BBI report is good but needs revisions

I finally had a chance to read the Taskforce Report of the Steering Committee on the Implementation of the Building Bridges Initiative (BBI) to a United Kenya.

There are areas where I agree with the proposals of the report. In Chapter Two of the Constitution, the report’s emphasis on regional integration, cohesion, shared responsibility, and the centrality of the economy is on point.

The same goes for Chapter Three on Citizenship. The report rightly proposes protecting citizens’ personal data in Chapter Four on the Bill of Rights. I like the recommendations on Chapter Six of the Constitution that require conducting expeditious investigations, prosecutions, and trial of corruption-related matters.

Lastly, the recommendations on Chapter Eleven of the Constitution to increase resources to counties from the current 15 per cent to at least 35 per cent will ensure more funds are devolved to county governments.

However, there are areas that need further dialogue. In Chapter Seven on Representation of the People, I believe a better way to achieve the two-thirds gender rule in both the national and county assemblies is to require all political parties to present lists of candidates for national elections that adhere to the two-thirds rule.

On Chapter Eight on the Legislature and Chapter Nine on the Executive, the wage bill is already high. Adding a Prime Minister and his/her deputies would put an extra strain on the taxpayer and the economy.  Let’s look at numbers.

Articles 97 (1) (a), (b), (c), and (d) of the Constitution specify 290 elected members from all constituencies, 47 elected women from all the counties, 12 members nominated by parliamentary political parties, and 1 Speaker. Articles 98(1) (a), (b), (c), (d), and (e) specify 47 elected women from all the counties, 16 women members nominated by political parties, 2 members representing the youth, 2 members representing persons with disabilities, and 1 Speaker respectively. Therefore, in the National Assembly, there are 418 paid members. You have not even looked at county assemblies.

The only additional position that can be justified is that of the Official Leader of Opposition. Together with members of the legislature, she or he would check the powers of the Executive and Judiciary. Other than this, I believe the Executive should be left as is currently outlined in Chapter Nine of the Constitution.

In my view, the President elected directly by the people should retain his/her role as the Head of State and government. This will ensure separation of powers among the Executive, Legislature, and Judiciary.

I believe the devolved government as currently constituted provides Kenyans with an opportunity to chart their social, economic, and political pathways at the local level. The BBI report is a good starting point.

It requires further dialogue and compromise. In all this, the long-term economic health of the ordinary citizen should be the focal point.

Jared Oluoch, PhD, Michigan, USA