Governors vow to push for amendments on Shareable Revenue through Parliament after BBI collapse » Capital News

NAIROBI, Kenya, Aug 23- The Council of Governors (CoG) now says that it will work with Parliament in pushing for Constitutional Amendment Bill on shareable revenue following the collapse of the Building Bridges Initiative (BBI) Bill.

Speaking during a press conference on Monday, CoG chairperson of the legal and Constitutional affairs committee Governor Kiraitu Murungi said BBI had beneficial proposals for the County Governments that cannot be done away with.

“It was envisaged that through these amendments, County Governments would have an increase in their equitable share from the current 16.9 % to not less than 35% of the total revenue collected. This will enable the County Governments to empower informal small scale traders, women, youth, persons with disabilities and the economically disadvantaged,” Murungi said.

“We will explore alternative avenues to ensure that revenue to the Counties increases to at least 35% of the shareable revenue.”

Murungi criticized the 7-judge bench that dismissed the BBI appeal, saying they did not consider the substantive issues in the Bill.

“The Council is of the position that the Judgment made on Friday 20th August 2021, did not consider the substantive issues contained the constitutional amendment Bill. Court’s decision largely focused on the procedural aspects of a constitutional amendment process. We however note that there are clauses that can be amended through a Constitutional Amendment Bill under Article 256 of the Constitution of Kenya which does not require a referendum,” said.

A seven-judge bench of the Court of Appeal on Friday upheld the Constitutional Court judgment finding the BBI process illegal and unconstitutional, in a decision set to shift the political landscape with less than a year before the country goes to General Elections.

“The president does not have authority under the constitution to initiate changes to the constitution,” Court of Appeal President Daniel Musinga said.

The court also upheld the decision on the quorum threshold in the Independent Electoral and Boundaries Commission saying the number of commissioners must not fall below 4.

“The amendments proposed by the BBI initiative were so far-reaching in character, scope and content as to shake the foundation and alter the identity and character of the Constitution,” Justice Patrick Kiage said.

The Court of Appeal judgement has attracted mixed political reactions with Deputy President William Ruto who has been against the Bill, saying the judgment was a win-win for the people and an affirmation of the rule of law, and judicial independence. 

“The court decision reaffirms that Kenya is a country governed by the rule of law, not the rule of men, where the Constitution and sovereignty of the people are supreme, and not the political elite. However, no one has won or lost: It is a win-win for the people and the Constitution, I laud the courage of the judges who have bravely defended the Constitution,” Ruto said.

Amani National Congress (ANC) leader Musalia Mudavadi on Sunday attributed the collapse of the BBI to the failure of its leadership to tolerate divergent views.

Mudavadi, who spoke during a church service in Ngong, blamed the BBI proponents led by ODM leader Raila Odinga and President Uhuru Kenyatta for refusing to listen to other people’s views and politicizing the push to review the constitution.

“When leaders refuse to listen to each other and make themselves a one-man choir, the consequences are grave. We have spent resources over the last three years, talking about this thing, refusing to listen to each other and making it a one-man thing, and now the court has stopped it,” he said.

The ANC leader further called on leaders to respect each other and create an all-inclusive society that will benefit all Kenyans.