Raila actually allowed "editorial changes" - you can google it. Meant to appease PWDs, MCAs, etc - without conceding anything to Mobutu. The aim is obviously to corner Mobutu into No - because duhh - yes-no duel benefit Raila.
Raila was adamant no major changes would be entertained.
Gender is court-ordered - complete with an advisory from the mercurial Maraga. BBI does not create 1/3 rule it already in 2010 katiba. All those bills that failed in parliament proposed the same top-ups. Actually whether or not BBI passes 1/3 headache will still be there. Don't conflate things.
Second, BBI has strong props that are better empowerment than present and other proposed tokenisms
1. Parties are forced to ensure 1/3 in
primaries 2. Nominated are for women who vie and lose prioritized by votes received. That ensure strong women get nominated and not flower-girls
3. Gender top-ups sunset clause is 15 years not perpetual
4. Parties are incentivised to field strong women by getting more funds - there is a gender metric in party fund
These measures are a big improvement on 1/3 issues created in 2010 and not by BBI
Well they did - but still BBI has major flaws.
1) Parliament - will become unwieldly - with possible 180 nominated Mps - that will be joke of the century.
Wanjikus have right to report judicial misconduct to independent office. JSC is police service - ombudsman is a knockoff IPOA. See? It moronic to pretend judges should oversight themselves. Of course it can be abused but so can any other office appointed by PORK. Judiciary is not a sacrosanct organ.
2) Judiciary Ombudsman - Appointed by PORK and vet by Senate (conveyor belt) - and it's job is obvious - collect dirt and intimidate judges - If JSC is unable to
run judiciary - investigate judges and magistrate - upon petition - let us have evidence of their inactivity - there is none.
CS will be MPs and that reduce the duplicate headcount. Already we have more CAS than the 14 proposed in BBI. The present non-MP cabinet is excess fat that get trimmed by BBI. You have about 50 non-elected CS and CAS now - BBI cure this infection. Duale and Mbadi roles and deputies become D/PM and Leader of Opposition.
3) Parliament - back to Deputy Ministers - 41 was Kibaki number - and minister in parliament and MCA - totally messed up system of gov. We will start having powerful politician as ministers - not proffesional apolitical onces we have.
Bomas 2005 - CoE 2010 - all had hybrid "mongrel" - same as pre-2010. Selfish MPs doctored them in Kilifi and Naivasha. The same Wanjikus who wanted to elect PORK also wanted to domicile cabinet in parliament. The core of 2010 was reduce PORK powers and devolution. Both get enhanced by hybrid and 35%.
In short - this is just mongrel we came from - and we are going back.
In short Pundit - katiba 2010 is not the Commandments. Even old testament was amended in new St James version
BBI did not drop from the sky but was proposed by Kenyans for 2 years. Heck even Mobutu Bomas and twitter ideas have been included. Barasa and other poodles indicate Mobutu will oppose. Tough luck.