The Committee Co-Chairman of the Bipartisan team Otiende Amollo has eliminated an Executive Order as a means of constituting it.
Otiende Amollo said this decision by the committee is based on the 2022 Supreme Court ruling that nullified the Building Bridges Initiative Constitution (Amendment) Bill. It concluded that the head of state cannot initiate constitutional amendments or changes through a popular initiative under Article 257 of the Constitution.
The Rarieda MP stated that an Executive Order may ruin the process given that the committee may settle on proposals requiring amendments.
“You remember that the Supreme Court held in the BBI case that no amendment can be initiated at the Instance of the President and for that reason we recognize that to the extent that some of those issues have been raised by the President in Parliament and also through these talks then we would stand in danger of negate our work,” Otiende stated.
Moreover, the team is set to reconvene on Monday, May 15, to decide whether to take the parliamentary route or an alternative approach which does not need a formal constitution, provided there is political willingness.
In addition, the Bipartisan Dialogue Team is looking at various ways to move forward in their efforts to address the country’s political challenges.
Nonetheless, the 14-member bipartisan dialogue team on Wednesday agreed to have 12 key issues that will guide the talks for 60 days.
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Furthermore, the Kenya Kwanza team wants a legal tool that will give effect to Article 37 of the Constitution, regulate the conduct, and assign responsibilities to different parties, including organizers of demonstrations.
Likewise, Azimio Coalition wants the cost of living discussed as a top agenda when the talks commence. The Raila-led coalition also wants an audit of the 2022 presidential election results, an all-inclusive path to the reconstitution and restructuring of the electoral commission to be on the table.
Nonetheless, the issues presented by the President William Ruto-led coalition include; the reconstitution of the Independent Electoral and Boundaries, the realization of the two-thirds gender rule in the National Assembly, the entrenchment of the National Government Constituency Development Fund (NG-CDF) in law and the Constitution, and entrenching the National Government Affirmative Action Fund (NGAAF) and the Senate Oversight Funds in the Constitution.
