Lawyers pour cold water on document

Noah Cheploen @cheploennoah

A section of senior lawyers have poured cold water on the Building Bridges Initiative (BBI) report, saying it failed to address key issues the country is grappling with such as historical injustices and electoral violence.

Makueni Governor Kivutha Kibwana, Narc-Kenya party leader Martha Karua and Executive Director of the Open Society Initiative for Eastern Africa George Kegoro said  BBI failed to meet the expectations of Kenyans.

According to the trio, the BBI risks rolling back the democratic gains that have been achieved over the years if it is adopted in its current form.

They have pointed out creation of Judiciary Ombudsman as an onslaught on Judiciary  independence.

“The BBI report will not solve Kenya’s historical injustices, socio-economic and political systemic problems, the report does not talk about implementation of Ndung’u, Krieger, Waki and other reports,” said Kibwana.

He said some of the proposals contained in the report can be implemented through legislation.

“For example inclusivity, nothing stops the president even now from ensuring that all the marginalised and vulnerable groups are on board,” he said.

“We have not been faithful to the Constitution… there is a lot we would have achieved if we faithfully and truthfully implemented it,” said Kibwana.

The Makueni Governor opines the country can avoid referendum by passing necessary legislations in Parliament.

Kibwana shared sentiments expressed by Kegoro and Karua, saying BBI should find a solution to electoral malpractices such as rigging claims that have marred presidential elections in the recent past.

“Elections must produce a winner and a loser. That is very important… you cannot have an election where there are no losers.

The problem is that we do not want to go into the pain of ensuring that elections are fair and credible,” said Kegoro.

 Kegoro said BBI report failed to address electoral injustices. “Instead, it creates a scenario where everybody gets some power…” he said.

They were speaking  yesterday during a webner on BBI organised by ICJ Kenyan Section.