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Senate Speaker Kenneth Lusaka Senators has ruled that
Senators will not be able to amend the Building Bridges Initiative (BBI) Bill.
In his letter to the Senators, the Senate Speaker said that
Parliament which is tasked with representing the people’s will cannot claim to
go against the will of the people who have clearly expressed themselves.
“It is a path taken by citizens who recognize that all
sovereign power belongs to the people of Kenya, as stated in Article 1 of the
Constitution, and that the people of Kenya may exercise their sovereign power
directly or through democratically elected representatives,”
“I am persuaded that a proper construction of the
Constitution leads us to the conclusion that Parliament’s delegated power to
exercise the sovereignty of the people by representing their will does not and
cannot extend to subverting, altering or substituting that will with its own
wisdom, where the people have unequivocally expressed themselves.
According to Article 257(8) of the Constitution, the Senators
must either pass or reject the Bill in its entirety.
He further rejected all notices of proposed amendments to the
Bill at the Committee Level.
This is after Senators Irungu Kang’ata (Murang’a) and Senator Enoch Wambua (Kitui County) had submitted amendments for the BBI Bill.
“I am of the
view and I rule that invoking Articles 10 and 259 of the Constitution and
applying Standing Order No. 1 requiring the Speaker to decide all matters not
expressly provided for by the Standing Orders, it is appropriate that the
Speakers of Parliament correct ‘formal errors’ or oversights without changing
the substance of the Bill before certification of the Bill and submission to
the President,” Speaker Muturi explained.
Last week, Siaya
Senator James Orengo expressed confidence that the Bill would be passed by
Senate this week.
According to
Orengo, the Jubilee and ODM parties are committed to the realization of
constitutional reforms.
He expressed confidence that the House would unanimously pass the
BBI Bill due to their cordial working relationship as evidenced by the famous
‘handshake’.
“The BBI bill be
passed by the Senate and the National Assembly next week, then a referendum in
July or August, I hope you will all vote in support when then time comes,”
Orengo said.
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