

Unless Baba changes his mind, here's likely BBI Final Report.


1. 290 Constituencies to be retained

2. Nominated MPs to be increased from 12 to 162 to take care of highly populated constituencies

3. President will be elected directly  by the people to be Head of State and take charge of Internal Security, Defence and Foreign Affairs. He will have a Deputy President with roles defined in the constitution

4. Prime Minister will be voted for by parliament and will appoint all other Ministers. He will have 2 Deputy Prime Ministers

5. 50% of Ministers will come from parliament and the rest will be appointed outside parliament

6. The First Runner Up in a Presidential Election will occupy the best office of the Official Leader of the Opposition. His running mate will be the Deputy Leader of the Opposition. They will have a state funded shadow cabinet

7. Chief Justice will NOT be a member of the Judicial Service Commission

8. Health and Agriculture functions will revert back to national governments

9. IEBC Commissioners will be appointee by political parties

10. Nairobi County will be abolished

11. All monies to counties will be conditional grants from National Government to ensure devolved funds are spent for the intended purposes

12. If you are charged you can not vie for public office

Full of treason, i think elites have known the power of nominated that can easily be twisted. They are trying to control kenya forever which will never happen, wven the best laid plans fail.

[Nefertiti]

Let see the real one - as we don't know the source of this one. Nominated look like appeasement for Central. They should just redo the boundaries or change the formula clause.

But I don't trust this leakage.

[RV Pundit]

Yes, this sound so nonsensical, almost designed to fail.

Let see the real one - as we don't know the source of this one. Nominated look like appeasement for Central. They should just redo the boundaries or change the formula clause.

But I don't trust this leakage.

[Garliv]

I remember around the time i joined Nipate, Pundit always pointed out that change of Katiba meant renegotiating a lot of deals and there is no workable formula agreeable to all. This is why BBI Katiba change is a mess. No matter what they come up, it doesn't fit. Or it is not good enough.
Redoing the boundaries is good and sounds so straight forward but in practice it very difficult. What formula will you use? How many people per constituency? Then what do you do with those who argue 1mile 1vote (consider geographical sizes)? Then what about those who consider themselves minorities and want own constituency? etc.. That's why nomination comes in as some "compromise" to convince. I know it's ridiculous, but what's workable anyway?

The leak is Okay as at the time and it was designed to enable them gauge "reaction before official release. Now they are contemplating "minimal changes" so that they just amend Executive structure. But how do you amend Executive and not other parts as they are related?

I now think the "official" BBI will be decided on a whim. That Uhuru/Baba will cobble something and then announce it surprising everyone.   They have built lots of hype; they have forced changes in Parliament and Senate to make sure they sail through, so they cannot stop now.

Unless Corona force them...

Let see the real one - as we don't know the source of this one. Nominated look like appeasement for Central. They should just redo the boundaries or change the formula clause.

But I don't trust this leakage.

[RV Pundit]

Standard report it will be bbi 1.0 with weak pm. A monumental waste of time and money. This thing should be part of 2022 election - you vote for the referendum. We cannot afford to waste more money.
https://www.standardmedia.co.ke/article/2001376724/bbi-it-s-powerful-president-and-pm

[Njuri Ncheke]

Standard report it will be bbi 1.0 with weak pm. A monumental waste of time and money. This thing should be part of 2022 election - you vote for the referendum. We cannot afford to waste more money.
https://www.standardmedia.co.ke/article/2001376724/bbi-it-s-powerful-president-and-pm

The nation has a different narrative, who to believe?
https://www.nation.co.ke/kenya/news/politics/bbi-team-yet-to-agree-on-contentious-issues-as-d-day-draws-near-1273128

[Nefertiti]

Yeah see m it BBI 1. Main items

1. Devolution 35% - very good
2. Nairobi Metropolitan look to be formalized - seem half-baked idea
3. CS to be MP-technocrat mix
4. JSC to be "more independent" - I don't trust this. Hope they don't fumble it
5. I don't see anything about Medical Service Commission - TSC for medics. This 2010 loophole was proposed by docs so hope it part of the report

Yes I agree this can be included in 2022 - but it choreographed to lineup folks - so expect usual shenanigans. On the other hand it won't have any opposition so it might pass easy-peasy. Can it be done by parliament?

[Nefertiti]

Standard report it will be bbi 1.0 with weak pm. A monumental waste of time and money. This thing should be part of 2022 election - you vote for the referendum. We cannot afford to waste more money.
https://www.standardmedia.co.ke/article/2001376724/bbi-it-s-powerful-president-and-pm

The nation has a different narrative, who to believe?
https://www.nation.co.ke/kenya/news/politics/bbi-team-yet-to-agree-on-contentious-issues-as-d-day-draws-near-1273128

Same story - the "contentious issues" are not deal breakers. JSC membership, NMS, gender parity. Structure of GoK, devolution, etc are already agreed.

