ANC party has highlighted 9 issues in the BBI report that the Party Leader Musalia Mudavadi says must be addressed before it’s adopted.
Mudavadi argues that the Judiciary must retain its independence saying the proposed amendment in Article 172A to introduce the position of The Office of the Judiciary Ombudsman and his functions do not advance the independence of the institution.
‘’As ANC Party, as demanded by International Best Practice and by submissions made by other critical Stake Holders in this arena, the holder of this office should be appointed by the Chief Justice,” He said.
Mudavadi said the Senate as the custodian of Devolution should be strengthened to protect and safeguard Devolution. This he says has not been met by the proposed amendments in Articles 98, 218 & 218A.
“The proposed amendment of Article 218 takes division of Revenue away from the Senate yet the core function of the Senate is to protect Devolution. ANC finds that the position of the Senate has been severely weakened,” He said.
He further pointed out that the elimination of public participation in the vetting of appointees by the National Assembly to the Executive violates the principles of sovereignty of the people and destroys the democratic principles of checks and balances.
He said replacing the National Police Service Commission with the proposed National Police Council, to be headed by a Cabinet Secretary denies civilian (Mwananchi) representation in the proposed new council.
And on SRC, Mudavadi said the proposed amendments to remove the power of statutory bodies and other stake holders, including COTU and FKE, to nominate membership to the SRC and replacing with Executive Appointees defeats the very objective of inclusivity and Best International Labour Organisation practices (ILO).
“These provisions deny employees and employers the power of collective bargaining agreements (CBA). SRCs Role was advisory but now it gets power to determine salaries. Is this what free market economy requires? Are we a free market economy or not? ANC Party finds this unacceptable. This is an affront to the Bill of Rights as enshrined in Article 41,” He said.
He has now called on President Uhuru Kenyatta to open a window for further consultation and consensus building which may take the form of a Constituent Assembly (such as the Bomas Model).