WANYEKI: BBI is a Nefarious Political Fraud.

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I have stated on this forum, and I repeat, 2022 elections would be held under this very 2010 constitution. Not a comma or period would be shifted or introduced.

The status quo, which has been denigrated as an unfair, un-inclusive, “winner-takes-all” scheme that has negated our ethnic diversity, by the very people enjoying the attendant powers, and appointing into government jobs, only people from their own community, shall prevail in 2022 and beyond.

Inviting more tribal demigods on the eating table, is by no means Wanjiku’s idea of inclusiveness. The so called Building Bridges Initiative, whose one and preponderant agenda is expanding the executive, is therefore, a nefarious political fraud.

I reiterate, it is an honour among thieves, aimed at perpetuating their thieving schemes beyond their term in office.

It is not that some of us have an axe to grind with Uhuru Kenyatta or Raila Odinga, their families or the dynasties they represent, but truth must be told. The Kenyattas, the Mois and the Odingas have less than been honest with Kenyans.

They behave as if they own this country and we are their sheepish subjects. The growing disdain against the so called dynasties is not by default. It is a festering wound on the soul of the majority reeling under poverty and want.

The plain truth is, these families have more to hide through maintaining a perpetual stranglehold on state power. They are wolves who have suddenly become more concerned in the welfare of the poultry.

The proposals being bandied around about Uhuru Kenyatta succeeding himself as executive Prime Minister is solely informed by personal survival and preservation. It is a shameless insult to our collective intelligence, and self worth as a nation and as a people.

Listening to James Orengo yesterday, I could feel the desperation within the handshake when he insinuated that for any constitutional amendment to apply in the next elections, the referendum must be held by July this year.

This by default confirms the urgency and purpose of BBI and the sustained calls for a referendum to amend the 2010 constitution. Otherwise the time frame wouldn’t be a concern to a vocal constitutional reformist. Constitutionalism is perpetual.

Now slowly read article 257 of the Constitution that deals with the Popular Initiative in amending any of the articles referred to in article 255 of the 2010 constitution. There are well defined steps and timelines that precede the referendum, which is a MUST.

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These steps organically and systematically follow each other. None can run concurrently with the other and I don’t suppose there can be any monkey business for a crash programme. There is no national constitutional urgency.

Former Attorney General Githu Muigai has weighed in regarding the turn around time for any constitutional amendment to apply in an election:

“… constitutional changes can only be applied for an election if the amendment has lasted for at least 24 months.”

Now factor that the mandate of the BBI was extended for a further 18 months? They are supposedly collecting views about their already presented report instead of drafting a bill, collecting signatures and preparing for a referendum? Am I missing something?

Jim Orengo very well knows July is a pipe dream. But in consonance with his party’s kimeibiwo-fungua-server doctrine, he is playing to the gallery and subtly communicating some narrative to his zombified base.

Soon you will hear chants of “No Referendum, No eleksons.” Never mind the timelines, the zombies will believe they are being denied their “constitution-is-very-clear” right to amend the constitution. But are they? Considering:-

By the time the proponents of this BBI agree on a bill for a referendum and collect at least a million signatures it would be June.

County assemblies must consider that bill within three months and send the approved bill with certificate of approval to the Speakers of both houses of Parliament. That would be at least September.

Parliament has a further three months to consider the bill for compliance with the constitution and relevant laws, publicise it and through the Attorney General publish it for IEBC to kick off the referendum process. That would be earliest November.

IEBC has a further three months to prepare, frame the referendum question, accredit referendum committees, print the ballot papers and hold a referendum. That would be earliest February or March 2021.

And of course the 30 days thereafter if the people approve the amendments for the president to assent and cause the bill to be published into law.

Dear Ng’ondus, don’t waste your saliva or attempt to swallow your heads shouting BBI and referendum in one sentence. In the remotest chance that there would be a referendum, the amendments out of BBI, DCI or whatever other acronym will kick in for the 2027 elections.

Tuko pamoja? Twî hamwe? Nîtûraiguithania? Nîtûranyitana? Write somewhere in bold – THERE WILL BE NO REFERENDUM!

Ng’ondu ici!

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