Nairobi — The Bipartisan Dialogue Team has excluded an Executive Order as a means of constituting it according to Committee Co-Chairman Otiende Amollo.
The Rarieda MP explained that the committee's decision was based on the 2022 Supreme Court ruling that invalidated the Building Bridges Initiative Constitution (Amendment) Bill, having concluded that the President cannot initiate constitutional amendments or changes through a popular initiative under Article 257 of the Constitution.
Given that the committee may settle on proposals requiring amendments, Amollo said an Executive Order may scuttle the process.
"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," the Rarieda MP said.
The team will reconvene on Monday, May 15, to consider whether to take the parliamentary route or an alternative approach that does not require a formal constitution, provided there is political willingness.
The Bipartisan Dialogue Team is exploring various ways to move forward in their efforts to address the country's political challenges.
12-point agenda
The 14-member team on Wednesday agreed to have 12 key issues that will guide the talks for 60 days.
The Kenya Kwanza team also 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.
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The Raila Odinga-led Azimio Coalition wants the cost of living discussed as a top agenda when the substantive talks begin.
They are further demanding 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.
The Kenya Kwanza issues which were presented by Senate Majority Leader Bonny Khalwale 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.
According to Khalwale, "the creation of the office of Leader of the Opposition, resolving insecurity problems, including banditry and urban gangs, and proposing measures to deal with impunity on the part of those who should bear responsibility" are issues they want to be discussed.