[RV Pundit]

35% devolution - no need for the constitution - Uhuru should start now - and slightly up county allocation - based on last year's audited revenues? 1.6 trillion is about 400B - counties are getting 350B I think. Uhuru should proceed and increase it to 35%.... The problem the auditor general is years behind to get us the latest audited results.

I like Nairobi Metropolitan services - make it special federal county - and expand the borders of Nairobi to include the metro..but nothing really prevent gov from investing in Nairobi.

Politicizing ministers and executive - the wrong move - would require altering of our presidential system - and we will have the previous mongrel. Instead, CS & AG- should be required to attend parliament as ex-officio members, and answer questions on a regular basis.

Bottom line if it's just adding PM - in NARA form - coordinate and supervisor of ministers - and also acting like majority leader - that is all we need to expand the pie and make more a lot happier - so be it.

I like the MSC - not sure anymore - most counties seem to have handle health better - apart from Waiguru.

In short - it hard to get something that will satisfy everyone - but we are all agreed on weak PM  - just to share the cake - renamed Duale job to PM.

No need for expensive referendum.

Yeah see m it BBI 1. Main items

1. Devolution 35% - very good
2. Nairobi Metropolitan look to be formalized - seem half-baked idea
3. CS to be MP-technocrat mix
4. JSC to be "more independent" - I don't trust this. Hope they don't fumble it
5. I don't see anything about Medical Service Commission - TSC for medics. This 2010 loophole was proposed by docs so hope it part of the report

Yes I agree this can be included in 2022 - but it choreographed to lineup folks - so expect usual shenanigans. On the other hand it won't have any opposition so it might pass easy-peasy. Can it be done by parliament?

[Nefertiti]

35% of 1.6T is 560B. What they been calling 35% is a lie - more like 20% - 350B is 21.8% of 1.6T. It good to formalize and enforce devolution as % of the current year's revenue projections - not 2015 "audited" figures. This can be done by MPs - you only need referendum to reduce the % - increasing is allowed without referendum I think. If am wrong then it can be bundled with 2022 - noone oppose that.

35% devolution - no need for the constitution - Uhuru should start now - and slightly up county allocation - based on last year's audited revenues? 1.6 trillion is about 400B - counties are getting 350B I think. Uhuru should proceed and increase it to 35%.... The problem the auditor general is years behind to get us the latest audited results.

Yes this NARA hybrid is noisy mongrel.  I thnk with non-executive PM who chair cabinet sub-committees - a merger of Duale-Matiang'i role - you can't have CS as pure non-MPs - they need to be MPs to make sense. Cause you are trying to domicile "accountability" in parliament while retaining PORK. Wish parliament can just alter devolution clause to 35% - plus NMS, MSC, etc - and leave the PM hybrid nonsense out. Any protected clauses - as say devolution - can be bundled with 2022.

For me iI wanted Exec PM. Anyway it should be proper parliamentary or status quo pure presidential. Since both Ruto and Raila camps agree with BBI1 there is no need to appease Kalonzo, Giddy or Mdvd. With Big 3 Uhuru, Ruto, Raila agreed the 2nd tier would just make noise but toe the line. In any case PM and deputies will still end up as Mdvd, Kalonzo and Joho/Nanoks retiring governors. They will all run for MP now. Mdvd and Kalonzo will swallow hard, eat humble pie and run for MP.

MSC is good idea - doctor union slept on the job in 2010 - as KNUT fiercely guarded their TSC from being devolved.

Doesn't say anything about Senate as upper house - but I guess detailed report will have all that. Integrity or anti-graft clauses of limiting cases to 1 year, capping MP budget, protecting judiciary budget, etc better be in there.

Gender parity or 160 nominated is DOA - too many MPs and MCAs already. With presidential being retained Gema are okay. They can have governor/DG as alternate gender to appease women.

I like Nairobi Metropolitan services - make it special federal county - and expand the borders of Nairobi to include the metro..but nothing really prevent gov from investing in Nairobi.

Politicizing ministers and executive - the wrong move - would require altering of our presidential system - and we will have the previous mongrel. Instead, CS & AG- should be required to attend parliament as ex-officio members, and answer questions on a regular basis.

Bottom line if it's just adding PM - in NARA form - coordinate and supervisor of ministers - and also acting like majority leader - that is all we need to expand the pie and make more a lot happier - so be it.

I like the MSC - not sure anymore - most counties seem to have handle health better - apart from Waiguru.

In short - it hard to get something that will satisfy everyone - but we are all agreed on weak PM  - just to share the cake - renamed Duale job to PM.

