Hon Aden Bare Duale Comments on #BBI

By Hon Duale 
What next for the BBI Report? 
Yesterday, the much awaited Building Bridges Report was finally unveiled. Keeping with the principle of “read then comment”, today, I want to confirm I have concluded reading the 156 pages Report. 
I must admit has a myriad of recommendations touching on the structure of government, devolution, inclusivity, representation and the fight against corruption especially in the public service. 
In my view, the recommendations are indeed great and if implemented it will among other things enhance efficiency in the manner in which the Executive and Legislature execute their roles, it will ensure that more women are represented in elective posts, ... 
It will ensure that counties have adequate funding to perform their functions and root out corruption in the public service.

I must commend the Taskforce on the BBI led by my Senator and Elder Haji, who have made the people Garissa, NEP & Kenya for the great job, well done. 
Moving on, now that we have the Report, what next?

1.If you have read the report, you will observe that the recommendations contained in the Report call for both administrative and legislative solutions for it to be implemented. 
In terms of Article 256 of the Constitution which confers upon Parliament the role of amending the Constitution through passage of Bills that do not touch on matters under Article 255 of the Constitution.

4.However, debate should be informed by facts... 
Fact number one: Are those calling for referendum aware that for you to go to a referendum it has to relate to matters touching Article 255 of the Constitution? 
Have those people calling for a referendum read the Report to see whether it contains matters relating to Article 255 of the Constitution. I did not see any of these in the Report. So those shouting Referendum should first read the Constitution and the Report concurrently. 
5.Fact number two: Are those calling for a Referendum aware that there exists no Referendum law to govern the process? This is similar to calling people to eat, when you have no firewood or food to cook. 
6.Fact number three: Are those calling for a Referendum aware of the cost of conducting a Referendum amidst the tough economic times facing this country?... 
Would you rather spend and waste billions of shillings on matters that do not require referendum instead of using the same billions to provide services to Kenyans? 
7.Fact number four: Are those calling for a Referendum aware that Article 257 of the Constitution, which provides for amendment of the Constitution through popular initiative that ends up in Referendum, ... 
That there exists no law to govern the legal vaccum that arise from Article 257 of the Constitution? Want to know more on this? Ask Ekuru Akot. He has more experience on how his Punguza Mzigo ended on a death knell through Article 257 of the Constitution. 
8.Fact number five: Are those calling for a Referendum aware of the polarization Referendum campaigns are likely to cause? Are those calling for a Referendum aware of the effect such campaigns are likely to do to our economy through disruptions of businesses? 
Are those calling for a Referendum aware of heightened political pressure that is likely to arise from such campaigns? 
9.One cannot therefore understand whether those calling for a Referendum are doing so out of ignorance or mere hypocrisy with a hidden agenda. 
Whereas it is their right to call for a Referendum, anyone with Kenyans in mind cannot be heard even whispering in the dark the word Referendum or even in Kiswahili Kura ya Mamuuzi! 
Amidst all the calls for a Referendum which in my view are just distractions tactics, we must be cautious not to allow the BBI Report to be just another Report that shall gather dust somewhere in a locker! We have been there before! 
The Truth Justice and Reconciliation Commission Report gathered dust and continue to gather more dust somewhere in a locker. The Kriegler Report gathered dust. There are many more gathering dust. 
The BBI Report should not suffer the same fate. We should not take that route. It’s one of a kind Report which if implemented can certainly bring a smile in the face of Kenyans. 
For this reason, what next for the Report? Let it come to Parliament for it to be acted on.
I rest my case

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