The Building Bridges Initiative (BBI) constitutional amendment process risks failure after it emerged that a majority of counties debated and passed the wrong document.
34 counties debated the wrong format of the document while only 12 counties endorsed the correct format. 43 counties passed the bill, transmitting it to the National Assembly.
Counties that debated the correct format include; Mandera, Meru, Tharaka Nithi, Embu, Nyandarua, Nyeri, Murang'a, Kiambu, Turkana, Elgeyo Marakwet, Laikipia, Nakuru, and Siaya.
The Joint Justice and Legal Affairs Committee unearthed that there are three varying formats of the document, however, experts say that only the Senate received the format approved by the Independent Electoral and Boundaries Commission (IEBC).
The committee now stares at an uphill task of harmonising the three separate formats of the BBI bill.
The report received by the National Assembly, clause 13(B) references to clause 2 of the bill, in the Senates, clause 13(B) references to clause 3. Experts warned that the correct reference is clause 2 as there is no clause 3 in article 97 in question.
There is an error in the marginal note that amends article 188, however, the substantive provision relates to article 189.
Further confusion in the report further is that paragraph 1(1) of the National Assembly document references to article 89(7) while that of the Senate references to article 87(7). Experts say the correct reference is article 89(7).
The BBI Secretariat had set a June 2021 deadline for the determination of the report with hopes to have a referendum in August.
The committee unanimously agreed that amending the entire BBI bill will be a near-impossible endeavor.
Parliament has been green-lit to correct the form and typo issues in the bill.