This archive report was first published on 25 November 2019.
Kenya's path to implementing the Building Bridges Initiative (BBI) report may be fraught with challenges, particularly in the absence of referendum laws.
As the country awaits the release of the BBI report on November 26, 2019, the possibility of the report recommending a referendum is high. However, the difficulties in amending the 2010 Constitution may hinder the implementation of such a proposal.
Majority Leader Aden Duale emphasized the need for a referendum law, stating that since the promulgation of the constitution in 2010, the Executive has not presented legal proposals to oversee a referendum.
According to Duale, Parliament needs to enact a referendum law to kick-start the process of a referendum. He cited the Election Act of 2011 as the law used by the IEBC to receive signatures for Okoa Kenya and Punguza Mizigo.
Minority Whip Junet Mohamed, however, disagreed with Duale, citing the 2005 referendum as an example of a successful referendum conducted without a referendum law.
Junet argued that the Elections Act has provisions on referendum under sections 49 and 50, which are sufficient for now. He also pointed out that the 2005 referendum results were taken as endorsed by the people.
Pushing through the report without a referendum law could lead to litigation, as those opposing a referendum may use the courts to raise legal issues.
As the BBI team prepares for the report's release, sources have indicated that the task force has recommended the creation of the position of prime ministers and two deputies, in addition to the current president and deputy president.
House leadership has called for the prioritization of proposals by Ndaragwa lawmaker Jeremiah Kioni and Endebes MP Dr. Robert Pukose to address the referendum shortcomings before parliament breaks for recess.