No need for expensive referendum.

[Nefertiti]

Pundit what is your take on making JSC "more independent" - by adding non-judicial members?

[Pajero]

Anything that proposes a weak PM is trash,we better remain with current system.Its a big NO for me.

[RV Pundit]

PSC is made almost exclusively of MPs. Why would JSC be any different? Judiciary needs to be independent of the executive and parliament. Not independent of itself. Uhuru is just trying to take Judiciary back to the days when Moi and Kibaki would appoint judges.

JSC should have judges, magistrates, and judicial officers as the majority.

It should be the 3rd arm of gov. It is what will protect us from presidents or parliament.

All this frustration stem from Judiciary becoming the bulwarks of his dictatorship - he can take you to court on triumphed charges and that is all.

Pundit what is your take on making JSC "more independent" - by adding non-judicial members?

[RV Pundit]

The executive PM would be altering the entire constitutional architecture built on a presidential system.

We now want to a mongrel. The same thing we rejected in 2010 - including cabinet ministers who are MPs. It funny. BBI basically want to turn back the clock.

I wish we can focus more on devolution - esp on getting power matrix right - not just money. If we devolve more - we wil reduce the power of the presidency.

But folks want more money with same functions.

Anything that proposes a weak PM is trash,we better remain with current system.Its a big NO for me.

[Nefertiti]

I wish fake PM get rejected by MPs - so long as Big 3 agree - MPs can just pass 35% devolution, NMS, MSC. BBI and PM was needed to kill Ruto grip in Mt Kenya - and that project is going well - in any case Ruto backs BBI1 already so it pointless. I don't see Uhuru-Raila really pushing for powerless PM - Uhuru stooge will be Raila DPORK.

Kalonzo, Mdvd and Gideon - the 3 national bimbos - are too entitled and stupid to tell they are going nowhere as PORK or DPORK. So they wouldn't mind scrapping fake PM. Come D-day they will be left high and dry. Kalonzo will probably cap his career as Foreign CS or fake PM - after being VP. I saw Mutula Jr bashing Murkomen furiously during Waiguru debate as Kalonzo try hard to please Uhuru. Ruto is stringing Mdvd fool. Only Johos would make noise if they scrap hybrid.

Proper parliamentary is definitely dead so BBI has been disappointing nonsense for me. Let see what happens.

Devolution 35% needs another Transitional Authority- like the 2010-2013 one lead by Wamwangi Someone - to work on proper structures. It can even be lead by CoG chair - between now and 2022. Then the structure can be be updated in County Government Act or something. I don't think Uhuru or national government will allow devolving more money without functions - or even MPs or Raila-Ruto - unless they sleep on the job. As reverse healthcare to national MSC - obviously other functions need to be devolved. This needs a proper team to handle not MPs.

MSC also needs some work to fledge out the structure - cause it was 90% devolved. At least we still have MoH so MSC would be just TSC model more or less. There never was a MSC before was there? Before 2010 - I don't recall. Did MoH handle everything?

The executive PM would be altering the entire constitutional architecture built on a presidential system.

We now want to a mongrel. The same thing we rejected in 2010 - including cabinet ministers who are MPs. It funny. BBI basically want to turn back the clock.

I wish we can focus more on devolution - esp on getting power matrix right - not just money. If we devolve more - we wil reduce the power of the presidency.

But folks want more money with same functions.

[Nefertiti]

Yes I agree on the need to keep Executive out of the equation. PORK needs to be removed in judges appointment - CJ should swear them in. You also need to protect the judiciary budget automatic % of revenues allocated with severe penalty for any saboteur - to avoid Treasury or MPs shenanigans of slashing when there is a small quarrel. EACC should deal with any integrity issues in judiciary as all other cases.

The only contention is how to check JSC... esp CJ as chair cannot impeach himself. But judiciary is traditionally weakest arm in the checks and balances so I see nothing wrong with powerful CJ. It makes him more assertive and independent. CJ should be able to tell off PORK bila wasi wasi.

Independent judiciary solves the trumped up charges of governors, protects devolution and many problems - like party hostile takeovers. But the judges should make such calls themselves independently. It very important to balance integrity vs independence. Your budding devolution is a 4th arm of government that needs nurturing - both protection of performers and pruning bad apples.

Status quo should at least remain. LSK and others need to make lots of noise about it. I see this is the contentious issue in BBI - I suspect it ODM refusing to water down JSC - what do you think 

PSC is made almost exclusively of MPs. Why would JSC be any different? Judiciary needs to be independent of the executive and parliament. Not independent of itself. Uhuru is just trying to take Judiciary back to the days when Moi and Kibaki would appoint judges.

