Bipartisan Talks: Jubilee Makes 3 Proposals That Match BBI

While conducting its public participation forum, the former ruling political outfit tabled issues that are a carbon copy of the provisions made in the Building Bridges Initiative (BBI)

Bipartisan Talks: Jubilee Makes 3 Proposals That Match BBI
Embattled Jubilee Party Secretary General, Jeremiah Kioni speaking at Bomas of Kenya on September 11, 2023. /JUBILEE PARTY

The Jubilee Party faction led by embattled Secretary General Jeremiah Kioni on Monday, September 11 raised three issues that it wants addressed by the National Dialogue Committee (NADCO).

While conducting its public participation forum, the former ruling political outfit tabled issues that are a carbon copy of the provisions made in the Building Bridges Initiative (BBI) which was declared null and void by all three of Kenya's highest courts, including the Supreme Court.

Among the contentious issues Kioni wants addressed is the shared prosperity, or in layman's terms, the 'One Man One Shilling' call which President William Ruto managed to block Mt Kenya politicians from advancing owing to the aggravated problems it may cause in the political atmosphere, including protests from marginalized areas Kenya would risk losing if the proposal was implemented.

Before the BBI witnessed nightmares courtesy of the courts, the proposed principle of 'one man, one vote, and one shilling' had sought to have national resources allocated based on population as the main factor of consideration, one that was heavily vouched for by former President Uhuru Kenyatta and Azimio leader Raila Odinga.

Embattled Jubilee Party Secretary General, Jeremiah Kioni at Bomas of Kenya on September 11, 2023. /JUBILEE PARTY

Kioni also called for a review of electoral boundaries, a proposal also contained in the BBI's final draft, under which  the team stated that no constituency should be done away with in subsequent border revision.

“We also submitted a document that covers the following substantive issues:- 1. Shared prosperity (One Man, One Vote, One Shilling).

"2. Boundaries review (We hold the view that no constituency should be scrapped). 3. Marginalized groups and communities (Women, Youth, PWDs,” the party said in a statement.

Jubilee also called for the creation of extra-constitutional offices as envisaged by the BBI such as the Office of a Prime Cabinet Secretary (CS), which Musalia Mudavadi currently holds, and the Office of the Opposition Leader.

The party further noted that it submitted preliminary issues with specific demands against the interference of political parties, politically instigated harassment, arbitrary arrest charges, and flimsy cases against Opposition Leaders.

"It is our wish and hope that the National Dialogue Committee will extend the short time given for submissions to allow for further public participation," the party added.

Speaking after Jubilee and other groups presented their petitions, the National Dialogue Committee co-chair Kalonzo Musyoka lauded the 142 memoranda NADCO, through its Technical Committee, received from stakeholders.

"We continue to be impressed by the level of public participation in the Bipartisan talks. 

"We urge our fellow Kenyans to continue submitting their Memorandas so that every idea, concern or suggestion is included in the framed agendas. The Technical Committee will this week peruse all documents submitted in readiness for the next working sitting," urged Kalonzo.

Jubilee's proposals are likely to spark a fresh political row given that the BBI document was strongly opposed by Ruto while he was Deputy President before the document, a proposed set of amendments to the Constitution of Kenya initially proposed in October 2019, was dropped altogether.

Six out of seven judges led by Chief Justice Martha Koome on March 31, 2022, had ruled that the President cannot lead a popular initiative to amend the Constitution.

Three judges held that former President Uhuru was a promoter of the BBI proposed amendments. Two judges said President Kenyatta was not involved. two judges abstained from that vote.

Final judgment

  1. Basic Structure is not applicable in Kenya.
  2. President cannot initiate amendment through Popular Initiative - President Kenyatta initiated the BBI. Consequently, under 257, BBI is unconstitutional.
  3. The creation of 70 constituencies is unconstitutional for want of public participation.
  4. Civil proceedings cannot be initiated against the President.
  5. No obligation on IEBC to ensure promoters of BBI complied with requirements for public participation. There was public participation in BBI.
  6. IEBC had a quorum.
  7. The issue of multiple question was not ripe for determination.
  8. Each party to bear its own costs of the suit.

CJ Koome had ruled that the Basic Structure doctrine and the four sequential steps provided by the High Court and the Court of Appeal were not applicable in Kenya.

"The two Superior Courts below erred in introducing a procedure not provided for by stating that amending the Constitution ought to go through the four sequential stages (civic education, public participation, constituent assembly debate, and a referendum). Ultimately, they amended the Constitution by judicial craft," she stated at the time.

Raila Odinga with former President Uhuru Kenyatta holding their respective BBI documents. /FILE