he Orange Democratic Movement (ODM) has opposed a group of parliamentarians’ plans to amend certain provisions in the constitution, saying that its leaders in the national assembly and the senate were not involved in the process.
ODM National Chairman, John Mbadi said that, he has instructed members not to participate in efforts to change the constitution through the parliament being developed by some MPs.
Mr Mbadi, who is a minority leader in the national assembly, also said lawmakers from other opposition parties had been instructed not to support the plan.
A group of 13 lawmakers has identified ten uncontested proposals in the BBI’s proposed Constitutional Amendment Bill (BBI) that they want to be passed through parliament.
This is after the Supreme Court shut down the process of changing the constitution through the BBI saying it was unconstitutional.
Among the issues that the legislators want to discuss are the creation of the post of Prime Minister and his two deputies, the principle of gender representation, security laws, county funding, the reform of the electoral system and the creation of new constituencies.
But ODM opposes the move, saying the party has not decided to use parliament to change the constitution although some of its members, including Homa Bay senator Moses Kajwang and Rarieda MP Otiende Amollo have expressed interest in supporting the move.
Mr Mbadi spoke to reporters in Homa Bay where he said he was confident the Court of Appeal would overturn a Supreme Court decision halting the BBI process.
He urged Kenyans to await the decision of the Court of Appeal which will provide direction on when a referendum will be held.
But Garissa MP Aden Duale, however, called on the country’s political parties to unite to save the BBI’s Conciliation Plan through parliament. Speaking at a fundraising event in Garissa, Duale said there was not enough time to await the decision of the Court of Appeal and perhaps the decision of another appeal in the Supreme Court to enable a referendum to be held before the 2022 general election.
“We have no problem with the BBI if we do not lose the Ijaara and Wajir South constituencies. “I want to ask the political parties to unite because the constitution allows for amendments through parliament, for MPs to pass provisions that do not require a referendum pending a court decision,” he said, “Duale said.
Duale was among 83 lawmakers who voted to reject the BBI bill in parliament earlier last month.
Proponents of the parliamentary plan to change the constitution say it will be a victory for all Kenyans, especially after Speaker Justin Muturi backed their efforts.