JSC should have judges, magistrates, and judicial officers as the majority.

It should be the 3rd arm of gov. It is what will protect us from presidents or parliament.

All this frustration stem from Judiciary becoming the bulwarks of his dictatorship - he can take you to court on triumphed charges and that is all.

[Garliv]

I like this; "The 3 national bimbos" 

Truth is there is no need for constitutional changes. and even what need to be changed is really not that "big.." for Kenya to go through BBI Extensive Fraud. But we all know it was designed majorly to give Uhuru another chance at being within power. And Raila to finally have power. So BBI is actually a Uhuru/Raila affair. To contain and hammer Ruto became necessary to attain those objectives...  If you Get Uhuru or Raila out of BBI there will be absolutely no impetus or desire for BBI; NONE.

But they are finally realizing what we knew all along; IT IS NOT EASY TO HAVE CONSENSUS ON FUNDAMENTAL AMENDMENTS TO THE CONSTITUTION especially structure of government. Indeed a parliamentary system by definition makes Uhuru a political persona non grata in Mt. Kenya. It is also very difficult because it brings up issues of equal representations (MPs) and other issues which are really difficult to agree on.

They have tried every trick but even among themselves they reach deadlocks. Now i believe Raila and Uhuru will at the 11th hour produce their draft which will head to PArliament/Senate without much scrutiny. Right now they feel they have momentum; they have purged all perceived rebels and inserted their assured sycophants to lead the onslaught in Parliament;  Uhuru is wielding Executive powers and most MPs known to engage in criminal or borderline criminal conduct plus most are easily bribed so THEY BELIEVE THEY WILL PASS ANYTHING.

Only problem AT THIS HOUR is Raila's hospitalization. Things were expected to have started improving (medically) for Raila but progress is much slower. And concern growing....

I wish fake PM get rejected by MPs - so long as Big 3 agree - MPs can just pass 35% devolution, NMS, MSC. BBI and PM was needed to kill Ruto grip in Mt Kenya - and that project is going well - in any case Ruto backs BBI1 already so it pointless. I don't see Uhuru-Raila really pushing for powerless PM - Uhuru stooge will be Raila DPORK.

Kalonzo, Mdvd and Gideon - the 3 national bimbos - are too entitled and stupid to tell they are going nowhere as PORK or DPORK. So they wouldn't mind scrapping fake PM. Come D-day they will be left high and dry. Kalonzo will probably cap his career as Foreign CS or fake PM - after being VP. I saw Mutula Jr bashing Murkomen furiously during Waiguru debate as Kalonzo try hard to please Uhuru. Ruto is stringing Mdvd fool. Only Johos would make noise if they scrap hybrid.

Proper parliamentary is definitely dead so BBI has been disappointing nonsense for me. Let see what happens.

Devolution 35% needs another Transitional Authority- like the 2010-2013 one lead by Wamwangi Someone - to work on proper structures. It can even be lead by CoG chair - between now and 2022. Then the structure can be be updated in County Government Act or something. I don't think Uhuru or national government will allow devolving more money without functions - or even MPs or Raila-Ruto - unless they sleep on the job. As reverse healthcare to national MSC - obviously other functions need to be devolved. This needs a proper team to handle not MPs.

MSC also needs some work to fledge out the structure - cause it was 90% devolved. At least we still have MoH so MSC would be just TSC model more or less. There never was a MSC before was there? Before 2010 - I don't recall. Did MoH handle everything?

The executive PM would be altering the entire constitutional architecture built on a presidential system.

We now want to a mongrel. The same thing we rejected in 2010 - including cabinet ministers who are MPs. It funny. BBI basically want to turn back the clock.

I wish we can focus more on devolution - esp on getting power matrix right - not just money. If we devolve more - we wil reduce the power of the presidency.

But folks want more money with same functions.

[Garliv]

There is this UNDENIABLE fact that since JSC commenced its role of recruiting and recommending magistrates/judges for appointments, the LOBBYING and arrangements such as scratch-my-back-i-scratch-yours have been rampant. Very. This i know for a fact. Indeed any lawyer who has applied based on qualification and experience have found out how it really works; cronyism. And Advocates narrate stories on how so and so ended up being appointed even not so qualified/deserving. How do you cure that?
When Moi used to appoint, there was political lobbying/consideration which made many hate that system.

Adding non-judicial members just make JSC bloated. For appointment sake, there should be CJ, representative from Clergy, one Senate nominee and LSK President. They pick those to be appointed but the President may reject their proposal. I am of the view IF JSC is left to do hiring and then disciplinary issues then the worst form of judicial cronyism will exist for generations. 

Pundit what is your take on making JSC "more independent" - by adding non-judicial members?